[House Report 105-736]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-736
_______________________________________________________________________
STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999
----------
CONFERENCE REPORT
to accompany
H.R. 3616
September 22, 1998.--Ordered to be printed
STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-736
_______________________________________________________________________
STROM THURMOND NATIONAL DEFENSE
AUTHORIZATION ACT FOR
FISCAL YEAR 1999
__________
CONFERENCE REPORT
to accompany
H.R. 3616
September 22, 1998.--Ordered to be printed
C O N T E N T S
----------
Page
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 367
Summary Statement of Conference Action....................... 367
Summary Table of Authorizations.............................. 367
Congressional Defense Committees............................. 374
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 374
Title I--Procurement............................................. 374
Procurement Overview................................. 374
Overview............................................. 377
Airborne reconnaissance low.......................... 380
C-XX (medium range) aircraft......................... 380
UH-60 Blackhawk...................................... 380
AH-64 modifications.................................. 380
CH-47 cargo helicopter modifications................. 380
C-12 modifications................................... 381
OH-58D Kiowa Warrior................................. 381
Aircraft Survivability Equipment..................... 381
Army airborne command and control system............. 381
Overview............................................. 381
Enhanced fiber optic guided missile.................. 384
Javelin system....................................... 384
Multiple launch rocket system rockets................ 384
Multiple launch rocket system launcher............... 384
Overview............................................. 385
Bradley base sustainment............................. 388
M240 machine gun..................................... 388
MK-19 grenade launcher............................... 388
Overview............................................. 388
M830A1 120mm Tank Ammunition......................... 392
Overview............................................. 392
High mobility multipurpose wheeled vehicles.......... 401
Family of medium tactical vehicles................... 401
Medium truck extended service program................ 401
High mobility multipurpose wheeled vehicle extended
service program....................................
Project management support........................... 401
System fielding support.............................. 402
Army data distribution system........................ 402
Single channel ground and airborne radio system...... 402
Area common user system modernization program........ 402
Ground based common sensor........................... 402
Joint surveillance and target attack radar system
common ground system............................... 403
Joint tactical terminal.............................. 403
Shortstop electronic protection system............... 403
Night vision......................................... 403
Automated data processing equipment.................. 403
Land warrior......................................... 404
Small pusher tug..................................... 404
Training devices, nonsystem.......................... 404
Simulation network/close combat tactical trainer..... 404
R2000 engine flush system............................ 404
Overview............................................. 405
AV-8B................................................ 409
F/A-18E/F............................................ 409
V-22................................................. 409
JPATS................................................ 409
EA-6 series modifications............................ 409
F-14 Series.......................................... 409
ES-3 Series Modifications............................ 410
F-18 series modifications............................ 410
P-3C antisurface warfare improvement program......... 410
Lightweight environmentally sealed parachute assembly 410
E-6 modifications.................................... 410
Common ground equipment.............................. 411
Aircraft industrial facilities....................... 411
Overview............................................. 411
Tactical Tomahawk.................................... 415
Advanced medium range air-to-air missile............. 415
Standard missile..................................... 415
Penguin missile program.............................. 415
Aerial Targets....................................... 415
Improved tactical air launched decoy................. 416
Weapons industrial facilities........................ 416
Mk-48 torpedo advanced capability torpedo
modifications...................................... 416
Close-in weapon system surface mode upgrade.......... 416
Surface ship gun mount rotatable pool................ 416
Overview............................................. 416
Shoulder launched multi-purpose assault weapon....... 420
LHD-8 advance procurement............................ 423
Strategic sealift.................................... 423
Landing craft air cushion service life extension
program............................................ 423
Navy shipbuilding outfitting......................... 423
Navy shipbuilding post delivery...................... 423
Overview............................................. 424
Other generators..................................... 434
AN/WSN-7 inertial navigation system and WQN-2 doppler
sonar velocity log................................. 434
Pollution control equipment.......................... 434
Hull, mechanical, and electrical under $2.0 million.. 435
AN/BPS-15H surface search radar...................... 435
Submarine acoustic rapid commercial off-the-shelf
insertion.......................................... 435
Cooperative engagement capability.................... 435
Integration and test facility command and control
initiative......................................... 437
Ship communications items............................ 437
AN/USC-42 mini-demand assigned multiple access ultra-
high frequency satellite communications terminals.. 437
Joint engineering data management and information
control system..................................... 437
Weapons range support equipment...................... 437
Aircraft launch and recovery equipment............... 438
Engagement systems support........................... 438
Smart ship equipment................................. 438
Strategic missile systems equipment.................. 438
NULKA assembly qualification......................... 438
Beamhit laser marksmanship training system (LMTS).... 439
Overview............................................. 439
Modification kits-tracked vehicles................... 443
155MM lightweight towed howitzer..................... 443
Pedestal mounted stinger............................. 443
Items less than $2.0 million (intelligence).......... 443
Night vision equipment............................... 444
Communications and electronics infrastructure........ 444
Medium tactical vehicle replacement.................. 444
Light tactical vehicle replacement................... 444
Power equipment assorted............................. 445
Shop equipment contact maintenance................... 445
Material handling equipment.......................... 445
Overview............................................. 445
F-22 procurement..................................... 450
F-16................................................. 450
C-130J............................................... 450
C-130H............................................... 450
Joint Primary Aircraft Training System............... 450
E-8C Joint Surveillance and Target Attack Radar
System (JSTARS).................................... 451
B-1B................................................. 451
B-52................................................. 451
F-15 modifications................................... 451
F-16 modifications................................... 452
C-12 modifications................................... 452
Defense Airborne Reconnaissance Program procurement.. 452
E-8 modifications.................................... 454
Passenger safety modifications....................... 454
Pacer Coin........................................... 455
Common support equipment............................. 455
A-10 post production support......................... 455
B-2A................................................. 455
Miscellaneous production charges..................... 456
Overview............................................. 456
Overview............................................. 459
Advanced Medium Range Air-to-Air Missile............. 462
Minuteman III guidance replacement program........... 462
AGM-65H Maverick..................................... 462
Defense Support Program.............................. 462
Overview............................................. 462
60K Loader........................................... 468
Combat training ranges............................... 468
Automated telecommunications program................. 468
Air Force satellite control network.................. 468
Communication electronics modifications.............. 468
Overview............................................. 468
Automated document conversion system................. 474
SOF intelligence systems............................. 474
Contamination avoidance.............................. 474
Overview............................................. 474
National Guard and Reserve Equipment................. 477
Overview............................................. 478
Legislative Provisions Adopted............................... 480
Subtitle A--Authorization of Appropriations.............. 480
Authorization of appropriations (secs. 101-109)...... 480
Chemical demilitarization program (sec. 107)......... 480
Subtitle B--Army Programs................................ 481
Multiyear procurement authority for Longbow Hellfire
missile program (sec. 111)......................... 481
Condition for award of second-source procurement
contract for the family of medium tactical vehicles
(sec. 112)......................................... 481
Armored system modernization (sec. 113).............. 482
Reactive armor tiles (sec. 114)...................... 482
Extension of authority to carry out Armament
Retooling and Manufacturing Support Initiative
(sec. 115)......................................... 483
Subtitle C--Navy Programs................................ 483
CVN-77 nuclear aircraft carrier program (sec. 121)... 483
Increase in amount authorized to be excluded from
cost limitation for Seawolf submarine program (sec.
122)............................................... 483
Multiyear procurement authority for the Department of
the Navy (sec. 123)................................ 483
Annual General Accounting Office review of F/A-18E/F
program (sec. 124)................................. 483
Subtitle D--Air Force Programs........................... 484
F-22 aircraft program (sec. 131)..................... 484
C-130J aircraft program (sec. 132)................... 484
Subtitle E--Other Matters................................ 484
Chemical stockpile emergency preparedness program
(sec. 141)......................................... 484
Alternative technologies for destruction of assembled
chemical weapons (sec. 142)........................ 485
Legislative Provisions not Adopted........................... 486
M1A2 system enhancement program step one............. 486
Annual reporting of costs associated with travel of
members of the chemical demilitarization
citizenship advisory commission.................... 486
Joint surveillance target attack radar system........ 486
Limitation on replacement of engines on military
aircraft derived from Boeing 707 aircraft.......... 487
Title II--Research, Development, Test, and Evaluation............ 487
Research, Development, Test, and Evaluation Overview. 487
Overview............................................. 489
Additional decreases in technology base funding...... 499
Materials Technology................................. 499
Missile technology................................... 499
Combat vehicle and automotive technology............. 499
Human factors engineering technology................. 500
Environmental quality technology..................... 500
Command, control, and communications technology...... 501
Military engineering technology...................... 501
Medical advanced technology.......................... 501
Aviation advanced technology......................... 501
Weapons and munitions advanced technology............ 501
Combat vehicle and automotive advanced technology.... 502
Missile and rocket advanced technology............... 502
Joint service small arms program..................... 502
Tactical High Energy Laser........................... 502
Armament enhancement initiative...................... 503
Comanche............................................. 503
Electronic warfare development....................... 503
Follow-on to TOW..................................... 503
Combat feeding, clothing, and equipment.............. 503
Aviation-engineering development..................... 504
Weapons and munitions-engineering development........ 504
Landmine warfare/barrier-engineering development..... 504
Radar development.................................... 504
Firefinder........................................... 504
Artillery systems-engineering and manufacturing
development........................................ 505
Decrease to Research, Development, Test and
Evaluation support programs........................ 505
Army technical test instrumentation and targets...... 505
Survivability/lethality analysis..................... 505
Department of Defense high energy laser test
facilities......................................... 506
Multiple launch rocket system product improvement
program............................................ 506
Advanced field artillery tactical data system........ 506
Combat vehicle improvement programs.................. 506
Aircraft engine component improvement program........ 506
Force XXI warfighting rapid acquisition program...... 507
Missile/air defense product improvement program...... 507
Defense information technology test bed.............. 507
Information systems security program................. 507
Manufacturing technology............................. 507
Overview............................................. 508
Marine mammal research............................... 519
Pulse detonation engine technology................... 519
Stainless steel double hull research................. 519
Communications, command, control, and intelligence... 519
Materials, electronic and computer technology........ 519
Autonomous underwater vehicle and sonar development.. 520
Micro electronic systems technology.................. 520
Air systems and weapons advanced technology.......... 520
Precision strike and air defense technology.......... 520
Advanced electric systems studies.................... 520
Power electronic building blocks and power node
control centers.................................... 521
Composite helicopter hangar.......................... 521
Marine Corps advanced technology demonstration....... 521
Freeze dried blood................................... 522
Advanced lightweight influence sweep system.......... 522
Aviation survivability............................... 522
ASW systems development.............................. 523
Studies and experiments for combat systems
engineering........................................ 523
Remote minehunting system............................ 523
Future aircraft carrier transition technology........ 523
Shipboard systems component development.............. 524
SSGN study........................................... 525
Intercooled recuperated gas turbine engine........... 525
Environmentally safe energetic materials............. 525
Marine Corps assault vehicles........................ 526
Marine Corps ground combat/support system............ 526
Aviation depot maintenance........................... 526
Naval surface fire support system integration........ 527
Vertical gun for advanced ships...................... 527
Joint strike fighter................................. 527
Nonlethal weapons and technologies of mass protection
program............................................ 527
Commercial off-the-shelf insertion just prior to
critical design review for helicopter improvement.. 528
Parametric airborne dipping sonar.................... 528
Common support aircraft.............................. 528
Electronic warfare development....................... 528
Laboratories and field activities monitoring efforts. 529
DDG-51 composite director room....................... 529
Multi-purpose processor.............................. 529
Air control.......................................... 529
Submarine sonar domes................................ 530
NSSN advanced technology insertion................... 530
Non-propulsion electronics system.................... 530
System level shock testing........................... 530
DD-21 land attack destroyer.......................... 531
Smart propulsor product model........................ 531
NULKA antiship missile decoy system electro-magnetic
compatibility...................................... 531
Infrared search and track system..................... 532
Voice instructional devices.......................... 532
Distributed surveillance system...................... 532
Battle force tactical training....................... 533
High Speed Anti-Radiation Missile Improvement........ 533
Marine corps ground combat/supporting arms systems... 533
Airborne reconnaissance systems...................... 533
Overview............................................. 534
Friction welding..................................... 544
Integrated high performance turbine engine program... 544
Variable displacement vane pump...................... 544
High frequency active auroral research program....... 544
Protein-based memory................................. 544
Advanced low observable coatings..................... 545
Night vision technology.............................. 545
Electronic combat technology......................... 545
Ballistic Missile Technology......................... 545
Micro-satellite technology development program....... 545
Solar orbital transfer vehicle....................... 546
Low cost launch technology development............... 546
Space maneuver vehicle............................... 546
Space control technology development................. 547
Variable stability in-flight simulator test aircraft. 548
Electronic warfare development....................... 548
Evolved expendable launch vehicle program............ 548
Big Crow program office.............................. 548
Flight test safety................................... 548
F-16 Squadrons....................................... 549
Advanced medium range air-to-air missile............. 549
Joint Air-To-Surface Standoff Missile................ 549
Theater Battle Management C4I........................ 549
Joint Surveillance and Target Attack Radar System.... 550
Seek Eagle........................................... 550
Defense Airborne Reconnaissance Program research and
development........................................ 550
Overview............................................. 552
University research initiative....................... 562
Ballistic Missile Defense Organization funding and
programmatic guidance.............................. 562
Medical free electron laser.......................... 566
Computing systems and communications technology...... 566
Chemical-biological defense program.................. 566
Tactical technology.................................. 568
Integrated command and control technology............ 568
Materials and electronic technologies................ 569
Weapons of mass destruction technologies............. 569
Explosives demilitarization technology............... 570
Counterterror technical support program.............. 570
Counterproliferation support program................. 571
Automatic target recognition......................... 571
Generic logistics research and development technology
demonstrations..................................... 572
Strategic Environmental Research and Development
Program............................................ 572
Advanced electronics technologies.................... 572
Maritime technology.................................. 572
Advanced concept technology demonstrations........... 573
High performance computing modernization program..... 573
Command, control and communications systems.......... 573
Sensor and guidance technology....................... 573
Land warfare technology.............................. 573
Physical security.................................... 574
Continuous acquisition and life-cycle support
activities initiative.............................. 574
North Atlantic Treaty Organization research and
development........................................ 574
Humanitarian demining................................ 575
Joint robotics program-engineering development....... 575
Defense technology analysis.......................... 575
Defense technical information services............... 575
Special operations intelligence systems development.. 575
Live fire testing.................................... 575
Items of Special Interest.................................... 576
Advanced lightweight grenade launcher................ 576
Advanced tactical computer science and sensor
technology......................................... 576
Commercial technologies for maintenance activities... 576
Cyber Security Program............................... 577
Defense information superiority, assurance, and
interoperability................................... 577
Joint simulation system.............................. 577
Man overboard indicator technology................... 578
Materials research................................... 578
Military human immunodeficiency virus research....... 579
Navy antisubmarine warfare program................... 579
Navy land attack missile program..................... 580
Oceanographic research information................... 581
Optical correlation technology for automatic target
recognition........................................ 582
Patriot anti-cruise missile defense.................. 582
Project M............................................ 582
Software security.................................... 583
Legislative Provisions Adopted...............................
Subtitle A--Authorization of Appropriations.............. 583
Authorization of appropriations (secs 201-202)....... 583
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 583
Management responsibility for Navy mine
countermeasures programs (sec. 211) 167............ 583
Future aircraft carrier transition technologies (sec.
212)............................................... 583
Manufacturing technology program (sec. 213).......... 583
Sense of Congress on the defense science and
technology program (sec. 214)...................... 584
Next generation internet (sec. 215).................. 585
Crusader self-propelled artillery system program
(sec. 216)......................................... 585
Airborne Laser Program (sec. 217).................... 585
Enhanced Global Positioning System program (sec. 218) 586
Subtitle C--Ballistic Missile Defense.................... 588
Sense of Congress on national missile defense
coverage (sec. 231)................................ 588
Limitation on funding for the Medium Extended Air
Defense System (sec. 232).......................... 588
Limitation on funding for cooperative ballistic
missile defense programs (sec. 233)................ 588
Sense of Congress with respect to ballistic missile
defense cooperation with Russia (sec. 234)......... 588
Ballistic missile defense program elements (sec. 235) 589
Restructuring of Theater High Altitude Area Defense
System Acquisition Strategy (sec. 236)............. 589
Subtitle D--Other Matters................................ 590
Extension of authority to carry out certain prototype
projects (sec. 241)................................ 590
North Atlantic Treaty Organization alliance ground
surveillance concept definition (sec. 242)......... 590
NATO common funded civil budget (sec. 243)........... 590
Executive agent for cooperative research program of
the Department of Defense and the Department of
Veterans Affairs (sec. 244)........................ 591
Review of pharmacological interventions for reversing
brain injury (sec. 245)............................ 591
Pilot program for revitalizing the laboratories and
test and evaluation centers of the Department of
Defense (sec. 246)................................. 591
Chemical warfare defense (sec. 247).................. 591
Landmine alternatives (sec. 248)..................... 592
Legislative Provisions not Adopted........................... 593
Limitation on funding for counterproliferation
support............................................ 593
Unmanned aerial vehicle programs..................... 595
Persian gulf illnesses............................... 595
Low cost launch development program.................. 595
Title III--Operation and Maintenance............................. 595
Overview............................................. 595
Arms control implementation.......................... 625
Navy Environmental Leadership Program................ 625
Defense Threat Reduction Agency (DTRA)............... 626
Joint Military Intelligence Program.................. 627
Domestic emergency response program.................. 628
Items of Special Interest.................................... 629
Fire support software engineering center............. 629
Lead-based paint soil contamination at Department of
Defense facilities................................. 630
State certification of underground storage tanks..... 630
Legislative Provisions Adopted............................... 631
Subtitle A--Authorization of Appropriations.............. 631
Authorization of appropriations (secs. 301-302)...... 631
Armed Forces Retirement Home (sec. 303).............. 631
Transfer from the National Defense Stockpile
Transaction Fund (sec. 304)........................ 631
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 631
Refurbishment of M1-A1 Tanks (sec. 311).............. 631
Operation of prepositioned fleet, National Training
Center, Fort Irwin, California (sec. 312).......... 631
Berthing space at Norfolk Naval Shipyard, Virginia
(sec. 313)......................................... 632
NATO common-funded military budget (sec. 314)........ 632
Subtitle C--Environmental Provisions..................... 632
Settlement of claims of foreign governments for
environmental cleanup of overseas sites formerly
used by the Department of Defense (sec. 321)....... 632
Authority to pay negotiated settlement for
environmental cleanup of formerly used defense
sites in Canada (sec. 322)......................... 632
Removal of underground storage tanks (sec. 323)...... 633
Report regarding polychlorinated biphenyls under
Department of Defense control overseas (sec. 324).. 633
Modification of deadline for submittal to Congress of
annual reports on environmental activities (sec.
325)............................................... 633
Submarine solid waste control (sec. 326)............. 634
Arctic Military Environmental Cooperation program
(sec. 327)......................................... 634
Sense of Congress regarding oil spill prevention
training for personnel on board Navy vessels (sec.
328)............................................... 635
Subtitle D--Information Technology Issues................ 635
Additional information technology responsibilities of
chief information officers (sec. 331).............. 635
Defense-wide electronic mall system for supply
purchases (sec. 332)............................... 636
Year 2000 Compliance of Department of Defense
Information Technology and National Security
Systems............................................ 636
Subtitle E--Defense Infrastructure Support Improvement... 638
Clarification of definition of depot-level
maintenance and repair (sec. 341).................. 638
Reporting and analysis requirements before change of
commercial and industrial type functions to private
sector performance (sec. 342)...................... 638
Notification of determinations of military items as
being commercial items for purposes of the
exception to requirements regarding core logistics
capabilities (sec. 343)............................ 639
Oversight of development and implementation of
automated identification technology (sec. 344)..... 639
Contractor-operated civil engineering supply stores
program (sec. 345)................................. 640
Conditions on expansion of functions performed under
prime vendor contracts for depot-level maintenance
and repair (sec. 346).............................. 640
Best commercial inventory practices for management of
secondary supply items (sec. 347).................. 640
Personnel reductions in Army Materiel Command (sec.
348)............................................... 641
Inventory management of in-transit items (sec. 349).. 641
Review of Defense Automated Printing Service
functions (sec. 350)............................... 641
Development of plan for establishment of core
logistic capabilities for maintenance and repair of
C-17 aircraft (sec. 351)........................... 641
Subtitle F--Commissaries and Nonappropriated Fund
Instrumentalities...................................... 642
Continuation of management and funding of Defense
Commissary Agency through the Office of the
Secretary of Defense (sec. 361).................... 642
Expansion of current eligibility of reserves for
commissary benefits (sec. 362)..................... 642
Costs payable to the Department of Defense and other
federal agencies for services provided to the
Defense Commissary Agency (sec. 363)............... 642
Collection of dishonored checks presented at
commissary stores (sec. 364)....................... 642
Restrictions on patron access to, and purchases in,
overseas commissaries and exchange stores (sec.
365)............................................... 642
Repeal of requirement for Air Force to sell tobacco
products to enlisted personnel (sec. 366).......... 643
Prohibition on consolidation or other organizational
changes of Department of Defense retail system
(sec. 367)......................................... 643
Defense Commissary Agency telecommunications (sec.
368)............................................... 643
Survey of commissary store patrons regarding
satisfaction with commissary store merchandise
(sec. 369)......................................... 643
Subtitle G--Other Matters................................ 644
Eligibility requirements for attendance at Department
of Defense domestic dependent elementary and
secondary schools (sec. 371)....................... 644
Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 372) 644
Department of Defense readiness reporting system
(sec. 373)......................................... 644
Specific emphasis of program to investigate fraud,
waste, and abuse within Department of Defense (sec.
374)............................................... 645
Condition for providing financial assistance for
support of additional duties assigned to the Army
National Guard (sec. 375).......................... 645
Demonstration program to improve quality of personal
property shipments of members (sec. 376)........... 645
Pilot program for acceptance and use of landing fees
charged for use of domestic military airfields by
civil aircraft (sec. 377).......................... 646
Strategic plan for expansion of distance learning
initiatives (sec. 378)............................. 646
Public availability of operating agreements between
military installations and financial institutions
(sec. 379)......................................... 646
Legislative Provisions not Adopted........................... 646
Funding for information technology and national
security programs.................................. 646
Requirement to maintain government owned and operated
core logistics capability.......................... 647
Extension of demonstration project for uniform
funding of morale, welfare, and recreation
activities......................................... 647
Authorized use of appropriated funds for relocation
of Navy Exchange Service Command................... 647
Fees for providing historical information to the
public............................................. 647
Title IV--Military Personnel Authorizations...................... 647
Legislative Provisions Adopted............................... 647
Subtitle A--Active Forces................................ 647
End strengths for active forces (sec. 401)........... 647
Revision in permanent end strength levels (sec. 402). 648
Date for submission of annual manpower requirements
report (sec. 403).................................. 648
Additional exemption from percentage limitation on
number of lieutenant generals and vice admirals
(sec. 404)......................................... 648
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 (sec. 405)...... 649
Exception for Chief, National Guard Bureau, from
limitation on number of officers above major
general (sec. 406)................................. 649
Limitation on daily average of personnel on active
duty in grades E-8 and E-9 (sec. 407).............. 649
Subtitle B--Reserve Forces............................... 649
End strengths for selected reserve (sec. 411)........ 649
End strengths for reserves on active duty in support
of the reserves (sec. 412)......................... 650
End strengths for military technicians (dual status)
(sec. 413)......................................... 651
Increase in number of members in certain grades
authorized to serve on active duty in support of
the reserves (sec. 414)............................ 652
Consolidation of strength authorizations for active
status Naval Reserve flag officers of the Navy
Medical Department staff corps (sec. 415).......... 652
Subtitle C--Authorization of Appropriations.............. 653
Authorization of appropriations for military
personnel (sec. 421)............................... 653
Legislative Provisions not Adopted........................... 654
Exclusion of additional reserve component general and
flag officers from limitation on number of general
and flag officers who may serve on active duty..... 654
Title V--Military Personnel Policy............................... 655
Legislative Provisions Adopted............................... 655
Subtitle A--Officer Personnel Policy..................... 655
Codification of eligibility of retired officers and
former officers for consideration by special
selection boards (sec. 501)........................ 655
Involuntary separation pay denied for officer
discharged for failure of selection for promotion
requested by the officer (sec. 502)................ 655
Streamlined selective retention process for regular
officers (sec. 503)................................ 655
Permanent applicability of limitations on years of
active naval service of Navy limited duty officers
in grades of commander and captain (sec. 504)...... 655
Tenure of Chief of the Air Force Nurse Corps (sec.
505)............................................... 656
Grade of Air Force Assistant Surgeon General for
Dental Services (sec. 506)......................... 656
Review regarding allocation of Naval Reserve
Officers' Training Corps scholarships among
participating colleges and universities (sec. 507). 656
Subtitle B--Reserve Component Matters.................... 656
Use of reserves for emergencies involving weapons of
mass destruction (sec. 511)........................ 656
Service required for retirement of National Guard
officer in higher grade (sec. 512)................. 656
Reduced time-in-grade requirement for reserve general
and flag officers involuntarily transferred from
active status (sec. 513)........................... 657
Active status service requirement for promotion
consideration for Army and Air Force Reserve
component brigadier generals (sec. 514)............ 657
Composition of selective early retirement boards for
rear admirals of the Naval Reserve and major
generals of the Marine Corps Reserve (sec. 515).... 657
Authority for temporary waiver for certain Army
Reserve officers of baccalaureate degree
requirement for promotion of reserve officers (sec.
516)............................................... 658
Furnishing of burial flags for deceased members and
former members of the Selected Reserve (sec. 517).. 658
Subtitle C--Military Education and Training.............. 658
Separate housing for male and female recruits during
recruit basic training (sec. 521).................. 658
After-hours privacy for recruits during basic
training (sec. 522)................................ 659
Sense of the House of Representatives relating to
small unit assignments by gender during recruit
basic training (sec. 523).......................... 659
Extension of reporting dates for Commission on
Military Training and Gender-Related Issues (sec.
524)............................................... 660
Improved oversight of innovative readiness training
(sec. 525)......................................... 660
Subtitle D--Decorations, Awards, and Commendations....... 660
Study of new decorations for injury or death in line
of duty (sec. 531)................................. 660
Waiver of time limitations for award of certain
decorations to certain persons (sec. 532).......... 661
Commendation and commemoration of the Navy and Marine
Corps personnel who served in the United States
Navy Asiatic Fleet from 1910-1942 (sec. 533)....... 661
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. 534)......................................... 661
Sense of Congress regarding the heroism, sacrifice,
and service of the military forces of South Vietnam
and other nations, and indigenous groups in
connection with the United States Armed Forces
during the Vietnam conflict (sec. 535)............. 662
Sense of Congress the regarding the heroism,
sacrifice, and service of former South Vietnamese
commandos in connection with the United States
Armed Forces during the Vietnam conflict (sec. 536) 662
Prohibition on members of armed forces entering
correctional facilities to present decorations to
persons who have committed serious violent felonies
(sec. 537)......................................... 662
Subtitle E--Administration of Agencies Responsible for
Review and Correction of Military Records.............. 662
Personnel freeze (sec. 541).......................... 662
Professional staff (sec. 542)........................ 663
Ex parte communications (sec. 543)................... 663
Timeliness standards (sec. 544)...................... 663
Scope of correction of military records (sec. 545)... 663
Subtitle F--Reports...................................... 663
Report on personnel retention (sec. 551)............. 663
Report on process for selection of members for
service on courts-martial (sec. 552)............... 663
Report on prisoners transferred from United States
Disciplinary Barracks, Fort Leavenworth, Kansas, to
Federal Bureau of Prisons (sec. 553)............... 664
Review and report regarding the distribution of
National Guard full-time support among the states
(sec. 554)......................................... 664
Subtitle G--Other Matters................................ 664
Two-year extension of certain force drawdown
transition authorities relating to personnel
management and benefits (sec. 561)................. 664
Leave without pay for suspended academy cadets and
midshipmen (sec. 562).............................. 665
Continued eligibility under Voluntary Separation
Incentive program for members who involuntarily
lose membership in a reserve component (sec. 563).. 665
Reinstatement of definition of financial institution
in authorities for reimbursement of defense
personnel for Government errors in direct deposit
of pay (sec. 564).................................. 665
Increase in maximum amount for College Fund program
(sec. 565)......................................... 665
Central Identification Laboratory, Hawaii (sec. 566). 666
Military funeral honors for veterans (sec. 567)...... 666
Status in the Naval Reserve of cadets at the Merchant
Marine Academy (sec. 568).......................... 667
Repeal of restriction on civilian employment of
enlisted members (sec. 569)........................ 667
Transitional compensation for abused dependent
children not residing with the spouse or former
spouse of a member convicted of dependent abuse
(sec. 570)......................................... 668
Pilot program for treating GED and home school
diploma recipients as high school graduates for
determinations of eligibility for enlistment in the
armed forces (sec. 571)............................ 668
Sense of Congress concerning New Parent Support
Program and military families (sec. 572)........... 668
Advancement of Benjamin O. Davis, Junior, to grade of
General on the retired list of the Air Force (sec.
573)............................................... 669
Sense of the House of Representatives concerning
adherence by civilians in military chain of command
to the standard of exemplary conduct required of
commanding officers and others in authority in the
Armed Forces (sec. 574)............................ 669
Legislative Provisions not Adopted........................... 669
Posthumous commissions and warrants.................. 669
Study of revising the term of service of members of
the United States Court of Appeals for the Armed
Forces............................................. 670
Repeal of limitations on authority to set rates and
waive requirement for reimbursement of expenses
incurred for instruction at service academies of
persons from foreign countries..................... 670
Moratorium on changes of gender-related policies and
practices pending completion of the work of the
Commission on Military Training and Gender-Related
Issues............................................. 670
Title VI--Compensation and Other Personnel Benefits.............. 670
Legislative Provisions Adopted............................... 670
Subtitle A--Pay and Allowances........................... 670
Increase in basic pay for fiscal year 1999 (sec. 601) 670
Rate of pay for cadets and midshipmen at the service
academies (sec. 602)............................... 671
Basic allowance for housing outside the United States
(sec. 603)......................................... 671
Basic allowance for subsistence for reserves (sec.
604)............................................... 671
Subtitle B--Bonuses and Special Incentive Pays........... 671
Three-month extension of certain bonuses and special
pay authorities for reserve forces (sec. 611)...... 671
Three-month extension of certain bonuses and special
pay authorities for nurse officer candidates,
registered nurses, and nurse anesthetists (sec.
612)............................................... 672
Three-month extension of authorities relating to
payment of other bonuses and special pays (sec.
613)............................................... 672
Increased hazardous duty pay for aerial flight
crewmembers in certain pay grades (sec. 614)....... 672
Aviation career incentive pay and aviation officer
retention bonus (sec. 615)......................... 673
Diving duty special pay for divers having diving duty
as a nonprimary duty (sec. 616).................... 673
Hardship duty pay (sec. 617)......................... 673
Selective reenlistment bonus eligibility for Reserve
members performing active Guard and Reserve duty
(sec. 618)......................................... 673
Repeal of ten percent limitation on certain selective
reenlistment bonuses (sec. 619).................... 673
Increase in maximum amount authorized for Army
enlistment bonus (sec. 620)........................ 674
Equitable treatment of Reserves eligible for special
pay for duty subject to hostile fire or imminent
danger (sec. 621).................................. 674
Retention incentives initiative for critically short
military occupational specialites (sec. 622)....... 674
Subtitle C--Travel and Transportation Allowances......... 674
Payments for movements of household goods arranged by
members (sec. 631)................................. 674
Exception to maximum weight allowance for baggage and
household effects (sec. 632)....................... 675
Travel and transportation allowances for travel
performed by members in connection with rest and
recuperative leave from overseas stations (sec.
633)............................................... 675
Storage of baggage of certain dependents (sec. 634).. 675
Commercial travel of Reserves at Federal supply
schedule rates for attendance at inactive-duty
training assemblies (sec. 635)..................... 676
Subtitle D--Retired Pay, Survivor Benefits, and Related
Matters................................................ 676
Paid-up coverage under Survivor Benefit Plan (sec.
641)............................................... 676
Survivor Benefit Plan open enrollment period (sec.
642)............................................... 676
Effective date of court-required former spouse
survivor benefit plan coverage effectuated through
elections and deemed elections (sec. 643).......... 676
Presentation of a United States flag to members of
the Armed Forces upon retirement (sec. 644)........ 676
Recovery, care, and disposition of remains of
medically retired member who dies during
hospitalization that begins while on active duty
(sec. 645)......................................... 677
Revision to computation of retired pay for certain
members (sec. 646)................................. 677
Elimination of backlog of unpaid retired pay (sec.
647)............................................... 677
Subtitle E--Other Matters................................ 677
Definition of possessions of the United States for
pay and allowances purposes (sec. 651)............. 677
Accounting of advance payments (sec. 652)............ 678
Reimbursement of rental vehicle costs when motor
vehicle transported at government expense is late
(sec. 653)......................................... 678
Education loan repayment program for health
professions officers serving in Selected Reserve
(sec. 654)......................................... 678
Federal employees' compensation coverage for students
participating in certain officer candidate programs
(sec. 655)......................................... 678
Relationship of enlistment bonuses to eligibility to
receive Army college fund supplement under
Montgomery GI bill Educational Assistance Program
(sec. 656)......................................... 679
Authority to provide financial assistance for
education of certain defense dependents overseas
(sec. 657)......................................... 679
Clarifications concerning payments to certain persons
captured or interned by North Vietnam (sec. 658)... 679
Legislative Provisions not Adopted........................... 679
Voting rights of military personnel.................. 679
Title VII--Health Care Provisions................................ 680
Legislative Provisions Adopted............................... 680
Subtitle A--Health Care Services......................... 680
Dependents' dental program (sec. 701)................ 680
Expansion of dependent eligibility under retiree
dental program (sec. 702).......................... 680
Plan for redesign of military pharmacy system (sec.
703)............................................... 680
Transitional authority to provide continued health
care coverage for certain persons unaware of loss
of CHAMPUS eligibility (sec. 704).................. 681
Subtitle B--TRICARE Program..............................
Payment of claims for provision of health care under
the TRICARE program for which a third party may be
liable (sec. 711).................................. 681
TRICARE prime automatic enrollments and retiree
payment options (sec. 712)......................... 681
System for tracking data and measuring performance in
meeting TRICARE access standards (sec. 713)........ 682
Establishment of appeals process for claimcheck
denials (sec. 714)................................. 682
Reviews relating to accessibility of health care
under TRICARE (sec. 715)........................... 682
Subtitle C--Health-Care Services for Medicare-Eligible
Department of Defense Beneficiaries (secs. 721-724).... 683
Subtitle D--Other Changes to Existing Laws Regarding
Health Care Management................................. 684
Process for waiving informed consent requirement for
administration of certain drugs to members of Armed
Forces for purposes of a particular military
operation (sec. 731)............................... 684
Health benefits for abused dependents of members of
the armed forces (sec. 732)........................ 684
Provision of health care at military entrance
processing stations and elsewhere outside medical
treatment facilities (sec. 733).................... 684
Professional qualifications of physicians providing
military health care (sec. 734).................... 684
Subtitle E--Other Matters................................ 686
Enhanced Department of Defense organ and tissue donor
program (sec. 741)................................. 686
Authorization to establish a Level One Trauma
Training Center (sec. 742)......................... 686
Authority to establish center for study of post-
deployment health concerns of members of the armed
forces (sec. 743).................................. 686
Report on implementation of enrollment-based
capitation for funding for military medical
treatment facilities (sec. 744).................... 687
Joint Department of Defense and Department of
Veterans Affairs reports relating to
interdepartmental cooperation in the delivery of
medical care (sec. 745)............................ 687
Report on research and surveillance activities
regarding Lyme disease and other tick-borne
diseases (sec. 746)................................ 687
Legislative Provisions not Adopted........................... 688
Plan for provision of health care for military
retirees and their dependents comparable to health
care provided under TRICARE Prime.................. 688
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 688
Legislative Provisions Adopted............................... 688
Subtitle A--Amendments to General Contracting
Authorities, Procedures, and Limitations............... 688
Limitation on use of price preference upon
achievement of contract goal for small and
disadvantaged businesses (sec. 801)................ 688
Distribution of assistance under the procurement
technical assistance cooperative agreement program
(sec. 802)......................................... 688
Defense commercial pricing management improvement
(sec. 803)......................................... 688
Modification of senior executives covered by
limitation on allowability of compensation for
certain contractor personnel (sec. 804)............ 689
Separate determinations of exceptional waivers of
truth in negotiation requirements for prime
contracts and subcontracts (sec. 805).............. 689
Procurement of conventional ammunition (sec. 806).... 690
Para-aramid fibers and yarns (sec. 807).............. 690
Clarification of responsibility for submission of
information on prices previously charged for
property or services offered (sec. 808)............ 691
Amendments and study relating to procurement from
firms in industrial base for production of small
arms (sec. 809)....................................
Subtitle B--Other Matters................................ 691
Eligibility of involuntarily downgraded employee for
membership in an acquisition corps (sec. 811)...... 692
Time for submission of annual report relating to Buy
American Act (sec. 812)............................ 692
Procurement of travel services for official and
unofficial travel under one contract (sec. 813).... 692
Department of Defense purchases through other
agencies (sec. 814)................................ 692
Supervision of defense acquisition university
structure by Under Secretary of Defense for
Acquisition and Technology (sec. 815).............. 692
Pilot programs for testing program manager
performance of product support oversight
responsibilities for life cycle of acquisition
programs (sec. 816)................................ 693
Scope of protection of certain information from
disclosure (sec. 817).............................. 693
Plan for rapid transition from completion of small
business innovative research into defense
acquisition programs (sec. 818).................... 693
Five-year authority for the Secretary of the Navy to
exchange certain items (sec. 819).................. 693
Permanent authority for use of major test range and
test facility installations by commercial entities
(sec. 820)......................................... 694
Inventory exchange authorized for certain fuel
delivery contract (sec. 821)....................... 694
Legislative Provisions not Adopted........................... 694
Study on increase in micro-purchase threshold........ 694
Repeal of requirement for Director of Acquisition
Education, Training, and Career Development to be
within the Office of the Under Secretary of Defense
for Acquisition and Technology..................... 694
Title IX--Department of Defense Organization and Management...... 695
Legislative Provisions Adopted............................... 695
Subtitle A--Department of Defense Officers and
Organization........................................... 695
Reduction in number of Assistant Secretary of Defense
positions (sec. 901)............................... 695
Repeal of statutory requirement for position of
Assistant Secretary of Defense for Command,
Control, Communications and Intelligence (sec. 902) 695
Independent task force on transformation and
Department of Defense organization (sec. 903)...... 696
Authority to expand the National Defense University
(sec. 904)......................................... 696
Center for Hemispheric Defense Studies (sec. 905).... 696
Restructuring of administration of Fisher Houses
(sec. 906)......................................... 696
Management reform for research, development, test and
evaluation activities (sec. 907)................... 697
Subtitle B--Department of Defense Financial Management... 697
Improved accounting for defense contract services
(sec. 911)......................................... 697
Report on Department of Defense financial management
improvement plan (sec. 912)........................ 698
Study of feasibility of performance of Department of
Defense finance & accounting functions by private
sector sources or other Federal sources (sec. 913). 698
Limitation on reorganization and consolidation of
operating locations of the Defense Finance and
Accounting Service (sec. 914)...................... 698
Annual report on resources allocated to support and
mission activities (sec. 915)...................... 698
Subtitle C--Joint Warfighting Experimentation............ 699
Findings concerning joint warfighting experimentation
(sec. 921)......................................... 699
Sense of Congress concerning joint warfighting
experimentation (sec. 922)......................... 699
Reports on joint warfighting experimentation (sec.
923)............................................... 699
Subtitle D--Other Matters................................ 699
Further reductions in defense acquisition and support
workforce (sec. 931)............................... 699
Limitation on operation and support funds for the
Office of the Secretary of Defense (sec. 932)...... 700
Clarification and simplification of responsibilities
of inspectors general regarding whistleblower
protections (sec. 933)............................. 700
Repeal of requirement relating to assignment of
tactical airlift mission to reserve components
(sec. 934)......................................... 700
Consultation with Marine Corps on major decisions
directly concerning Marine Corps aviation (sec.
935)............................................... 701
Legislative Provisions not Adopted........................... 701
Revision to defense directive relating to management
headquarters and headquarters support activities... 701
Report on individuals employed in private sector who
provide services under contract for the Department
of Defense......................................... 701
Reduction in Department of Defense headquarters staff 701
Permanent requirement for quadrennial defense review. 702
To redesignate the position of Director of Defense
Research and Engineering, abolish the position of
Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs, and
transfer the duties of the latter position to the
former position.................................... 702
Military aviation accident investigations............ 702
Title X--General Provisions...................................... 703
Legislative Provisions Adopted............................... 703
Subtitle A--Financial Matters............................ 703
Transfer authority (sec. 1001)....................... 703
Incorporation of classified annex (sec. 1002)........ 703
Authorization of prior emergency supplemental
appropriations for fiscal year 1998 (sec. 1003).... 703
Authorization of appropriations for Bosnia
peacekeeping operations for fiscal year 1999 (sec.
1004).............................................. 703
Partnership for Peace information system management
(sec. 1005)........................................ 704
United States contribution to NATO common-funded
budgets in fiscal year 1999 (sec. 1006)............ 705
Liquidity of working-capital funds (sec. 1007)....... 705
Termination of authority to manage working-capital
funds and certain activities through the Defense
Business Operating Fund (sec. 1008)................ 705
Clarification of authority to retain recovered costs
of disposals in working-capital funds (sec. 1009).. 705
Crediting of amounts recovered from third parties for
loss or damage to personal property shipped or
stored at government expense (sec. 1010)........... 706
Subtitle B--Naval Vessels and Shipyards.................. 706
Revision to requirement for continued listing of two
Iowa-class battleships on the Naval Vessel Register
(sec. 1011)........................................ 706
Transfer of U.S.S. New Jersey (sec. 1012)............ 706
Homeporting of the U.S.S. Iowa in San Francisco,
California (sec. 1013)............................. 706
Sense of Congress concerning the naming of an LPD-17
vessel (sec. 1014)................................. 706
Reports on naval surface fire-support capabilities
(sec. 1015)........................................ 706
Long-term charter of three vessels in support of
submarine rescue, escort, and towing (sec. 1016)... 707
Transfer of obsolete Army tugboat (sec. 1017)........ 707
Subtitle C--Counter Drug Activities and Other Assistance
for Civilian Law Enforcement........................... 707
Program authority for Department of Defense support
to other agencies for counter-drug activities (sec.
1021).............................................. 711
Department of Defense support of National Guard drug
interdiction and counter-drug activities (sec.
1022).............................................. 712
Patrol Coastal Craft for Drug Interdiction by
Southern Command (sec. 1023)....................... 712
Subtitle D--Miscellaneous Report Requirements and Repeals 713
Repeal of unnecessary and obsolete reporting
provisions (sec. 1031)............................. 713
Report regarding use of tagging system to identify
hydrocarbon fuels used by Department of Defense
(sec. 1032)........................................ 713
Subtitle E--Armed Forces Retirement Home................. 713
Appointment of Director and Deputy Director of the
Naval Home (sec. 1041)............................. 713
Revision of inspection requirements relating to Armed
Forces Retirement Home (sec. 1042)................. 714
Clarification of land conveyance authority, Armed
Forces Retirement Home (sec. 1043)................. 714
Subtitle F--Matters Relating to Defense Property......... 714
Plan for improved demilitarization of excess and
surplus defense property (sec. 1051)............... 714
Transfer of F-4 Phantom II aircraft to foundation
(sec. 1052)........................................ 715
Subtitle G--Other Department of Defense Matters.......... 715
Pilot program on alternative notice of receipt of
legal process for garnishment of federal pay for
child support and alimony (sec. 1061).............. 715
Training of special operations forces with friendly
foreign forces (sec. 1062)......................... 715
Research grants competitively awarded to service
academies (sec. 1063).............................. 716
Department of Defense use of frequency spectrum (sec.
1064).............................................. 716
Department of Defense aviation accident
investigations (sec. 1065)......................... 716
Investigation of actions relating to 174th Fighter
Wing of New York Air National Guard (sec. 1066).... 717
Program to commemorate 50th anniversary of the Korean
War (sec. 1067).................................... 717
Designation of America's national maritime museum
(sec. 1068)........................................ 717
Technical and clerical amendments (sec. 1069)........ 718
Subtitle H--Other Matters................................ 718
Act constituting presidential approval of vessel war
risk insurance requested by the Secretary of
Defense (sec. 1071)................................ 718
Extension and reauthorization of Defense Production
Act of 1950 (sec. 1072)............................ 718
Requirement that burial flags furnished by the
Secretary of Veterans Affairs be wholly produced in
the United States (sec. 1073)...................... 718
Sense of Congress concerning tax treatment of
principal residence of members of armed forces
while away from home on active duty (sec. 1074).... 718
Clarification of State authority to tax compensation
paid to certain employees (sec. 1075).............. 719
Legislative Provisions not Adopted........................... 719
Outlay limitations................................... 719
Long-term charter contracts for acquisition of
auxiliary vessels for the Department of Defense.... 719
Sense of the Congress regarding the establishment of
a counter-drug center in Panama.................... 719
Assignment of members of armed forces to assist INS
and Customs Service................................ 720
Facilitation of operations at Edwards Air Force Base. 720
Operation, maintenance, and upgrade of Air Force
space launch facilities............................ 720
Southwest border fence............................... 720
Increase operations and maintenance for Army National
Guard/reduce amounts from revised economic
assumptions........................................ 721
Ship scrapping pilot program......................... 721
Report on inventory and control of military equipment 721
Report on reduction of infrastructure costs at Brooks
Air Force Base, Texas.............................. 721
Sense of the Senate regarding declassification of
classified information of the Department of Defense
and the Department of Energy....................... 722
Sense of the Senate regarding the August 1995
assassination attempt against President
Shevardnadze of Georgia............................ 722
Eliminating secret Senate holds...................... 722
Cooperation between the Department of the Army and
the Environmental Protection Agency in meeting the
Chemical Weapons Convention requirements........... 723
Title XI--Department of Defense Civilian Personnel............... 724
Legislative Provisions Adopted............................... 724
Defense Advanced Research Projects Agency
experimental personnel management program for
technical personnel (sec. 1101).................... 724
Maximum pay rate comparability for faculty members of
the United States Air Force Institute of Technology
(sec. 1102)........................................ 725
Authority for release to Coast Guard of drug test
results of civil service mariners of the Military
Sealift Command (sec. 1103)........................ 725
Limitations on back pay awards (sec. 1104)........... 725
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. 1105)......................... 725
Repeal of program providing preference for employment
of military spouses in military child care
facilities (sec. 1106)............................. 725
Observance of certain holidays at duty posts outside
the United States (sec. 1107)...................... 726
Random drug testing of Department of Defense
employees (sec. 1108).............................. 726
Department of Defense employee voluntary early
retirement authority (sec. 1109)................... 726
Legislative Provisions not Adopted........................... 726
Elimination of retained pay as basis for determining
locality-based adjustments......................... 726
Four-year extension of voluntary separation incentive
pay authority...................................... 726
Title XII--Matters Relating to Other Nations..................... 727
Legislative Provisions Adopted............................... 727
Subtitle A--United States Armed Forces in Bosnia and
Herzegovina............................................ 727
United States armed forces in Bosnia and Herzegovina
(secs. 1201-1205).................................. 727
Subtitle B--Matters Relating to Contingency Operations... 728
Report on involvement of Armed Forces in contingency
and ongoing operations (sec. 1211)................. 728
Submission of report on objectives of a contingency
operation with requests for funding for the
operation (sec. 1212).............................. 728
Subtitle C--Matters Relating to NATO and Europe.......... 729
Limitation on United States share of costs of NATO
expansion (sec. 1221).............................. 729
Report on military capabilities of an expanded NATO
alliance (sec. 1222)............................... 729
Reports on the development of the European security
and defense identity (sec. 1223)................... 730
Limitation on the assignment of United States forces
for certain United Nations purposes (sec. 1231).... 730
Kyoto Protocol to the United Nations Framework
Convention on Climate Change (sec. 1232)........... 731
Defense burdensharing (sec. 1233).................... 731
Transfer of excess UH-1 Huey and AH-1 Cobra
helicopters to foreign countries (sec. 1234)....... 732
Transfers of naval vessels to certain foreign
countries (sec. 1235).............................. 732
Repeal of the landmine moratorium (sec. 1236)........ 732
Application of authorities under the International
Emergency Economic Powers Act to communist Chinese
military companies (sec. 1237)..................... 732
Title XIII--Cooperative Threat Reduction With States of the
Former Soviet Union............................................ 733
Legislative Provisions Adopted............................... 733
Cooperative Threat Reduction (CTR) program (secs.
1301-1309)......................................... 733
Title XIV--Domestic Preparedness for Defense Against Weapons of
Mass Destruction............................................... 734
Legislative Provisions Adopted............................... 734
Defense against weapons of mass destruction (secs.
1401-1405)......................................... 734
Title XV--Matters Relating to Arms Control, Export Controls, and
Counterproliferation........................................... 737
Legislative Provisions Adopted............................... 737
Subtitle A--Arms Control Matters......................... 737
One-year extension of limitation on retirement or
dismantlement of strategic nuclear delivery systems
(sec. 1501)........................................ 737
Transmission of executive branch reports providing
Congress with classified summaries of arms control
developments (sec. 1502)........................... 737
Report on adequacy of emergency communications
capabilities between the United States and Russia
(sec. 1503)........................................ 737
Russian nonstrategic nuclear weapons (sec. 1504)..... 738
Subtitle B--Satellite Export Controls.................... 738
Satellite export controls (secs. 1511-1516).......... 738
Subtitle C--Other Export Control Matters................. 740
Authority for export control activities of the
Department of Defense (sec. 1521).................. 740
Release of export information by the Department of
Commerce to other agencies for the purpose of
national security assessment (sec. 1522)........... 741
Nuclear export reporting requirement (sec. 1523)..... 741
Execution of objection authority within the
Department of Defense (sec. 1524).................. 742
Subtitle D--Counterproliferation Matters................. 742
One-year............................................. 742
Sense of Congress on Nuclear Tests in South Asia
(sec. 1532)........................................ 742
Report on requirements for response to increased
missile threat in Asia-Pacific region (sec. 1533).. 743
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 743
Overview............................................. 743
Title XXI--Army.................................................. 764
Overview............................................. 764
Items of Special Interest................................... 765
Improvements of Military Family Housing, Army........ 765
Legislative Provisions Adopted............................... 765
Authorized Army construction and land acquisition
projects (sec. 2101)............................... 765
Family housing (sec. 2102)........................... 765
Improvements to military family housing units (sec.
2103).............................................. 765
Authorization of appropriations, Army (sec. 2104).... 765
Modification of authority to carry out fiscal year
1998 projects (sec. 2105).......................... 766
Title XXII--Navy................................................. 766
Overview............................................. 766
Items of Special Interest.................................... 766
Improvements of military family housing, Navy........ 766
Legislative Provisions Adopted............................... 766
Authorized Navy construction and land acquisition
projects (sec. 2201)............................... 766
Family housing (sec. 2202)........................... 767
Improvements to military family housing units (sec.
2203).............................................. 767
Authorization of appropriations, Navy (sec. 2204).... 767
Authorization to accept road construction project,
Marine Corps Base, Camp Lejeune, North Carolina
(sec. 2205)........................................ 767
Title XXIII--Air Force........................................... 767
Overview............................................. 767
Items of Special Interest.................................... 768
Improvements of military family housing, Air Force... 768
Legislative Provisions Adopted............................... 768
Authorized Air Force construction and land
acquisition projects (sec. 2301)................... 768
Family housing (sec. 2302)........................... 768
Improvements to military family housing units (sec.
2303).............................................. 768
Authorization of appropriations, Air Force (sec.
2304).............................................. 768
Title XXIV--Defense Agencies..................................... 769
Overview............................................. 769
Legislative Provisions Adopted............................... 769
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)................... 769
Improvements to military family housing units (sec.
2402).............................................. 770
Energy conservation projects (sec. 2403)............. 770
Authorization of appropriations, Defense Agencies
(sec. 2404)........................................ 770
Repeal of fiscal year 1997 authorization of
appropriations for certain military housing
improvement program (sec. 2405).................... 770
Modification of authority to carry out certain fiscal
year 1995 projects (sec. 2406)..................... 770
Modification of authority to carry out fiscal year
1990 project (sec. 2407)........................... 771
Title XXV--North Atlantic Treaty Organization Security Investment
Program........................................................ 771
Overview............................................. 771
Legislative Provisions Adopted............................... 771
Authorized North Atlantic Treaty Organization (NATO)
construction and land acquisition projects (sec.
2501).............................................. 771
Authorization of appropriations, NATO (sec. 2502).... 771
Title XXVI--Guard and Reserve Forces Facilities.................. 772
Overview............................................. 772
Legislative Provisions Adopted............................... 772
Authorized Guard and Reserve construction and land
acquisition projects (sec. 2601)................... 772
Modification of authority to carry out fiscal year
1998 project (sec. 2602)........................... 772
Legislative Provisions not Adopted........................... 773
National Guard Military Educational Facility, Fort
Bragg, North Carolina.............................. 773
Title XXVII--Expiration and Extension of Authorizations.......... 773
Legislative Provisions Adopted............................... 773
Expiration of authorizations and amounts required to
be specified by law (sec. 2701).................... 773
Extension of authorizations of certain fiscal year
1996 projects (sec. 2702).......................... 773
Extension of authorization of fiscal year 1995
project (sec. 2703)................................ 774
Effective date (sec. 2704)........................... 774
Legislative Provisions not Adopted........................... 774
Authorization of additional military construction and
military family housing projects................... 774
Title XXVIII--General Provisions................................. 774
Legislative Provisions Adopted............................... 774
Subtitle A--Military Construction and Military Family
Housing Changes........................................ 774
Architectural and engineering services and
construction design (sec. 2801).................... 774
Expansion of Army overseas family housing lease
authority (sec. 2802).............................. 775
Definition of ancillary supporting facilities under
the alternative authority for acquisition and
improvement of military housing (sec. 2803)........ 775
Purchase of build-to-lease family housing at Eielson
Air Force Base, Alaska (sec. 2804)................. 775
Report relating to improvement of housing for
unaccompanied members (sec. 2805).................. 775
Subtitle B--Real Property and Facilities Administration.. 776
Exceptions to real property transaction reporting
requirements for war and certain emergency and
other operations (sec. 2811)....................... 776
Restoration of Department of Defense lands used by
another federal agency (sec. 2812)................. 776
Outdoor recreation development on military
installations for disabled veterans, military
dependents with disabilities, and other persons
with disabilities (sec. 2813)...................... 777
Report on leasing and other alternative uses of non-
excess military property (sec. 2814)............... 777
Report on implementation of utility system conveyance
authority (sec. 2815).............................. 777
Subtitle C--Defense Base Closure and Realignment......... 778
Applicability of property disposal laws to leases at
installations to be closed or realigned under base
closure laws (sec. 2821)........................... 778
Elimination of waiver authority regarding prohibition
against certain conveyances of property at Naval
Station, Long Beach, California (sec. 2822)........ 778
Payment of stipulated penalties assessed under CERCLA
in connection with McClellan Air Force Base,
California (sec. 2823)............................. 778
Subtitle D--Land Conveyances............................. 779
Part I--Army Conveyances................................. 779
Modification of land conveyance, Army Reserve Center,
Youngstown, Ohio (sec. 2831)....................... 779
Release of interests in real property, former
Kennebec Arsenal, Augusta, Maine (sec. 2832)....... 779
Release waiver, or conveyance of interests in real
property, former Redstone Army Arsenal property,
Alabama (sec. 2833)................................ 779
Conveyance of utility systems, Lone Star Army
Ammunition Plant, Texas (sec. 2834)................ 780
Conveyance of water rights and related interests,
Rocky Mountain Arsenal, Colorado, for purposes of
acquisition of perpetual contracts for water (sec.
2835).............................................. 780
Land conveyance, Army Reserve Center, Massena, New
York (sec. 2836)................................... 780
Land conveyance, Army Reserve Center, Ogdensburg, New
York (sec. 2837)................................... 780
Land conveyance, Army Reserve Center, Jamestown, Ohio
(sec. 2838)........................................ 781
Land conveyance, Army Reserve Center, Peoria,
Illinois (sec. 2839)............................... 781
Land conveyance, Army Reserve Center, Bridgton, Maine
(sec. 2840)........................................ 781
Land conveyance, Fort Sheridan, Illinois (sec. 2841). 781
Land conveyance, Skaneateles, New York (sec. 2842)... 782
Land conveyance, Indiana Army Ammunition Plant,
Charlestown, Indiana (sec. 2843)................... 782
Land conveyance, Volunteer Army Ammunition Plant,
Chattanooga, Tennessee (sec. 2844)................. 783
Land conveyance, Stewart Army Sub-Post, New Windsor,
New York (sec. 2845)............................... 783
Part II--Navy Conveyances................................ 783
Conveyance of easement, Marine Corps Base, Camp
Pendleton, California (sec. 2851).................. 783
Land exchange, Naval Reserve Readiness Center,
Portland, Maine (sec. 2852)........................ 784
Land conveyance, Naval and Marine Corps Reserve
facility, Youngstown, Ohio (sec. 2853)............. 784
Land conveyance, Naval Air Reserve Center,
Minneapolis, Minnesota (sec. 2854)................. 784
Part III--Air Force Conveyances.......................... 785
Modification of land conveyance authority, Eglin Air
Force Base, Florida (sec. 2861).................... 785
Modification of land conveyance, Finley Air Force
Station, North Dakota (sec. 2862).................. 785
Land conveyance, Lake Charles Air Force Station,
Louisiana (sec. 2863).............................. 786
Land conveyance, Air Force Housing facility, La
Junta, Colorado (sec. 2864)........................ 786
Subtitle E--Other Matters................................ 786
Modification of authority relating to Department of
Defense laboratory revitalization demonstration
program (sec. 2871)................................ 786
Repeal of prohibition on joint use of Gray Army
Airfield, Fort Hood, Texas, with civil aviation
(sec. 2872)........................................ 786
Modification of demonstration project for purchase of
fire, security, police, public works, and utility
services from local government agencies (sec. 2873) 787
Designation of building containing Navy and Marine
Corps Reserve Center, Augusta, Georgia (sec. 2874). 787
Legislative Provisions Not Adopted........................... 787
Expansion of Arlington National Cemetery............. 787
Increase in thresholds for reporting requirements
relating to real property transactions............. 788
Beach replenishment, San Diego, California........... 788
Development of Ford Island, Hawaii................... 788
Repairs and stabilization measures at Walter Reed
Army Medical Center................................ 789
Modification of limitations on general authority
relating to base closures and realignments......... 789
Prohibition on closure of a base within four years
after a realignment of the base.................... 789
Sense of Congress on further rounds of base closures. 789
Title XXIX--Juniper Butte Range Withdrawal....................... 790
Legislative Provisions Adopted............................... 790
Juniper Butte Range withdrawal (secs. 2901-2919)..... 790
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 790
Title XXXI--Department of Energy National Security Programs...... 790
Overview............................................. 790
Legislative Provisions Adopted............................... 802
Subtitle A--National Security Programs Authorizations.... 802
Weapons activities (sec. 3101)....................... 802
Defense environmental restoration and waste
management (sec. 3102)............................. 804
Other defense activities (sec. 3103)................. 806
Defense nuclear waste disposal (sec. 3104)........... 808
Defense environmental management privatization (sec.
3105).............................................. 808
Subtitle B--Recurring General Provisions................. 809
Reprogramming (sec. 3121)............................ 809
Limits on general plant projects (sec. 3122)......... 809
Limits on construction projects (sec. 3123).......... 810
Fund transfer authority (sec. 3124).................. 810
Authority for conceptual and construction design
(sec. 3125)........................................ 810
Authority for emergency planning, design, and
construction activities (sec. 3126)................ 810
Funds available for all national security programs of
the Department of Energy (sec. 3127)............... 811
Availability of funds (sec. 3128).................... 811
Transfers of defense environmental management funds
(sec. 3129)........................................ 811
Subtitle C--Program Authorizations, Restrictions, and
Limitations............................................ 812
Permanent extension of funding prohibition relating
to international cooperative stockpile stewardship
(sec. 3131)........................................ 812
Support of ballistic missile defense activities of
the Department of Defense (sec. 3132).............. 812
Nonproliferation activities (sec. 3133).............. 812
Licensing of certain mixed oxide fuel fabrication and
irradiation facilities (sec. 3134)................. 813
Continuation of processing, treatment, and
disposition of legacy nuclear materials (sec. 3135) 813
Authority for Department of Energy federally funded
research and development centers to participate in
merit-based technology research and development
programs (sec. 3136)............................... 814
Activities of Department of Energy facilities (sec.
3137).............................................. 814
Hanford overhead and service center costs (sec. 3138) 815
Hanford waste tank cleanup program reforms (sec.
3139).............................................. 815
Hanford Health Information Network (sec. 3140)....... 816
Hazardous Materials Management and Emergency Response
training program (sec. 3141)....................... 816
Support for public education in the vicinity of Los
Alamos National Laboratory, New Mexico (sec. 3142). 816
Relocation of National Atomic Museum, Albuquerque,
New Mexico (sec. 3143)............................. 817
Tritium production (sec. 3144)....................... 817
Subtitle D--Other Matters................................ 818
Study and plan relating to worker and community
transition assistance (sec. 3151).................. 818
Extension of authority for appointment of certain
scientific, engineering, and technical personnel
(sec. 3152)........................................ 819
Requirement for plan to modify employment system used
by Department of Energy in defense environmental
management programs (sec. 3153).................... 819
Department of Energy nuclear materials couriers (sec.
3154).............................................. 819
Increase in maximum rate of pay for scientific,
engineering, and technical personnel responsible
for safety at defense nuclear facilities (sec.
3155).............................................. 820
Extension of authority of Department of Energy to pay
voluntary separation incentive payments (sec. 3156) 820
Repeal of fiscal year 1998 statement of policy on
stockpile stewardship program (sec. 3157).......... 820
Report on stockpile stewardship criteria (sec. 3158). 821
Panel to assess the reliability, safety, and security
of the United States nuclear stockpile (sec. 3159). 821
International cooperative information exchange (sec.
3160).............................................. 822
Protection against inadvertent release of restricted
data and formerly restricted data (sec. 3161)...... 822
Sense of Congress regarding treatment of Formerly
Utilized Sites Remedial Action Program under a non-
defense discretionary budget function (sec. 3162).. 823
Reports relating to tritium production (sec. 3163)... 823
Legislative Provisions not Adopted........................... 824
Sense of the Senate regarding memoranda of
understanding with the State of Oregon relating to
Hanford............................................ 825
Sense of Congress on funding requirements for the
nonproliferation science and technology activities
of the Department of Energy........................ 825
Title XXXII--Defense Nuclear Facilities Safety Board............. 826
Legislative Provisions Adopted............................... 826
Defense Nuclear Facilities Safety Board (sec. 3201).. 826
Title XXXIII--National Defense Stockpile......................... 826
Legislative Provisions Adopted............................... 826
Definitions (sec. 3301).............................. 826
Authorized uses of stockpile funds (sec. 3302)....... 826
Authority to dispose of certain materials in the
national defense stockpile (sec. 3303)............. 826
Use of stockpile funds for certain environmental
remediation, restoration, waste management, and
compliance activities (sec. 3304).................. 827
Title XXXIV--Naval Petroleum Reserves............................ 827
Legislative Provisions Adopted............................... 827
Definitions (sec. 3401).............................. 827
Authorization of appropriations (sec. 3402).......... 827
Disposal of Naval Petroleum Reserve Numbered 2 (sec.
3403).............................................. 827
Disposal of Naval Petroleum Reserve Numbered 3 (sec.
3404).............................................. 828
Disposal of Oil Shale Reserve Numbered 2 (sec. 3405). 828
Administration (sec. 3406)........................... 828
Legislative Provisions not Adopted........................... 828
Price requirement on price of certain petroleum
during fiscal year 1999............................ 828
Treatment of State of California claim regarding
Naval Petroleum Reserve numbered 1................. 828
Title XXXV--Panama Canal Commission.............................. 829
Legislative Provisions Adopted...............................
Short title; references to Panama Canal Act of 1979
(sec. 3501)........................................ 829
Authorization of expenditures (sec. 3502)............ 829
Purchase of vehicles (sec. 3503)..................... 829
Expenditures only in accordance with treaties (sec.
3504).............................................. 829
Donations to the Commission (sec. 3505).............. 830
Agreements for United States to provide post-transfer
administrative services for certain employee
benefits (sec. 3506)............................... 830
Sunset of United States overseas benefits just before
transfer (sec. 3507)............................... 830
Central Examining Office (sec. 3508)................. 830
Liability for vessel accidents (sec. 3509)........... 830
Panama Canal Board of Contract Appeals (sec. 3510)... 831
Restatement of requirement that Secretary of Defense
designee on Panama Canal Commission supervisory
board be a current officer of the Department of
Defense (sec. 3511)................................ 831
Technical amendments (sec. 3512)..................... 831
Legislative Provisions not Adopted........................... 832
Placement of United States citizens in positions with
the United States Government....................... 832
Title XXXVI--Maritime Administration............................. 832
Legislative Provisions Adopted............................... 832
Authorization of appropriations for fiscal year 1999
(sec. 3601)........................................ 832
Authority to convey National Defense Reserve Fleet
vessel (sec. 3602)................................. 832
Authority to convey certain National Defense Reserve
Fleet vessels (sec. 3603).......................... 832
Clearinghouse for maritime information (sec. 3604)... 832
Conveyance of NDRF vessel ex-USS Lorain County (sec.
3605).............................................. 833
Title XXXVII--Increased Monitoring of Products Made With Forced
Labor.......................................................... 833
Legislative Provisions Adopted............................... 833
Increased monitoring of products made with forced
labor (secs. 3701-3703)............................ 833
Title XXXVIII--Fair Trade in Automotive Parts.................... 833
Legislative Provisions Adopted............................... 833
Fair trade in automotive parts (secs. 3801-3805)..... 833
Title XXXIX--Radio Free Asia..................................... 834
Legislative Provisions Adopted............................... 834
Short title (sec. 3901).............................. 834
Authorization of appropriations for increased funding
for Radio Free Asia and Voice of America
broadcasting to China (sec. 3902).................. 834
Reporting requirement (sec. 3903).................... 834
Legislative Provisions not Adopted........................... 835
Findings............................................. 835
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-736
_______________________________________________________________________
STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999
_______
September 22, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Spence, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3616]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3616) 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, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999''.
(b) Findings.--Congress makes the following findings:
(1) Senator Strom Thurmond of South Carolina first
became a member of the Committee on Armed Services of
the United States Senate on January 19, 1959. Senator
Thurmond's continuous service on that committee covers
more than 75 percent of the period of the existence of
the committee, which was established immediately after
World War II, and more than 20 percent of the period of
the existence of military and naval affairs committees
of Congress, the original bodies of which were formed
in 1816.
(2) Senator Thurmond came to Congress and the
committee as a distinguished veteran of service,
including combat service, in the Armed Forces of the
United States.
(3) Senator Thurmond was commissioned as a reserve
second lieutenant of infantry in 1924. He served with
great distinction with the First Army in the European
Theater of Operations during World War II, landing in
Normandy in a glider with the 82nd Airborne Division on
D-Day. He was transferred to the Pacific Theater of
Operations at the end of the war in Europe and was
serving in the Philippines when Japan surrendered.
(4) Having reverted to Reserve status at the end of
World War II, Senator Thurmond was promoted to
brigadier general in the United States Army Reserve in
1954. He served as President of the Reserve Officers
Association beginning that same year and ending in
1955. Senator Thurmond was promoted to major general in
the United States Army Reserve in 1959. He transferred
to the Retired Reserve on January 1, 1965, after 36
years of commissioned service.
(5) The distinguished character of Senator
Thurmond's military service has been recognized by
awards of numerous decorations that include the Legion
of Merit, the Bronze Star medal with ``V'' device, the
Army Commendation Medal, the Belgian Cross of the Order
of the Crown, and the French Croix de Guerre.
(6) Senator Thurmond has served as chairman of the
Committee on Armed Services of the United States Senate
since 1995 and served as the ranking minority member of
the committee from 1993 to 1995. Senator Thurmond
concludes his service as chairman at the end of the One
Hundred Fifth Congress, but is to continue to serve the
committee as a member in successive Congresses.
(7) This Act is the fortieth annual authorization
bill for the Department of Defense for which Senator
Thurmond has taken a major responsibility as a member
of the Committee on Armed Services of the Senate.
(8) Senator Thurmond, as an Army officer and a
legislator, has made matchless contributions to the
national security of the United States that, in
duration and in quality, are unique.
(9) It is altogether fitting and proper that this
Act, the last annual authorization Act for the national
defense that Senator Thurmond manages in and for the
United States Senate as chairman of the Committee on
Armed Services, be named in his honor, as provided in
subsection (a).
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; findings.
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. Conditions for award of a second-source procurement contract
for the Family of Medium Tactical Vehicles.
Sec. 113. Armored system modernization.
Sec. 114. Reactive armor tiles.
Sec. 115. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Subtitle C--Navy Programs
Sec. 121. CVN-77 nuclear aircraft carrier program.
Sec. 122. Increase in amount authorized to be excluded from cost
limitation for Seawolf submarine program.
Sec. 123. Multiyear procurement authority for the Department of the
Navy.
Sec. 124. Annual GAO review of F/A-18E/F aircraft program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Sec. 132. C-130J aircraft program.
Subtitle E--Other Matters
Sec. 141. Chemical stockpile emergency preparedness program.
Sec. 142. Alternative technologies for destruction of assembled chemical
weapons.
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.
Sec. 214. Sense of Congress on the Defense Science and Technology
Program.
Sec. 215. Next Generation Internet Program.
Sec. 216. Crusader self-propelled artillery system program.
Sec. 217. Airborne Laser Program.
Sec. 218. Enhanced Global Positioning System program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Sense of Congress on National Missile Defense coverage.
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. Sense of Congress with respect to Ballistic Missile Defense
cooperation with Russia.
Sec. 235. Ballistic Missile Defense program elements.
Sec. 236. Restructuring of acquisition strategy for Theater High-
Altitude Area Defense (THAAD) system.
Subtitle D--Other Matters
Sec. 241. Extension of authority to carry out certain prototype
projects.
Sec. 242. NATO alliance ground surveillance concept definition.
Sec. 243. NATO common-funded Civil Budget.
Sec. 244. Executive agent for cooperative research program of the
Department of Defense and the Department of Veterans Affairs.
Sec. 245. Review of pharmacological interventions for reversing brain
injury.
Sec. 246. Pilot program for revitalizing the laboratories and test and
evaluation centers of the Department of Defense.
Sec. 247. Chemical warfare defense.
Sec. 248. Landmine alternatives.
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.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Refurbishment of M1-A1 tanks.
Sec. 312. Operation of prepositioned fleet, National Training Center,
Fort Irwin, California.
Sec. 313. Berthing space at Norfolk Naval Shipyard, Virginia.
Sec. 314. NATO common-funded military budget.
Subtitle C--Environmental Provisions
Sec. 321. Settlement of claims of foreign governments for environmental
cleanup of overseas sites formerly used by the Department of
Defense.
Sec. 322. Authority to pay negotiated settlement for environmental
cleanup of formerly used defense sites in Canada.
Sec. 323. Removal of underground storage tanks.
Sec. 324. Report regarding polychlorinated biphenyl waste under
Department of Defense control overseas.
Sec. 325. Modification of deadline for submittal to Congress of annual
reports on environmental activities.
Sec. 326. Submarine solid waste control.
Sec. 327. Arctic Military Environmental Cooperation Program.
Sec. 328. Sense of Congress regarding oil spill prevention training for
personnel on board Navy vessels.
Subtitle D--Information Technology Issues
Sec. 331. Additional information technology responsibilities of Chief
Information Officers.
Sec. 332. Defense-wide electronic mall system for supply purchases.
Sec. 333. Priority funding to ensure year 2000 compliance of information
technology and national security systems.
Sec. 334. Evaluation of year 2000 compliance as part of training
exercises programs.
Sec. 335. Continuity of essential operations at risk of failure because
of information technology and national security systems that
are not year 2000 compliant.
Subtitle E--Defense Infrastructure Support Improvement
Sec. 341. Clarification of definition of depot-level maintenance and
repair.
Sec. 342. Reporting and analysis requirements before change of
commercial and industrial type functions to private sector
performance.
Sec. 343. Notifications of determinations of military items as being
commercial items for purposes of the exception to requirements
regarding core logistics capabilities.
Sec. 344. Oversight of development and implementation of automated
identification technology.
Sec. 345. Contractor-operated civil engineering supply stores program.
Sec. 346. Conditions on expansion of functions performed under prime
vendor contracts for depot-level maintenance and repair.
Sec. 347. Best commercial inventory practices for management of
secondary supply items.
Sec. 348. Personnel reductions in Army Materiel Command.
Sec. 349. Inventory management of in-transit items.
Sec. 350. Review of Defense Automated Printing Service functions.
Sec. 351. Development of plan for establishment of core logistics
capabilities for maintenance and repair of C-17 aircraft.
Subtitle F--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 361. Continuation of management and funding of Defense Commissary
Agency through the Office of the Secretary of Defense.
Sec. 362. Expansion of current eligibility of Reserves for commissary
benefits.
Sec. 363. Costs payable to the Department of Defense and other Federal
agencies for services provided to the Defense Commissary
Agency.
Sec. 364. Collection of dishonored checks presented at commissary
stores.
Sec. 365. Restrictions on patron access to, and purchases in, overseas
commissaries and exchange stores.
Sec. 366. Repeal of requirement for Air Force to sell tobacco products
to enlisted personnel.
Sec. 367. Prohibition on consolidation or other organizational changes
of Department of Defense retail systems.
Sec. 368. Defense Commissary Agency telecommunications.
Sec. 369. Survey of commissary store patrons regarding satisfaction with
commissary store merchandise.
Subtitle G--Other Matters
Sec. 371. Eligibility requirements for attendance at Department of
Defense domestic dependent elementary and secondary schools.
Sec. 372. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 373. Department of Defense readiness reporting system.
Sec. 374. Specific emphasis of program to investigate fraud, waste, and
abuse within Department of Defense.
Sec. 375. Condition for providing financial assistance for support of
additional duties assigned to the Army National Guard.
Sec. 376. Demonstration program to improve quality of personal property
shipments of members.
Sec. 377. Pilot program for acceptance and use of landing fees charged
for use of domestic military airfields by civil aircraft.
Sec. 378. Strategic plan for expansion of distance learning initiatives.
Sec. 379. Public availability of operating agreements between military
installations and financial institutions.
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. Additional exemption from percentage limitation on number of
lieutenant generals and vice admirals.
Sec. 405. 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.
Sec. 406. Exception for Chief, National Guard Bureau, from limitation on
number of officers above major general.
Sec. 407. Limitation on daily average of personnel on active duty in
grades E-8 and E-9.
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.
Sec. 415. Consolidation of strength authorizations for active status
Naval Reserve flag officers of the Navy Medical Department
Staff Corps.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Codification of eligibility of retired officers and former
officers for consideration by special selection boards.
Sec. 502. Involuntary separation pay denied for officer discharged for
failure of selection for promotion requested by the officer.
Sec. 503. Streamlined selective retention process for regular officers.
Sec. 504. Permanent applicability of limitations on years of active
naval service of Navy limited duty officers in grades of
commander and captain.
Sec. 505. Tenure of Chief of the Air Force Nurse Corps.
Sec. 506. Grade of Air Force Assistant Surgeon General for Dental
Services.
Sec. 507. Review regarding allocation of Naval Reserve Officers'
Training Corps scholarships among participating colleges and
universities.
Subtitle B--Reserve Component Matters
Sec. 511. Use of Reserves for emergencies involving weapons of mass
destruction.
Sec. 512. Service required for retirement of National Guard officer in
higher grade.
Sec. 513. Reduced time-in-grade requirement for reserve general and flag
officers involuntarily transferred from active status.
Sec. 514. Active status service requirement for promotion consideration
for Army and Air Force reserve component brigadier generals.
Sec. 515. Composition of selective early retirement boards for rear
admirals of the Naval Reserve and major generals of the Marine
Corps Reserve.
Sec. 516. Authority for temporary waiver for certain Army Reserve
officers of baccalaureate degree requirement for promotion of
reserve officers.
Sec. 517. Furnishing of burial flags for deceased members and former
members of the Selected Reserve.
Subtitle C--Military Education and Training
Sec. 521. Separate housing for male and female recruits during recruit
basic training.
Sec. 522. After-hours privacy for recruits during basic training.
Sec. 523. Sense of the House of Representatives relating to small unit
assignments by gender during recruit basic training.
Sec. 524. Extension of reporting dates for Commission on Military
Training and Gender-Related Issues.
Sec. 525. 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
certain persons.
Sec. 533. Commendation and commemoration 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, other
nations, and indigenous groups 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.
Sec. 537. Prohibition on members of Armed Forces entering correctional
facilities to present decorations to persons who have
committed serious violent felonies.
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.
Sec. 545. Scope of correction of military records.
Subtitle F--Reports
Sec. 551. Report on personnel retention.
Sec. 552. Report on process for selection of members for service on
courts-martial.
Sec. 553. Report on prisoners transferred from United States
Disciplinary Barracks, Fort Leavenworth, Kansas, to Federal
Bureau of Prisons.
Sec. 554. Review and report regarding the distribution of National
Guard full-time support among the States.
Subtitle G--Other Matters
Sec. 561. Two-year extension of certain force drawdown transition
authorities relating to personnel management and benefits.
Sec. 562. Leave without pay for suspended academy cadets and midshipmen.
Sec. 563. Continued eligibility under Voluntary Separation Incentive
program for members who involuntarily lose membership in a
reserve component.
Sec. 564. Reinstatement of definition of financial institution in
authorities for reimbursement of defense personnel for
Government errors in direct deposit of pay.
Sec. 565. Increase in maximum amount for College Fund program.
Sec. 566. Central Identification Laboratory, Hawaii.
Sec. 567. Military funeral honors for veterans.
Sec. 568. Status in the Naval Reserve of cadets at the Merchant Marine
Academy.
Sec. 569. Repeal of restriction on civilian employment of enlisted
members.
Sec. 570. Transitional compensation for abused dependent children not
residing with the spouse or former spouse of a member
convicted of dependent abuse.
Sec. 571. Pilot program for treating GED and home school diploma
recipients as high school graduates for determinations of
eligibility for enlistment in the Armed Forces.
Sec. 572. Sense of Congress concerning New Parent Support Program and
military families.
Sec. 573. Advancement of Benjamin O. Davis, Junior, to grade of general
on the retired list of the Air Force.
Sec. 574. Sense of the House of Representatives concerning adherence by
civilians in military chain of command to the standard of
exemplary conduct required of commanding officers and others
in authority in the Armed Forces.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1999.
Sec. 602. Rate of pay for cadets and midshipmen at the service
academies.
Sec. 603. Basic allowance for housing outside the United States.
Sec. 604. Basic allowance for subsistence for reserves.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Three-month extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. Three-month extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses,
and nurse anesthetists.
Sec. 613. Three-month extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Increased hazardous duty pay for aerial flight crewmembers in
certain pay grades.
Sec. 615. Aviation career incentive pay and aviation officer retention
bonus.
Sec. 616. Diving duty special pay for divers having diving duty as a
nonprimary duty.
Sec. 617. Hardship duty pay.
Sec. 618. Selective reenlistment bonus eligibility for Reserve members
performing active Guard and Reserve duty.
Sec. 619. Repeal of ten percent limitation on certain selective
reenlistment bonuses.
Sec. 620. Increase in maximum amount authorized for Army enlistment
bonus.
Sec. 621. Equitable treatment of Reserves eligible for special pay for
duty subject to hostile fire or imminent danger.
Sec. 622. Retention incentives initiative for critically short military
occupational specialties.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payments for movements of household goods arranged by members.
Sec. 632. Exception to maximum weight allowance for baggage and
household effects.
Sec. 633. Travel and transportation allowances for travel performed by
members in connection with rest and recuperative leave from
overseas stations.
Sec. 634. Storage of baggage of certain dependents.
Sec. 635. Commercial travel of Reserves at Federal supply schedule rates
for attendance at inactive-duty training assemblies.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. Paid-up coverage under Survivor Benefit Plan.
Sec. 642. Survivor Benefit Plan open enrollment period.
Sec. 643. Effective date of court-required former spouse Survivor
Benefit Plan coverage effectuated through elections and deemed
elections.
Sec. 644. Presentation of United States flag to members of the Armed
Forces upon retirement.
Sec. 645. Recovery, care, and disposition of remains of medically
retired member who dies during hospitalization that begins
while on active duty.
Sec. 646. Revision to computation of retired pay for certain members.
Sec. 647. Elimination of backlog of unpaid retired pay.
Subtitle E--Other Matters
Sec. 651. Definition of possessions of the United States for pay and
allowances purposes.
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 health professions
officers serving in Selected Reserve.
Sec. 655. Federal employees' compensation coverage for students
participating in certain officer candidate programs.
Sec. 656. Relationship of enlistment bonuses to eligibility to receive
Army college fund supplement under Montgomery GI Bill
Educational Assistance Program.
Sec. 657. Authority to provide financial assistance for education of
certain defense dependents overseas.
Sec. 658. Clarifications concerning payments to certain persons captured
or interned by North Vietnam.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Dependents' dental program.
Sec. 702. Expansion of dependent eligibility under retiree dental
program.
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. TRICARE prime automatic enrollments and retiree payment
options.
Sec. 713. System for tracking data and measuring performance in meeting
TRICARE access standards.
Sec. 714. Establishment of appeals process for claimcheck denials.
Sec. 715. Reviews relating to accessibility of health care under
TRICARE.
Subtitle C--Health Care Services For Medicare-Eligible Department of
Defense Beneficiaries
Sec. 721. Demonstration project to include certain covered beneficiaries
within Federal Employees Health Benefits Program.
Sec. 722. TRICARE as Supplement to Medicare demonstration.
Sec. 723. Implementation of redesign of pharmacy system.
Sec. 724. Comprehensive evaluation of implementation of demonstration
projects and TRICARE pharmacy redesign.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Process for waiving informed consent requirement for
administration of certain drugs to members of Armed Forces for
purposes of a particular military operation.
Sec. 732. Health benefits for abused dependents of members of the Armed
Forces.
Sec. 733. Provision of health care at military entrance processing
stations and elsewhere outside medical treatment facilities.
Sec. 734. Professional qualifications of physicians providing military
health care.
Subtitle E--Other Matters
Sec. 741. Enhanced Department of Defense Organ and Tissue Donor program.
Sec. 742. Authorization to establish a Level 1 Trauma Training Center.
Sec. 743. Authority to establish center for study of post-deployment
health concerns of members of the Armed Forces.
Sec. 744. Report on implementation of enrollment-based capitation for
funding for military medical treatment facilities.
Sec. 745. Joint Department of Defense and Department of Veterans Affairs
reports relating to interdepartmental cooperation in the
delivery of medical care.
Sec. 746. Report on research and surveillance activities regarding Lyme
disease and other tick-borne diseases.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Limitation on use of price preference upon achievement of
contract goal for small and disadvantaged businesses.
Sec. 802. Distribution of assistance under the Procurement Technical
Assistance Cooperative Agreement Program.
Sec. 803. Defense commercial pricing management improvement.
Sec. 804. Modification of senior executives covered by limitation on
allowability of compensation for certain contractor personnel.
Sec. 805. Separate determinations of exceptional waivers of truth in
negotiation requirements for prime contracts and subcontracts.
Sec. 806. Procurement of conventional ammunition.
Sec. 807. Para-aramid fibers and yarns.
Sec. 808. Clarification of responsibility for submission of information
on prices previously charged for property or services offered.
Sec. 809. Amendments and study relating to procurement from firms in
industrial base for production of small arms.
Subtitle B--Other Matters
Sec. 811. Eligibility of involuntarily downgraded employee for
membership in an acquisition corps.
Sec. 812. Time for submission of annual report relating to Buy American
Act.
Sec. 813. Procurement of travel services for official and unofficial
travel under one contract.
Sec. 814. Department of Defense purchases through other agencies.
Sec. 815. Supervision of defense acquisition university structure by
Under Secretary of Defense for Acquisition and Technology.
Sec. 816. Pilot programs for testing program manager performance of
product support oversight responsibilities for life cycle of
acquisition programs.
Sec. 817. Scope of protection of certain information from disclosure.
Sec. 818. Plan for rapid transition from completion of small business
innovation research into defense acquisition programs.
Sec. 819. Five-year authority for Secretary of the Navy to exchange
certain items.
Sec. 820. Permanent authority for use of major range and test facility
installations by commercial entities.
Sec. 821. Inventory exchange authorized for certain fuel delivery
contract.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Officers and Organization
Sec. 901. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 902. Repeal of statutory requirement for position of Assistant
Secretary of Defense for Command, Control, Communications, and
Intelligence.
Sec. 903. Independent task force on transformation and Department of
Defense organization.
Sec. 904. Authority to expand the National Defense University.
Sec. 905. Center for Hemispheric Defense Studies.
Sec. 906. Restructuring of administration of Fisher Houses.
Sec. 907. Management reform for research, development, test, and
evaluation activities.
Subtitle B--Department of Defense Financial Management
Sec. 911. Improved accounting for defense contract services.
Sec. 912. Report on Department of Defense financial management
improvement plan.
Sec. 913. Study of feasibility of performance of Department of Defense
finance and accounting functions by private sector sources or
other Federal sources.
Sec. 914. Limitation on reorganization and consolidation of operating
locations of the Defense Finance and Accounting Service.
Sec. 915. Annual report on resources allocated to support and mission
activities.
Subtitle C--Joint Warfighting Experimentation
Sec. 921. Findings concerning joint warfighting experimentation.
Sec. 922. Sense of Congress concerning joint warfighting
experimentation.
Sec. 923. Reports on joint warfighting experimentation.
Subtitle D--Other Matters
Sec. 931. Further reductions in defense acquisition and support
workforce.
Sec. 932. Limitation on operation and support funds for the Office of
the Secretary of Defense.
Sec. 933. Clarification and simplification of responsibilities of
Inspectors General regarding whistleblower protections.
Sec. 934. Repeal of requirement relating to assignment of tactical
airlift mission to reserve components.
Sec. 935. Consultation with Marine Corps on major decisions directly
concerning Marine Corps aviation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of prior emergency supplemental appropriations
for fiscal year 1998.
Sec. 1004. Authorization of appropriations for Bosnia peacekeeping
operations for fiscal year 1999.
Sec. 1005. Partnership for Peace Information Management System.
Sec. 1006. United States contribution to NATO common-funded budgets in
fiscal year 1999.
Sec. 1007. Liquidity of working-capital funds.
Sec. 1008. Termination of authority to manage working-capital funds and
certain activities through the Defense Business Operations
Fund.
Sec. 1009. Clarification of authority to retain recovered costs of
disposals in working-capital funds.
Sec. 1010. Crediting of amounts recovered from third parties for loss or
damage to personal property shipped or stored at Government
expense.
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 U.S.S. NEW JERSEY.
Sec. 1013. Homeporting of the U.S.S. IOWA in San Francisco, California.
Sec. 1014. Sense of Congress concerning the naming of an LPD-17 vessel.
Sec. 1015. Reports on naval surface fire-support capabilities.
Sec. 1016. Long-term charter of three vessels in support of submarine
rescue, escort, and towing.
Sec. 1017. Transfer of obsolete Army tugboat.
Subtitle C--Counter Drug Activities and Other Assistance for Civilian
Law Enforcement
Sec. 1021. Department of Defense support to other agencies for counter-
drug activities.
Sec. 1022. Department of Defense support of National Guard drug
interdiction and counter-drug activities.
Sec. 1023. Department of Defense counter-drug activities in transit
zone.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Repeal of unnecessary and obsolete reporting provisions.
Sec. 1032. Report regarding use of tagging system to identify
hydrocarbon fuels used by Department of Defense.
Subtitle E--Armed Forces Retirement Home
Sec. 1041. Appointment of Director and Deputy Director of the Naval
Home.
Sec. 1042. Revision of inspection requirements relating to Armed Forces
Retirement Home.
Sec. 1043. Clarification of land conveyance authority, Armed Forces
Retirement Home.
Subtitle F--Matters Relating to Defense Property
Sec. 1051. Plan for improved demilitarization of excess and surplus
defense property.
Sec. 1052. Transfer of F-4 Phantom II aircraft to foundation.
Subtitle G--Other Department of Defense Matters
Sec. 1061. Pilot program on alternative notice of receipt of legal
process for garnishment of Federal pay for child support and
alimony.
Sec. 1062. Training of special operations forces with friendly foreign
forces.
Sec. 1063. Research grants competitively awarded to service academies.
Sec. 1064. Department of Defense use of frequency spectrum.
Sec. 1065. Department of Defense aviation accident investigations.
Sec. 1066. Investigation of actions relating to 174th Fighter Wing of
New York Air National Guard.
Sec. 1067. Program to commemorate 50th anniversary of the Korean War.
Sec. 1068. Designation of America's National Maritime Museum.
Sec. 1069. Technical and clerical amendments.
Subtitle H--Other Matters
Sec. 1071. Act constituting Presidential approval of vessel war risk
insurance requested by the Secretary of Defense.
Sec. 1072. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1073. Requirement that burial flags furnished by the Secretary of
Veterans Affairs be wholly produced in the United States.
Sec. 1074. Sense of Congress concerning tax treatment of principal
residence of members of Armed Forces while away from home on
active duty.
Sec. 1075. Clarification of State authority to tax compensation paid to
certain employees.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Defense Advanced Research Projects Agency experimental
personnel management program for technical personnel.
Sec. 1102. Maximum pay rate comparability for faculty members of the
United States Air Force Institute of Technology.
Sec. 1103. Authority for release to Coast Guard of drug test results of
civil service mariners of the Military Sealift Command.
Sec. 1104. Limitations on back pay awards.
Sec. 1105. 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. 1106. Repeal of program providing preference for employment of
military spouses in military child care facilities.
Sec. 1107. Observance of certain holidays at duty posts outside the
United States.
Sec. 1108. Continuation of random drug testing program for certain
Department of Defense employees.
Sec. 1109. Department of Defense employee voluntary early retirement
authority.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Presidential reports.
Sec. 1204. Secretary of Defense reports on operations in Bosnia and
Herzegovina.
Sec. 1205. Definitions.
Subtitle B--Matters Relating to Contingency Operations
Sec. 1211. Report on involvement of Armed Forces in contingency and
ongoing operations.
Sec. 1212. Submission of report on objectives of a contingency operation
with requests for funding for the operation.
Subtitle C--Matters Relating to NATO and Europe
Sec. 1221. Limitation on United States share of costs of NATO expansion.
Sec. 1222. Report on military capabilities of an expanded NATO alliance.
Sec. 1223. Reports on the development of the European security and
defense identity.
Subtitle D--Other Matters
Sec. 1231. Limitation on assignment of United States forces for certain
United Nations purposes.
Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto
Protocol to the United Nations Framework Convention on Climate
Change.
Sec. 1233. Defense burdensharing.
Sec. 1234. Transfer of excess UH-1 Huey and AH-1 Cobra helicopters to
foreign countries.
Sec. 1235. Transfers of naval vessels to certain foreign countries.
Sec. 1236. Repeal of landmine moratorium.
Sec. 1237. Application of authorities under the International Emergency
Economic Powers Act to Communist Chinese military companies.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE 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
activities in Russia.
Sec. 1305. Limitation on use of funds for biological weapons
proliferation prevention activities in Russia.
Sec. 1306. Cooperative counter proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by project
category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet weapons
of mass destruction programs.
TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of terrorist
use of weapons of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response capabilities for
terrorism involving weapons of mass destruction.
TITLE XV--MATTERS RELATING TO ARMS CONTROL, EXPORT CONTROLS, AND
COUNTERPROLIFERATION
Subtitle A--Arms Control Matters
Sec. 1501. One-year extension of limitation on retirement or
dismantlement of strategic nuclear delivery systems.
Sec. 1502. Transmission of executive branch reports providing Congress
with classified summaries of arms control developments.
Sec. 1503. Report on adequacy of emergency communications capabilities
between United States and Russia.
Sec. 1504. Russian nonstrategic nuclear weapons.
Subtitle B--Satellite Export Controls
Sec. 1511. Sense of Congress.
Sec. 1512. Certification of exports of missile equipment or technology
to China.
Sec. 1513. Satellite controls under the United States Munitions List.
Sec. 1514. National security controls on satellite export licensing.
Sec. 1515. Report on export of satellites for launch by People's
Republic of China.
Sec. 1516. Related items defined.
Subtitle C--Other Export Control Matters
Sec. 1521. Authority for export control activities of the Department of
Defense.
Sec. 1522. Release of export information by Department of Commerce to
other agencies for purpose of national security assessment.
Sec. 1523. Nuclear export reporting requirement.
Sec. 1524. Execution of objection authority within the Department of
Defense.
Subtitle D--Counterproliferation Matters
Sec. 1531. One-year extension of counterproliferation authorities for
support of United Nations Special Commission on Iraq.
Sec. 1532. Sense of Congress on nuclear tests in South Asia.
Sec. 1533. Report on requirements for response to increased missile
threat in Asia-Pacific region.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out fiscal year 1998
projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization 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. Repeal of fiscal year 1997 authorization of appropriations
for certain military housing improvement program.
Sec. 2406. Modification of authority to carry out certain fiscal year
1995 projects.
Sec. 2407. Modification of authority to carry out fiscal year 1990
project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998
project.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 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. Architectural and engineering services and construction
design.
Sec. 2802. Expansion of Army overseas family housing lease authority.
Sec. 2803. Definition of ancillary supporting facilities under
alternative authority for acquisition and improvement of
military housing.
Sec. 2804. Purchase of build-to-lease family housing at Eielson Air
Force Base, Alaska.
Sec. 2805. Report relating to improvement of housing for unaccompanied
members.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Exceptions to real property transaction reporting
requirements for war and certain emergency and other
operations.
Sec. 2812. Restoration of Department of Defense lands used by another
Federal agency.
Sec. 2813. Outdoor recreation development on military installations for
disabled veterans, military dependents with disabilities, and
other persons with disabilities.
Sec. 2814. Report on leasing and other alternative uses of non-excess
military property.
Sec. 2815. Report on implementation of utility system conveyance
authority.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Applicability of property disposal laws to leases at
installations to be closed or realigned under base closure
laws.
Sec. 2822. Elimination of waiver authority regarding prohibition against
certain conveyances of property at Naval Station, Long Beach,
California.
Sec. 2823. Payment of stipulated penalties assessed under CERCLA in
connection with McClellan Air Force Base, California.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Modification of land conveyance, Army Reserve Center,
Youngstown, Ohio.
Sec. 2832. Release of interests in real property, former Kennebec
Arsenal, Augusta, Maine.
Sec. 2833. Release, waiver, or conveyance of interests in real property,
former Redstone Army Arsenal property, Alabama.
Sec. 2834. Conveyance of utility systems, Lone Star Army Ammunition
Plant, Texas.
Sec. 2835. Conveyance of water rights and related interests, Rocky
Mountain Arsenal, Colorado, for purposes of acquisition of
perpetual contracts for water.
Sec. 2836. Land conveyance, Army Reserve Center, Massena, New York.
Sec. 2837. Land conveyance, Army Reserve Center, Ogdensburg, New York.
Sec. 2838. Land conveyance, Army Reserve Center, Jamestown, Ohio.
Sec. 2839. Land conveyance, Army Reserve Center, Peoria, Illinois.
Sec. 2840. Land conveyance, Army Reserve Center, Bridgton, Maine.
Sec. 2841. Land conveyance, Fort Sheridan, Illinois.
Sec. 2842. Land conveyance, Skaneateles, New York.
Sec. 2843. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2844. Land conveyance, Volunteer Army Ammunition Plant,
Chattanooga, Tennessee.
Sec. 2845. Land conveyance, Stewart Army Sub-Post, New Windsor, New
York.
Part II--Navy Conveyances
Sec. 2851. Conveyance of easement, Marine Corps Base, Camp Pendleton,
California.
Sec. 2852. Land exchange, Naval Reserve Readiness Center, Portland,
Maine.
Sec. 2853. Land conveyance, Naval and Marine Corps Reserve facility,
Youngstown, Ohio.
Sec. 2854. Land conveyance, Naval Air Reserve Center, Minneapolis,
Minnesota.
Part III--Air Force Conveyances
Sec. 2861. Modification of land conveyance, Eglin Air Force Base,
Florida.
Sec. 2862. Modification of land conveyance, Finley Air Force Station,
North Dakota.
Sec. 2863. Land conveyance, Lake Charles Air Force Station, Louisiana.
Sec. 2864. Land conveyance, Air Force Housing Facility, La Junta,
Colorado.
Subtitle E--Other Matters
Sec. 2871. Modification of authority relating to Department of Defense
Laboratory Revitalization Demonstration Program.
Sec. 2872. Repeal of prohibition on joint use of Gray Army Airfield,
Fort Hood, Texas, with civil aviation.
Sec. 2873. Modification of demonstration project for purchase of fire,
security, police, public works, and utility services from
local government agencies.
Sec. 2874. Designation of building containing Navy and Marine Corps
Reserve Center, Augusta, Georgia.
TITLE XXIX--JUNIPER BUTTE RANGE WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation.
Sec. 2903. Map and legal description.
Sec. 2904. Agency agreement.
Sec. 2905. Right-of-way grants.
Sec. 2906. Indian sacred sites.
Sec. 2907. Actions concerning ranching operations in withdrawn area.
Sec. 2908. Management of withdrawn and reserved lands.
Sec. 2909. Integrated natural resource management plan.
Sec. 2910. Memorandum of understanding.
Sec. 2911. Maintenance of roads.
Sec. 2912. Management of withdrawn and acquired mineral resources.
Sec. 2913. Hunting, fishing, and trapping.
Sec. 2914. Water rights.
Sec. 2915. Duration of withdrawal.
Sec. 2916. Environmental remediation of relinquished withdrawn lands or
upon termination of withdrawal.
Sec. 2917. Delegation of authority.
Sec. 2918. Hold harmless.
Sec. 2919. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Permanent extension of funding prohibition relating to
international cooperative stockpile stewardship.
Sec. 3132. Support of ballistic missile defense activities of the
Department of Defense.
Sec. 3133. Nonproliferation activities.
Sec. 3134. Licensing of certain mixed oxide fuel fabrication and
irradiation facilities.
Sec. 3135. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3136. Authority for Department of Energy federally funded research
and development centers to participate in merit-based
technology research and development programs.
Sec. 3137. Activities of Department of Energy facilities.
Sec. 3138. Hanford overhead and service center costs.
Sec. 3139. Hanford waste tank cleanup program reforms.
Sec. 3140. Hanford Health Information Network.
Sec. 3141. Hazardous materials management and emergency response
training program.
Sec. 3142. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3143. Relocation of National Atomic Museum, Albuquerque, New
Mexico.
Sec. 3144. Tritium production.
Subtitle D--Other Matters
Sec. 3151. Study and plan relating to worker and community transition
assistance.
Sec. 3152. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3153. Requirement for plan to modify employment system used by
Department of Energy in defense environmental management
programs.
Sec. 3154. Department of Energy nuclear materials couriers.
Sec. 3155. Increase in maximum rate of pay for scientific, engineering,
and technical personnel responsible for safety at defense
nuclear facilities.
Sec. 3156. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3157. Repeal of fiscal year 1998 statement of policy on stockpile
stewardship program.
Sec. 3158. Report on stockpile stewardship criteria.
Sec. 3159. Panel to assess the reliability, safety, and security of the
United States nuclear stockpile.
Sec. 3160. International cooperative information exchange.
Sec. 3161. Protection against inadvertent release of restricted data and
formerly restricted data.
Sec. 3162. Sense of Congress regarding treatment of Formerly Utilized
Sites Remedial Action Program under a nondefense discretionary
budget function.
Sec. 3163. Reports relating to tritium production.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National Defense
Stockpile.
Sec. 3304. Use of stockpile funds for certain environmental remediation,
restoration, waste management, and compliance activities.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Definitions.
Sec. 3402. Authorization of appropriations.
Sec. 3403. Disposal of Naval Petroleum Reserve Numbered 2.
Sec. 3404. Disposal of Naval Petroleum Reserve Numbered 3.
Sec. 3405. Disposal of Oil Shale Reserve Numbered 2.
Sec. 3406. 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. Agreements for United States to provide post-transfer
administrative services for certain employee benefits.
Sec. 3507. Sunset of United States overseas benefits just before
transfer.
Sec. 3508. Central examining office.
Sec. 3509. Liability for vessel accidents.
Sec. 3510. Panama Canal Board of Contract Appeals.
Sec. 3511. Restatement of requirement that Secretary of Defense designee
on Panama Canal Commission supervisory board be a current
officer of the Department of Defense.
Sec. 3512. Technical amendments.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1999.
Sec. 3602. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3603. Authority to convey certain National Defense Reserve Fleet
vessels.
Sec. 3604. Clearinghouse for maritime information.
Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY.
TITLE XXXVII--INCREASED MONITORING OF PRODUCTS MADE WITH FORCED LABOR
Sec. 3701. Authorization for additional customs personnel to monitor the
importation of products made with forced labor.
Sec. 3702. Reporting requirement on forced labor products destined for
the United States market.
Sec. 3703. Renegotiating memoranda of understanding on forced labor.
TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS
Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Re-establishment of initiative on automotive parts sales to
Japan.
Sec. 3804. Establishment of Special Advisory Committee on automotive
parts sales in Japanese and other Asian markets.
Sec. 3805. Expiration date.
TITLE XXXIX--RADIO FREE ASIA
Sec. 3901. Short title.
Sec. 3902. Authorization of appropriations for increased funding for
Radio Free Asia and Voice of America broadcasting to China.
Sec. 3903. Reporting requirement.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
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. Conditions for award of a second-source procurement contract
for the Family of Medium Tactical Vehicles.
Sec. 113. Armored system modernization.
Sec. 114. Reactive armor tiles.
Sec. 115. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Subtitle C--Navy Programs
Sec. 121. CVN-77 nuclear aircraft carrier program.
Sec. 122. Increase in amount authorized to be excluded from cost
limitation for Seawolf submarine program.
Sec. 123. Multiyear procurement authority for the Department of the
Navy.
Sec. 124. Annual GAO review of F/A-18E/F aircraft program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Sec. 132. C-130J aircraft program.
Subtitle E--Other Matters
Sec. 141. Chemical stockpile emergency preparedness program.
Sec. 142. Alternative technologies for destruction of assembled chemical
weapons.
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, $1,396,047,000.
(2) For missiles, $1,228,229,000.
(3) For weapons and tracked combat vehicles,
$1,507,551,000.
(4) For ammunition, $1,016,255,000.
(5) For other procurement, $3,344,932,000.
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, $7,642,200,000.
(2) For weapons, including missiles and torpedoes,
$1,223,903,000.
(3) For shipbuilding and conversion,
$6,033,480,000.
(4) For other procurement, $4,042,975,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for procurement for the
Marine Corps in the amount of $881,896,000.
(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 $463,339,000.
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, $8,350,617,000.
(2) For missiles, $2,210,640,000.
(3) For ammunition, $383,161,000.
(4) For other procurement, $6,950,372,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1999 for Defense-wide procurement in the amount of
$1,954,828,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1999 for procurement of aircraft, vehicles, communications
equipment, and other equipment for the reserve components of
the Armed Forces as follows:
(1) For the Army National Guard, $10,000,000.
(2) For the Air National Guard, $10,000,000.
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,000.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1999 for procurement for the Inspector General of the
Department of Defense in the amount of $1,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1999 the amount of $803,000,000 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. CONDITIONS FOR AWARD OF A SECOND-SOURCE PROCUREMENT CONTRACT
FOR THE FAMILY OF MEDIUM TACTICAL VEHICLES.
The Secretary of the Army may award a second-source
procurement contract for the production of the Family of Medium
Tactical Vehicles only after the Secretary certifies in writing
to the congressional defense committees--
(1) that the total quantity of vehicles within the
Family of Medium Tactical Vehicles program that the
Secretary will require to be delivered (under all
contracts) in any 12-month period will be sufficient to
enable the prime contractor to maintain a minimum
economic production level;
(2) that the total cost to the Army of the
procurements under the prime and second-source
contracts over the period of those contracts will be
the same as or lower than the amount that would be the
total cost of the procurements if only one such
contract were awarded; and
(3) that the vehicles to be produced under those
contracts will be produced with common components that
will be interchangeable among similarly configured
models.
SEC. 113. ARMORED SYSTEM MODERNIZATION.
(a) Funding.--Of the funds appropriated pursuant to the
authorization of appropriations in section 101(3) for M1 Abrams
Tank Modifications--
(1) $14,300,000 shall be obligated for procurements
associated with the M1A1D Applique Integration Program,
of which no more than $11,400,000 may be obligated
before the end of the 30-day period beginning on the
date on which the Secretary of the Army submits the
report required under subsection (b); and
(2) $6,000,000 shall be obligated to develop a M1A2
risk reduction program.
(b) Report.--(1) Not later than January 31, 1999, the
Secretary of the Army shall submit to the congressional defense
committees a report on Army armored system modernization
programs. The report shall include--
(A) an assessment of the current acquisition and
fielding strategy of the Army for the M1 Abrams Tank
and M2A3 Bradley Fighting Vehicle; and
(B) a description and assessment of alternatives to
that strategy, including an assessment of an
alternative fielding strategy that provides for placing
all of the armored vehicles configured in the latest
variant into one heavy corps.
(2) The assessment of each alternative acquisition and
fielding strategy under paragraph (1)(B) shall include the
following:
(A) The relative effects of that strategy on
warfighting capabilities in terms of operational
effectiveness and training and support efficiencies,
taking into consideration the joint warfighting
context.
(B) How that strategy would facilitate the
transition to the Future Scout and Cavalry System, the
Future Combat System, or other armored systems for the
future force structure known as the Army After Next.
(C) How that strategy fits into the context of
overall armored system modernization through 2020.
(D) Budgetary implications.
(E) Implications for the national technology and
industrial base.
(F) Innovative techniques and alternatives for
maintaining M1A2 System Enhancement Program production.
(3) The Secretary shall include in the report a draft of
any legislation that may be required to execute a given
alternative for M1A2 System Enhancement Program production.
(c) GAO Evaluation.--The Comptroller General shall review
the report of the Secretary of the Army under subsection (b)
and, not later than 30 days after the date on which that report
is submitted to the congressional defense committees, shall
submit to those committees a report providing the Comptroller
General's views on the conclusions of the Secretary of the Army
set forth in that report.
SEC. 114. REACTIVE ARMOR TILES.
(a) Limitation.--None of the funds authorized to be
appropriated under section 101(3) or 102(b) may be obligated
for the procurement of reactive armor tiles until 30 days after
the date on which the Secretary of Defense submits to the
congressional defense committees the matters specified in
subsection (d).
(b) Exception.--The limitation in subsection (a) does not
apply to the obligation of any funds for the procurement of
armor tiles for an armored vehicle for which the Secretary of
the Army or, in the case of the Marine Corps, the Secretary of
the Navy, had established a requirement for such tiles before
the date of the enactment of this Act.
(c) Study Required.--(1) The Secretary of Defense shall
contract with an entity independent of the Department of
Defense to conduct a study of the operational requirements of
the Army and the Marine Corps for reactive armor tiles for
armored vehicles and to submit to the Secretary a report on the
results of the study.
(2) The study shall include the following:
(A) A detailed assessment of the operational
requirements of the Army and the Marine Corps for
reactive armor tiles for each of the armored vehicles
presently in use, including the requirements for each
vehicle in its existing configurations and in
configurations proposed for the vehicle.
(B) For each armored vehicle, an analysis of the
costs and benefits of the procurement and installation
of the tiles, including a comparison of those costs and
benefits with the costs and benefits of any existing
upgrade program for the armored vehicle.
(3) The entity carrying out the study shall request the
views of the Secretary of the Army and the Secretary of the
Navy.
(d) Submission to Congressional Committees.--Not later than
April 1, 1999, the Secretary of Defense shall submit to the
congressional defense committees--
(1) the report on the study submitted to the
Secretary by the entity carrying out the study;
(2) the comments of the Secretary of the Army and
the Secretary of the Navy on the study; and
(3) for each vehicle for which there is a
requirement for reactive armor tiles, as indicated by
the results of the study, the Secretary's
recommendations as to the number of vehicles to be
equipped with such tiles.
SEC. 115. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102-
484; 10 U.S.C. 2501 note) is amended by striking out ``During
fiscal years 1993 through 1998'' and inserting in lieu thereof
``During fiscal years 1993 through 1999''.
Subtitle C--Navy Programs
SEC. 121. CVN-77 NUCLEAR AIRCRAFT CARRIER PROGRAM.
Of the amount authorized to be appropriated under section
102(a)(3) for fiscal year 1999, $124,500,000 is available for
the advance procurement and advance construction of components
(including nuclear components) for the CVN-77 nuclear aircraft
carrier program.
SEC. 122. INCREASE IN AMOUNT AUTHORIZED TO BE EXCLUDED FROM COST
LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
Section 123(a) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1650) is
amended by striking out ``$272,400,000'' and inserting in lieu
thereof ``$557,600,000''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 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.
SEC. 124. ANNUAL GAO REVIEW OF F/A-18E/F AIRCRAFT PROGRAM.
(a) Review and Report Required.--Not later than June 15 of
each year, the Comptroller General shall review the F/A-18E/F
aircraft program and submit to Congress a report on the results
of the review. The Comptroller General shall submit to Congress
with each such report a certification as to whether the
Comptroller General has had access to sufficient information to
make informed judgments on the matters covered by the report.
(b) Content of Report.--The report submitted on the program
each year shall include the following:
(1) The extent to which engineering and
manufacturing development and operational test and
evaluation under the program are meeting the goals
established for engineering and manufacturing
development and operational test and evaluation under
the program, including the performance, cost, and
schedule goals.
(2) The status of modifications expected to have a
significant effect on the cost or performance of the F/
A-18E/F aircraft.
(c) Duration of Requirement.--No report is required under
this section after the full-rate production contract is awarded
under the program.
(d) Requirement To Support Annual GAO Review.--The
Secretary of Defense and the prime contractors under theF/A-
18E/F program shall timely provide the Comptroller General with such
information on the program, including information on program
performance, as the Comptroller General considers necessary to carry
out this section.
Subtitle D--Air Force Programs
SEC. 131. F-22 AIRCRAFT PROGRAM.
(a) Limitation on Advance Procurement.--(1) Amounts
available for the Department of Defense for any fiscal year for
the F-22 aircraft program may not be obligated for advance
procurement for the six Lot II F-22 aircraft before the
applicable date under paragraph (2) or (3).
(2) The applicable date for the purposes of paragraph (1)
is the date on which the Secretary of Defense submits a
certification under subsection (b)(1) unless the Secretary
submits a report under subsection (b)(2).
(3) If the Secretary submits a report under subsection
(b)(2), the applicable date for the purposes of paragraph (1)
is the later of--
(A) the date on which the Secretary of Defense
submits the report; or
(B) the date on which the Director of Operational
Test and Evaluation submits the certification required
under subsection (c).
(b) Certification by Secretary of Defense.--(1) Upon the
completion of 433 hours of flight testing of F-22 flight test
vehicles, the Secretary of Defense shall submit to the
congressional defense committees a certification of the
completion of that amount of flight testing. A certification is
not required under this paragraph if the Secretary submits a
report under paragraph (2).
(2) If the Secretary determines that a number of hours of
flight testing of F-22 flight test vehicles less than 433 hours
provides the Defense Acquisition Board with a sufficient basis
for deciding to proceed into production of Lot II F-22
aircraft, the Secretary may submit a report to the
congressional defense committees upon the completion of that
lesser number of hours of flight testing. A report under this
paragraph shall contain the following:
(A) A certification of the number of hours of
flight testing completed.
(B) The reasons for the Secretary's determination
that the lesser number of hours is a sufficient basis
for a decision by the board.
(C) A discussion of the extent to which the
Secretary's determination is consistent with each
decision made by the Defense Acquisition Board since
January 1997 in the case of a major aircraft
acquisition program that the amount of flight testing
completed for the program was sufficient or not
sufficient to justify a decision to proceed into low-
rate initial production.
(D) A determination by the Secretary that it is
more financially advantageous for the Department to
proceed into production of Lot II F-22 aircraft than to
delay production until completion of 433 hours of
flight testing, together with the reasons for that
determination.
(c) Certification by the Director of Operational Test and
Evaluation.--Upon the completion of 183 hours of the flight
testing of F-22 flight test vehicles provided for in the test
and evaluation master plan for the F-22 aircraft program, as in
effect on October 1, 1997, the Director of Operational Test and
Evaluation shall submit to the congressional defense committees
a certification of the completion of that flight testing.
SEC. 132. C-130J AIRCRAFT PROGRAM.
Not later than March 1, 1999, the Secretary of Defense
shall review the C-130J aircraft program and submit a report on
the program to the congressional defense committees. The report
shall include at least the following:
(1) A discussion of the testing planned and the
testing conducted under the program, including--
(A) the testing schedule intended at the
beginning of the program;
(B) the testing schedule as of when the
testing commenced; and
(C) an explanation of the time taken for
the testing.
(2) The cost and schedule of the program,
including--
(A) whether the Department has exercised or
plans to exercise contract options for fiscal
years 1996, 1997, 1998, and 1999;
(B) when the Department expects the
aircraft to be delivered and how the delivery
dates compare to the delivery dates specified
in the contract;
(C) whether the Department expects to make
any modification to the negotiated contract
price for these aircraft, and the amount and
basis for any such modification; and
(D) whether the Department expects the
reported delays and overruns in the development
of the aircraft to have any other impact on the
cost, schedule, or performance of the aircraft.
Subtitle E--Other Matters
SEC. 141. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
(a) Assistance to State and Local Governments.--Section
1412 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 50 U.S.C. 1521), is amended by adding at
the end of subsection (c) the following:
``(4)(A) In coordination with the Secretary of the Army and
in accordance with agreements between the Secretary of the Army
and the Director of the Federal Emergency Management Agency,
the Director shall carry out a program to provide assistance to
State and local governments in developing capabilities to
respond to emergencies involving risks to the public health or
safety within their jurisdictions that are identified by the
Secretary as being risks resulting from--
``(i) the storage of lethal chemical agents and
munitions referred to in subsection (a) at military
installations in the continental United States; or
``(ii) the destruction of such agents and munitions
at facilities referred to in paragraph (1)(B).
``(B) No assistance may be provided under this paragraph
after the completion of the destruction of the United States'
stockpile of lethal chemical agents and munitions.
``(C) Not later than December 15 of each year, the Director
shall transmit a report to Congress on the activities carried
out under this paragraph during the fiscal year preceding the
fiscal year in which the report is submitted.''.
(b) Program Funding.--Section 1412(f) of such Act (51
U.S.C. 1521(f)) is amended--
(1) by striking out ``Identification of Funds.--
Funds'' and inserting in lieu thereof ``Identification
of Funds.--(1) Funds''; and
(2) by adding at the end the following new
paragraph:
``(2) Amounts appropriated to the Secretary for the purpose
of carrying out subsection (c)(4) shall be promptly made
available to the Director of the Federal Emergency Management
Agency.''.
(c) Periodic Reports.--Section 1412(g) of such Act (50
U.S.C. 1521(g)) is amended--
(1) in paragraph (2)(B)--
(A) by striking out ``and'' at the end of
clause (v);
(B) by striking out the period at the end
of clause (vi) and inserting in lieu thereof
``; and''; and
(C) by adding at the end the following new
clause:
``(vii) grants to State and local
governments to assist those governments in
carrying out functions relating to emergency
preparedness and response in accordance with
subsection (c)(3).'';
(2) by redesignating subparagraph (B) (as amended
by paragraph (1)) and subparagraph (C) of paragraph (2)
as subparagraphs (C) and (D), respectively; and
(3) by inserting after paragraph (2)(A) the
following new subparagraph (B):
``(B) A site-by-site description of actions taken
to assist State and local governments (either directly
or throughthe Federal Emergency Management Agency) in
carrying out functions relating to emergency preparedness and response
in accordance with subsection (c)(3).''.
SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF ASSEMBLED
CHEMICAL WEAPONS.
(a) Program Management.--The program manager for the
Assembled Chemical Weapons Assessment shall continue to manage
the development and testing (including demonstration and pilot-
scale testing) of technologies for the destruction of lethal
chemical munitions that are potential or demonstrated
alternatives to the baseline incineration program. In
performing such management, the program manager shall act
independently of the program manager for Chemical
Demilitarization and shall report to the Under Secretary of
Defense for Acquisition and Technology.
(b) Post-Demonstration Activities.--(1) The program manager
for the Assembled Chemical Weapons Assessment may carry out
those activities necessary to ensure that an alternative
technology for the destruction of lethal chemical munitions can
be implemented immediately after--
(A) the technology has been demonstrated to be
successful; and
(B) the Under Secretary of Defense for Acquisition
and Technology has submitted a report on the
demonstration to Congress that includes a decision to
proceed with the pilot-scale facility phase for an
alternative technology.
(2) To prepare for the immediate implementation of any such
technology, the program manager may, during fiscal years 1998
and 1999, take the following actions:
(A) Establish program requirements.
(B) Prepare procurement documentation.
(C) Develop environmental documentation.
(D) Identify and prepare to meet public outreach
and public participation requirements.
(E) Prepare to award a contract for the design,
construction, and operation of a pilot facility for the
technology to the provider team for the technology not
later than December 30, 1999.
(c) Independent Evaluation.--The Under Secretary of Defense
for Acquisition and Technology shall provide for an independent
evaluation of the cost and schedule of the Assembled Chemical
Weapons Assessment, which shall be performed and submitted to
the Under Secretary not later than September 30, 1999. The
evaluation shall be performed by a nongovernmental organization
qualified to make such an evaluation.
(d) Pilot Facilities Contracts.--(1) The Under Secretary of
Defense for Acquisition and Technology shall determine whether
to proceed with pilot-scale testing of a technology referred to
in paragraph (2) in time to award a contract for the design,
construction, and operation of a pilot facility for the
technology to the provider team for the technology not later
than December 30, 1999. If the Under Secretary determines to
proceed with such testing, the Under Secretary shall
(exercising the acquisition authority of the Secretary of
Defense) so award a contract not later than such date.
(2) Paragraph (1) applies to an alternative technology for
the destruction of lethal chemical munitions, other than
incineration, that the Under Secretary--
(A) certifies in writing to Congress is--
(i) as safe and cost effective for
disposing of assembled chemical munitions as is
incineration of such munitions; and
(ii) is capable of completing the
destruction of such munitions on or before the
later of the date by which the destruction of
the munitions would be completed if
incineration were used or the deadline date for
completing the destruction of the munitions
under the Chemical Weapons Convention; and
(B) determines as satisfying the Federal and State
environmental and safety laws that are applicable to
the use of the technology and to the design,
construction, and operation of a pilot facility for use
of the technology.
(3) The Under Secretary shall consult with the National
Research Council in making determinations and certifications
for the purpose of paragraph (2).
(4) In this subsection, the term ``Chemical Weapons
Convention'' means the Convention on the Prohibition of
Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction, opened for signature on
January 13, 1993, together with related annexes and associated
documents.
(e) 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).
(f) Funding.--(1) Of the amount authorized to be
appropriated under section 107, funds shall be available for
the program manager for the Assembled Chemical Weapons
Assessment for the following:
(A) Demonstrations of alternative technologies
under the Assembled Chemical Weapons Assessment.
(B) Planning and preparation to proceed from
demonstration of an alternative technology immediately
into the development of a pilot-scale facility for the
technology, including planning and preparation for--
(i) continued development of the technology
leading to deployment of the technology for
use;
(ii) satisfaction of requirements for
environmental permits;
(iii) demonstration, testing, and
evaluation;
(iv) initiation of actions to design a
pilot plant;
(v) provision of support at the field
office or depot level for deployment of the
technology for use; and
(vi) educational outreach to the public to
engender support for the deployment.
(C) The independent evaluation of cost and schedule
required under subsection (c).
(2) Funds authorized to be appropriated under section
107(1) are authorized to be used for awarding contracts in
accordance with subsection (d) and for taking any other action
authorized in this section.
(f) Assembled Chemical Weapons Assessment Defined.--In this
section, the term ``Assembled Chemical Weapons Assessment''
means the pilot program carried out under section 8065 of the
Department of Defense Appropriations Act, 1997 (section 101(b)
of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521
note).
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.
Sec. 214. Sense of Congress on the Defense Science and Technology
Program.
Sec. 215. Next Generation Internet Program.
Sec. 216. Crusader self-propelled artillery system program.
Sec. 217. Airborne Laser Program.
Sec. 218. Enhanced Global Positioning System program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Sense of Congress on National Missile Defense coverage.
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. Sense of Congress with respect to Ballistic Missile Defense
cooperation with Russia.
Sec. 235. Ballistic Missile Defense program elements.
Sec. 236. Restructuring of acquisition strategy for Theater High-
Altitude Area Defense (THAAD) system.
Subtitle D--Other Matters
Sec. 241. Extension of authority to carry out certain prototype
projects.
Sec. 242. NATO alliance ground surveillance concept definition.
Sec. 243. NATO common-funded Civil Budget.
Sec. 244. Executive agent for cooperative research program of the
Department of Defense and the Department of Veterans Affairs.
Sec. 245. Review of pharmacological interventions for reversing brain
injury.
Sec. 246. Pilot program for revitalizing the laboratories and test and
evaluation centers of the Department of Defense.
Sec. 247. Chemical warfare defense.
Sec. 248. Landmine alternatives.
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, $4,657,012,000.
(2) For the Navy, $8,305,011,000.
(3) For the Air Force, $13,918,728,000.
(4) For Defense-wide activities, $9,127,187,000, of
which--
(A) $249,106,000 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, $4,179,905,000 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 only for research,
development, test, evaluation, and incorporation 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.--Subsection
(d)(1) of section 2525 of title 10, United States Code, is
amended--
(1) by striking out ``(1) Competitive'' and
inserting in lieu thereof ``(1)(A) In accordance with
the policy stated in section 2374 of this title,
competitive''; 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.--
Subsection (d)(2) of such section 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.--Subsection (d) of such section 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.--Subsection (e)(2) of such section is amended to read as
follows:
``(2) The plan shall include the following:
``(A) An assessment of the effectiveness of the
program.
``(B) An assessment of the extent to which the
costs of projects are being shared by the following:
``(i) Commercial enterprises in the private
sector.
``(ii) Department of Defense program
offices, including weapon system program
offices.
``(iii) Departments and agencies of the
Federal Government outside the Department of
Defense.
``(iv) Institutions of higher education.
``(v) Other institutions not operated for
profit.
``(vi) Other sources.''.
SEC. 214. SENSE OF CONGRESS ON THE DEFENSE SCIENCE AND TECHNOLOGY
PROGRAM.
(a) Funding Requirements for the Defense Science and
Technology Program Budget.--It is the sense of Congress that,
for each of the fiscal years 2000 through 2008, it should be an
objective of the Secretary of Defense to increase the budget
for the Defense Science and Technology Program for the fiscal
year over the budget for that program for the preceding fiscal
year by a percent that is at least two percent above the rate
of inflation as determined by the Office of Management and
Budget.
(b) Guidelines for the Defense Science and Technology
Program.--
(1) Relationship of defense science and technology
program to university research.--It is the sense of
Congress that the following should be key objectives of
the Defense Science and Technology Program:
(A) The sustainment of research
capabilities in scientific and engineering
disciplines critical to the Department of
Defense.
(B) The education and training of the next
generation of scientists and engineers in
disciplines that are relevant to future defense
systems, particularly through the conduct of
basic research.
(C) The continued support of the Defense
Experimental Program to Stimulate Competitive
Research and research programs at historically
black colleges and universities and minority
institutions.
(2) Relationship of the defense science and
technology program to commercial research and
technology.--(A) It is the sense of Congress that, in
supporting projects within the Defense Science and
Technology Program, the Secretary of Defense should
attempt to leverage commercial research, technology,
products, and processes for the benefit of the
Department of Defense.
(B) It is the sense of Congress that funds made
available for projects and programs of the Defense
Science and Technology Program should be used only for
the benefit of the Department of Defense, which
includes--
(i) the development of technology that has
only military applications;
(ii) the development of militarily useful,
commercially viable technology; and
(iii) the adaptation of commercial
technology, products, or processes for military
purposes.
(3) Synergistic management of research and
development.--It is the sense of Congress that the
Secretary of Defense should have the flexibility to
allocate a combination of funds available for the
Department of Defense for basic and applied research
and for advanced development to support any individual
project or program within the Defense Science and
Technology Program, but such flexibility should not
change the allocation of funds in any fiscal year among
basic and applied research and advanced development.
(4) Management of science and technology.--It is
the sense of Congress that--
(A) management and funding for the Defense
Science and Technology Program for each
military department should receive a level of
priority and leadership attention equal to the
level received by program acquisition, and the
Secretary of each military department should
ensure that a senior official in the department
holds the appropriate title and responsibility
to ensure effective oversight and emphasis on
science and technology;
(B) to ensure an appropriate long-term
focus for investments, a sufficient percentage
of science and technology funds should be
directed toward new technology areas, and
annual reviews should be conducted for ongoing
research areas to ensure that those funded
initiatives are either integrated into
acquisition programs or discontinued when
appropriate;
(C) the Secretary of each military
department should take appropriate steps to
ensure that sufficient numbers of officers and
civilian employees in the department hold
advanced degrees in technical fields; and
(D) of particular concern, the Secretary of
the Air Force should take appropriate measures
to ensure that sufficient numbers of scientists
and engineers are maintained to address the
technological challenges faced in the areas of
air, space, and information technology.
(c) Study.--
(1) Requirement.--The Secretary of Defense, in
cooperation with the National Research Council of the
National Academy of Sciences, shall conduct a study on
the technology base of the Department of Defense.
(2) Matters covered.--The study shall--
(A) result in recommendations on the
minimum requirements for maintaining a
technology base that is sufficient, based on
both historical developments and future
projections, to project superiority in air and
space weapons systems and in information
technology;
(B) address the effects on national defense
and civilian aerospace industries and
information technology of reducing funding
below the goal described in subsection (a); and
(C) result in recommendations on the
appropriate levels of staff with baccalaureate,
masters, and doctorate degrees, and the optimal
ratio of civilian and military staff holding
such degrees, to ensure that science and
technology functions of the Department of
Defense remain vital.
(3) Report.--Not later than 120 days after the date
on which the study required under paragraph (1) is
completed, the Secretary shall submit to Congress a
report on the results of the study.
(d) Definitions.--In this section:
(1) The term ``Defense Science and Technology
Program'' means basic and applied research and advanced
development.
(2) The term ``basic and applied research'' means
work funded in program elements for defense research
and development under Department of Defense category
6.1 or 6.2.
(3) The term ``advanced development'' means work
funded in program elements for defense research and
development under Department of Defense category 6.3.
SEC. 215. NEXT GENERATION INTERNET PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated
under section 201(4), $53,000,000 shall be available for the
Next Generation Internet program.
(b) Limitation.--Notwithstanding the enactment of any other
provision of law after the date of the enactment of this Act,
amounts may be appropriated for fiscal year 1999 for research,
development, test, and evaluation by the Department of Defense
for the Next Generation Internet program only pursuant to the
authorization of appropriations under section 201(4).
SEC. 216. CRUSADER SELF-PROPELLED ARTILLERY SYSTEM PROGRAM.
(a) Limitation.--Of the amount authorized to be
appropriated for the Army pursuant to section 201(1), not more
than $223,000,000 may be obligated for the Crusader self-
propelled artillery system program until 30 days after the date
on which the Secretary of the Army submits the report required
under subsection (b).
(b) Requirement for Report.--The Secretary of the Army
shall submit to the congressional defense committees a report
on the Crusader self-propelled artillery system. The report
shall include the following:
(1) An assessment of the risks associated with the
current Crusader program technology.
(2) The total requirements for the Crusader system,
taking into consideration revisions in force structure
resulting from the redesign of heavy and light
divisions to achieve a force structure known as the
Army After Next.
(3) The potential for reducing the weight of the
Crusader system by as much as 50 percent.
(4) The potential for using alternative propellants
for the artillery projectile for the Crusader system
and the effects on the overall program schedule that
would result from taking the actions and time necessary
to develop mature technologies for alternative
propellants.
(5) An analysis of the costs and benefits of
delaying procurement of the Crusader system to avoid
affordability issues associated with the current
schedule and to allow for maturation of weight and
propellant technologies.
(c) Submission of Report.--The Secretary of the Army shall
submit the report not later than March 1, 1999.
SEC. 217. AIRBORNE LASER PROGRAM.
(a) Assessment of Technical and Operational Aspects.--The
Secretary of Defense shall conduct an assessment of the
technical and operational aspects of the Airborne Laser
Program. In conducting the assessment, the Secretary shall
establish an independent team of persons from outside the
Department of Defense who are experts in relevant fields to
review the technical and operational aspects of the Airborne
Laser Program. The team shall assess the following:
(1) Whether additional ground testing or other
forms of data collection should be completed before
initial modification of a commercial aircraft to an
Airborne Laser configuration.
(2) The adequacy of exit criteria for the program
definition and risk reduction phase of the Airborne
Laser Program.
(3) The adequacy of current Airborne Laser
operational concepts.
(b) Report on Assessment.--Not later than March 15, 1999,
the Secretary shall submit to Congress a report on the
assessment. The report shall include the Secretary's findings
and any recommendations that the Secretary considers
appropriate.
(c) Funding for Program.--Of the amount authorized to be
appropriated under section 201(3), $235,219,000 shall be
available for the Airborne Laser Program.
(d) Limitation.--Of the amount made available pursuant to
subsection (c), not more than $185,000,000 may be obligated
until 30 days after the Secretary submits the report required
by subsection (b).
SEC. 218. ENHANCED GLOBAL POSITIONING SYSTEM PROGRAM.
(a) Policy on Priority for Development of Enhanced GPS
System.--The development of an enhanced Global Positioning
System is an urgent national security priority.
(b) Development Required.--To fulfill the requirements
described in section 279(b) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 243) and section 2281 of title 10, United States Code,
the Secretary of Defense shall develop an enhanced Global
Positioning System in accordance with the priority declared in
subsection (a). The enhanced Global Positioning System shall
include the following elements:
(1) An evolved satellite system that includes
increased signal power and other improvements such as
regional-level directional signal enhancements.
(2) Enhanced receivers and user equipment that are
capable of providing military users with direct access
to encrypted Global Positioning System signals.
(3) To the extent funded by the Secretary of
Transportation, additional civil frequencies and other
enhancements for civil users.
(c) Sense of Congress Regarding Funding.--It is the sense
of Congress that--
(1) the Secretary of Defense should ensure that the
future-years defense program provides for sufficient
funding to develop and deploy an enhanced Global
Positioning System in accordance with the priority
declared in subsection (a); and
(2) the Secretary of Transportation should provide
sufficient funding to support additional civil
frequencies for the Global Positioning System and other
enhancements of the system for civil users.
(d) Plan for Development of Enhanced Global Positioning
System.--Not later than April 15, 1999, theSecretary of Defense
shall submit to Congress a plan for carrying out the requirements of
subsection (b).
(e) Delayed Effective Date for Limitation on Procurement of
Systems Not GPS-Equipped.--Section 152(b) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1578) is amended by striking out ``2000'' and
inserting in lieu thereof ``2005''.
(f) Funding From Authorized Appropriations for Fiscal Year
1999.--Of the amounts authorized to be appropriated under
section 201(3), $44,000,000 shall be available to establish and
carry out an enhanced Global Positioning System program.
Subtitle C--Ballistic Missile Defense
SEC. 231. SENSE OF CONGRESS ON NATIONAL MISSILE DEFENSE COVERAGE.
It is the sense of the 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
program 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 alternative programmatic and technical approaches to
meeting the requirement for mobile theater missile defense that
was 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. SENSE OF CONGRESS WITH RESPECT TO BALLISTIC MISSILE DEFENSE
COOPERATION WITH RUSSIA.
It is the sense of Congress that, as the United States
proceeds with efforts to develop defenses against ballistic
missile attack, the United States should seek to foster a
climate of cooperation with Russia on matters related to
ballistic missile defense and that, in particular, the United
States and its NATO allies should seek to cooperate with Russia
in such areas as early warning of ballistic missile launches.
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: program elements
``(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: program elements.''.
(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.
SEC. 236. RESTRUCTURING OF ACQUISITION STRATEGY FOR THEATER HIGH-
ALTITUDE AREA DEFENSE (THAAD) SYSTEM.
(a) Establishment of Competitive Contractor.--(1) The
Secretary of Defense shall take appropriate steps to implement
technical and price competition for the development and
production of the interceptor missile for the Theater High-
Altitude Area Defense (THAAD) system.
(2) The Secretary shall take such steps as necessary to
ensure that the prime contractor (as of the date of the
enactment of this Act) for the THAAD system provides the
cooperation needed to establish the technical and price
competition required in subsection (a).
(3) The Secretary shall use the authority provided in
section 2304(c)(2) of title 10, United States Code, to expedite
the implementation of paragraphs (1) and (2).
(4) Of the amount made available under section 201(4) for
the THAAD System, $29,600,000 shall be available to establish
the technical and price competition required in paragraph (1).
(b) Cost Sharing Arrangement.--(1) The Secretary of Defense
shall contractually establish with the THAAD interceptor prime
contractor an appropriate arrangement for sharing between the
United States and that contractor the costs for flight test
failures of the interceptor missile for the THAAD system
beginning with the flight test numbered 9.
(2) For purposes of paragraph (1), the term ``THAAD
interceptor prime contractor'' means the firm that as of May
14, 1998, is the prime contractor for the interceptor missile
for the Theater High-Altitude Area Defense system.
(c) Engineering and Manufacturing Development Phase for
Other Elements of the THAAD System.--The Secretary of Defense
may proceed with the milestone approval process for the
Engineering and Manufacturing Development phase for the Battle
Management and Command, Control, and Communications (BM/
C3) element of the THAAD system and for the Ground
Based Radar (GBR) element for that system without regard to the
stage of development of the interceptor missile for that
system.
(d) Plan for Contingency Capability.--(1) The Secretary of
Defense shall prepare a plan that would allow for deployment of
THAAD missiles and the other elements of the THAAD system
referred to in subsection (c) in response to theater ballistic
missile threats that evolve before United States military
forces are equipped with the objective configuration of those
missiles and elements.
(2) The Secretary shall submit a report on the plan to the
congressional defense committees by December 15, 1998.
(e) Limitation on Entering Engineering and Manufacturing
Development Phase.--(1) The Secretary of Defense may not
approve the commencement of the Engineering and Manufacturing
Development phase for the interceptor missile for the THAAD
system until there have been 3 successful tests of that
missile.
(2) For purposes of paragraph (1), a successful test of the
interceptor missile of the THAAD system is a body-to-body
intercept by that missile of a ballistic missile target.
Subtitle D--Other Matters
SEC. 241. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 845(c) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note)
is amended by striking out ``September 30, 1999'' and inserting
in lieu thereof ``September 30, 2001''.
SEC. 242. NATO ALLIANCE GROUND SURVEILLANCE CONCEPT DEFINITION.
Amounts authorized to be appropriated under section 201 are
available for a NATO alliance ground surveillance concept
definition that is based on the Joint Surveillance Target
Attack Radar System (Joint STARS) Radar Technology Insertion
Program (RTIP) sensor of the United States, as follows:
(1) Of the amount authorized to be appropriated
under section 201(1), $6,400,000.
(2) Of the amount authorized to be appropriated
under section 201(3), $3,500,000.
SEC. 243. NATO COMMON-FUNDED CIVIL BUDGET.
Of the amount authorized to be appropriated by section
201(1), $750,000 shall be available for contributions for the
common-funded Civil Budget of NATO.
SEC. 244. EXECUTIVE AGENT FOR COOPERATIVE RESEARCH PROGRAM OF THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF
VETERANS AFFAIRS.
The Secretary of Defense, acting through the Army Medical
Research and Materiel Command and the Naval Operational
Medicine Institute, shall be the executive agent for the use of
funds available from the amount authorized to be appropriated
by section 201(4) for the Cooperative Research Program of the
Department of Defense and the Department of Veterans Affairs.
SEC. 245. REVIEW OF PHARMACOLOGICAL INTERVENTIONS FOR REVERSING BRAIN
INJURY.
(a) Review and Report Required.--The Assistant Secretary of
Defense for Health Affairs shall review research on
pharmacological interventions for reversing brain injury and,
not later than March 31, 1999, submit a report on the results
of the review to Congress.
(b) Content of Report.--The report shall include the
following:
(1) The potential for pharmacological interventions
for reversing brain injury to reduce mortality and
morbidity in cases of head injuries incurred in combat
or resulting from exposures to chemical weapons or
agents.
(2) The potential utility of such interventions for
the Armed Forces.
(3) A conclusion regarding whether funding for
research on such interventions should be included in
the budget for the Department of Defense for fiscal
year 2000.
SEC. 246. PILOT PROGRAM FOR REVITALIZING THE LABORATORIES AND TEST AND
EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.
(a) Pilot Program.--(1) The Secretary of Defense may carry
out a pilot program to demonstrate improved cooperative
relationships with universities and other private sector
entities for the performance of research and development
functions.
(2) Under the pilot program, the Secretary of Defense shall
provide the director of one science and technology laboratory,
and the director of one test and evaluation center, of each
military department with authority for the following:
(A) To explore innovative methods for quickly,
efficiently, and fairly entering into cooperative
relationships with universities and other private
sector entities with respectto the performance of
research and development functions.
(B) To waive any restrictions on the demonstration
and implementation of such methods that are not
required by law.
(C) To develop or expand innovative methods of
operation that provide more defense research for each
dollar of cost, including to carry out such initiatives
as focusing on the performance of core functions and
adopting more business-like practices.
(3) In selecting the laboratories and centers for
participation in the pilot program, the Secretary shall
consider laboratories and centers where innovative management
techniques have been demonstrated, particularly as documented
under sections 1115 through 1119 of title 31, United States
Code, relating to Government agency performance and results.
(4) The Secretary may carry out the pilot program at each
selected laboratory and center for a period of three years
beginning not later than March 1, 1999.
(b) Reports.--(1) Not later than March 1, 1999, the
Secretary of Defense shall submit a report on the
implementation of the pilot program to Congress. The report
shall include the following:
(A) Each laboratory and center selected for the
pilot program.
(B) To the extent possible, a description of the
innovative concepts that are to be tested at each
laboratory or center.
(C) The criteria to be used for measuring the
success of each concept to be tested.
(2) Promptly after the expiration of the period for
participation of a laboratory or center in the pilot program,
the Secretary of Defense shall submit to Congress a final
report on the participation of the laboratory or center in the
pilot program. The report shall contain the following:
(A) A description of the concepts tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at the
laboratory or center under the pilot program.
(c) Commendation.--Congress commends the Secretary of
Defense for the progress made by the science and technology
laboratories and test and evaluation centers of the Department
of Defense and encourages the Secretary to take the actions
necessary to ensure continued progress for the laboratories and
test and evaluation centers in developing cooperative
relationships with universities and other private sector
entities for the performance of research and development
functions.
SEC. 247. CHEMICAL WARFARE DEFENSE.
(a) Review and Modification of Policies and Doctrines.--The
Secretary of Defense shall review the policies and doctrines of
the Department of Defense on chemical warfare defense and
modify the policies and doctrine as appropriate to achieve the
objectives set forth in subsection (b).
(b) Objectives.--The objectives for the modification of
policies and doctrines of the Department of Defense on chemical
warfare defense are as follows:
(1) To provide for adequate protection of personnel
from any exposure to a chemical warfare agent
(including chronic and low-level exposure to a chemical
warfare agent) that would endanger the health of
exposed personnel because of the deleterious effects
of--
(A) a single exposure to the agent;
(B) exposure to the agent concurrently with
other dangerous exposures, such as exposures
to--
(i) other potentially toxic
substances in the environment,
including pesticides, other insect and
vermin control agents, and
environmental pollutants;
(ii) low-grade nuclear and
electromagnetic radiation present in
the environment;
(iii) preventive medications (that
are dangerous when taken concurrently
with other dangerous exposures referred
to in this paragraph);
(iv) diesel fuel, jet fuel, and
other hydro-carbon based fuels; and
(v) occupational hazards, including
battlefield hazards; and
(C) repeated exposures to the agent, or
some combination of one or more exposures to
the agent and other dangerous exposures
referred to in subparagraph (B), over time.
(2) To provide for--
(A) the prevention of and protection
against, and the detection (including
confirmation) of, exposures to a chemical
warfare agent (whether intentional or
inadvertent) at levels that, even if not
sufficient to endanger health immediately, are
greater than the level that is recognized under
Department of Defense policies as being the
maximum safe level of exposure to that agent
for the general population; and
(B) the recording, reporting, coordinating,
and retaining of information on possible
exposures described in subparagraph (A),
including the monitoring of the health effects
of exposures on humans and animals,
environmental effects, and ecological effects,
and the documenting and reporting of those
effects specifically by location.
(3) To provide solutions for the concerns and
mission requirements that are specifically applicable
for one or more of the Armed Forces in a protracted
conflict when exposures to chemical agents could be
complex, dynamic, and occurring over an extended
period.
(c) Research Program.--The Secretary of Defense shall
develop and carry out a plan to establish a research program
for determining the effects of exposures to chemical warfare
agents of the type described in subsection (b). The research
shall be designed to yield results that can guide the Secretary
in the evolution of policy and doctrine on exposures to
chemical warfare agents and to develop new risk assessment
methods and instruments with respect to such exposures. The
plan shall state the objectives and scope of the program and
include a 5-year funding plan.
(d) Report.--Not later than May 1, 1999, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the results of the review under
subsection (a) and on the research program developed under
subsection (c). The report shall include the following:
(1) Each modification of chemical warfare defense
policy and doctrine resulting from the review.
(2) Any recommended legislation regarding chemical
warfare defense.
(3) The plan for the research program.
SEC. 248. LANDMINE ALTERNATIVES.
(a) Availability of Funds.--(1) Of the amounts authorized
to be appropriated in section 201, not more than $19,200,000
shall be available for activities relating to the
identification, adaptation, modification, research, and
development of existing and new technologies and concepts
that--
(A) would provide a combat capability that is
equivalent to the combat capability provided by non-
self destructing anti-personnel landmines;
(B) would provide a combat capability that is
equivalent to the combat capability provided by anti-
personnel submunitions used in mixed anti-tank mine
systems; or
(C) would provide a combat capability that is
equivalent to the combat capability provided by current
mixed mine systems.
(2) Of the amount available under paragraph (1)--
(A) not more than $17,200,000 shall be made
available for activities referred to in subparagraph
(A) of that paragraph for the current efforts of the
Army referred to as the Non-Self Destruct Alternative;
and
(B) not more than $2,000,000 shall be made
available for activities referred to in subparagraphs
(B) or (C) of that paragraph that relate to anti-
personnel submunitions used in mixed mine systems or an
alternative for mixed munitions.
(b) Funding for Research Into Alternatives to Anti-
Personnel Submunitions Used in Mixed Mine Systems or an
Alternative for Mixed Munitions.--The Secretary shall include
with the materials submitted to Congress with the budget for
fiscal year 2000 under section 1105 of title 31, United States
Code, an explanation of any funds requested to support a search
for existing and new technologies and concepts that could
provide a combat capability equivalent to the combat capability
provided by anti-personnel submunitions used in mixed mine
systems or an alternative to mixed munitions.
(c) Studies.--The Secretary of Defense shall enter into two
contracts, each with an appropriate scientific organization--
(1) to carry out a study on existing and new
technologies and concepts referred to in subsection
(a); and
(2) to submit to the Secretary a report on the
study, including any recommendations considered
appropriate by the scientific organization.
(d) Report.--Not later than April 1 of 2000 and 2001, the
Secretary shall submit to the congressional defense committees
a report describing the progress made in identifying
technologies and concepts referred to in subsection (a). At the
same time the report is submitted, the Secretary shall transmit
to such committees copies of the reports (and recommendations,
if any) received by the Secretary from the scientific
organizations that carried out the studies referred to in
subsection (c).
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.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Refurbishment of M1-A1 tanks.
Sec. 312. Operation of prepositioned fleet, National Training Center,
Fort Irwin, California.
Sec. 313. Berthing space at Norfolk Naval Shipyard, Virginia.
Sec. 314. NATO common-funded military budget.
Subtitle C--Environmental Provisions
Sec. 321. Settlement of claims of foreign governments for environmental
cleanup of overseas sites formerly used by the Department of
Defense.
Sec. 322. Authority to pay negotiated settlement for environmental
cleanup of formerly used defense sites in Canada.
Sec. 323. Removal of underground storage tanks.
Sec. 324. Report regarding polychlorinated biphenyl waste under
Department of Defense control overseas.
Sec. 325. Modification of deadline for submittal to Congress of annual
reports on environmental activities.
Sec. 326. Submarine solid waste control.
Sec. 327. Arctic Military Environmental Cooperation Program.
Sec. 328. Sense of Congress regarding oil spill prevention training for
personnel on board Navy vessels.
Subtitle D--Information Technology Issues
Sec. 331. Additional information technology responsibilities of Chief
Information Officers.
Sec. 332. Defense-wide electronic mall system for supply purchases.
Sec. 333. Priority funding to ensure year 2000 compliance of information
technology and national security systems.
Sec. 334. Evaluation of year 2000 compliance as part of training
exercises programs.
Sec. 335. Continuity of essential operations at risk of failure because
of information technology and national security systems that
are not year 2000 compliant.
Subtitle E--Defense Infrastructure Support Improvement
Sec. 341. Clarification of definition of depot-level maintenance and
repair.
Sec. 342. Reporting and analysis requirements before change of
commercial and industrial type functions to private sector
performance.
Sec. 343. Notifications of determinations of military items as being
commercial items for purposes of the exception to requirements
regarding core logistics capabilities.
Sec. 344. Oversight of development and implementation of automated
identification technology.
Sec. 345. Contractor-operated civil engineering supply stores program.
Sec. 346. Conditions on expansion of functions performed under prime
vendor contracts for depot-level maintenance and repair.
Sec. 347. Best commercial inventory practices for management of
secondary supply items.
Sec. 348. Personnel reductions in Army Materiel Command.
Sec. 349. Inventory management of in-transit items.
Sec. 350. Review of Defense Automated Printing Service functions.
Sec. 351. Development of plan for establishment of core logistics
capabilities for maintenance and repair of C-17 aircraft.
Subtitle F--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 361. Continuation of management and funding of Defense Commissary
Agency through the Office of the Secretary of Defense.
Sec. 362. Expansion of current eligibility of Reserves for commissary
benefits.
Sec. 363. Costs payable to the Department of Defense and other Federal
agencies for services provided to the Defense Commissary
Agency.
Sec. 364. Collection of dishonored checks presented at commissary
stores.
Sec. 365. Restrictions on patron access to, and purchases in, overseas
commissaries and exchange stores.
Sec. 366. Repeal of requirement for Air Force to sell tobacco products
to enlisted personnel.
Sec. 367. Prohibition on consolidation or other organizational changes
of Department of Defense retail systems.
Sec. 368. Defense Commissary Agency telecommunications.
Sec. 369. Survey of commissary store patrons regarding satisfaction with
commissary store merchandise.
Subtitle G--Other Matters
Sec. 371. Eligibility requirements for attendance at Department of
Defense domestic dependent elementary and secondary schools.
Sec. 372. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 373. Department of Defense readiness reporting system.
Sec. 374. Specific emphasis of program to investigate fraud, waste, and
abuse within Department of Defense.
Sec. 375. Condition for providing financial assistance for support of
additional duties assigned to the Army National Guard.
Sec. 376. Demonstration program to improve quality of personal property
shipments of members.
Sec. 377. Pilot program for acceptance and use of landing fees charged
for use of domestic military airfields by civil aircraft.
Sec. 378. Strategic plan for expansion of distance learning initiatives.
Sec. 379. Public availability of operating agreements between military
installations and financial institutions.
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, $17,002,563,000.
(2) For the Navy, $21,577,702,000.
(3) For the Marine Corps, $2,528,603,000.
(4) For the Air Force, $18,690,633,000.
(5) For Defense-wide activities, $10,550,076,000.
(6) For the Army Reserve, $1,198,022,000.
(7) For the Naval Reserve, $920,639,000.
(8) For the Marine Corps Reserve, $117,893,000.
(9) For the Air Force Reserve, $1,722,796,000.
(10) For the Army National Guard, $2,564,315,000.
(11) For the Air National Guard, $3,047,433,000.
(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,
$370,640,000.
(15) For Environmental Restoration, Navy,
$274,600,000.
(16) For Environmental Restoration, Air Force,
$372,100,000.
(17) For Environmental Restoration, Defense-wide,
$25,091,000.
(18) For Environmental Restoration, Formerly Used
Defense Sites, $195,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $50,000,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $725,582,000.
(21) For the Kaho'olawe Island Conveyance,
Remediation, and Environmental Restoration Trust Fund,
$15,000,000.
(22) For Defense Health Program, $9,617,435,000.
(23) For Cooperative Threat Reduction programs,
$440,400,000.
(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.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. 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. 312. 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. 313. BERTHING SPACE AT NORFOLK NAVAL SHIPYARD, VIRGINIA.
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
U.S.S. 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. 314. NATO COMMON-FUNDED MILITARY BUDGET.
Of the amount authorized to be appropriated pursuant to
section 301(1) for operation and maintenance for the Army,
$227,377,000 shall be available for contributions for the
common-funded Military Budget of the North Atlantic Treaty
Organization.
Subtitle C--Environmental Provisions
SEC. 321. SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR ENVIRONMENTAL
CLEANUP OF OVERSEAS SITES FORMERLY USED BY THE
DEPARTMENT OF DEFENSE.
(a) Notice of Negotiations.--The President shall notify
Congress before entering into any negotiations for the ex-
gratia settlement of the claims of a government of another
country against the United States for environmental cleanup of
sites in that country that were formerly used by the Department
of Defense.
(b) Authorization Required for Use of Funds for Payment of
Settlement.--No funds may be used for any payment under an ex-
gratia settlement of any claims described in subsection (a)
unless the use of the funds for that purpose is specifically
authorized by law or international agreement, including a
treaty.
SEC. 322. AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL
CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA.
(a) Findings.--Congress makes the following findings with
respect to the authorization of payment of settlement with
Canada in subsection (b) regarding environmental cleanup at
formerly used defense sites in Canada:
(1) A unique and longstanding national security
alliance exists between the United States and Canada.
(2) The sites covered by the settlement were
formerly used by the United States and Canada for their
mutual defense.
(3) There is no formal treaty or international
agreement between the United States and Canada
regarding the environmental cleanup of the sites.
(4) Environmental contamination at some of the
sites could pose a substantial risk to the health and
safety of the United States citizens residing in States
near the border between the United States and Canada.
(5) The United States and Canada reached a
negotiated agreement for an ex-gratia reimbursement of
Canada in full satisfaction of claims of Canada
relating to environmental contamination which agreement
was embodied in an exchange of Notes between the
Government of the United States and the Government of
Canada.
(6) There is a unique factual basis for authorizing
a reimbursement of Canada for environmental cleanup at
sites in Canada after the United States departure from
such sites.
(7) The basis for and authorization of such
reimbursement does not extend to similar claims by
other nations.
(8) The Government of Canada is committed to
spending the entire $100,000,000 of the reimbursement
authorized in subsection (b) in the United States,
which will benefit United States industry and United
States workers.
(b) Authority To Make Payments.--(1) Subject to subsection
(c), the Secretary of Defense may, using funds specified under
subsection (d), make a payment described in paragraph (2) for
each fiscal year through fiscal year 2008 for purposes of the
ex-gratia reimbursement of Canada in full satisfaction of any
and all claims asserted against the United States by Canada for
environmental cleanup of sites in Canada that were formerly
used for the mutual defense of the United States and Canada.
(2) A payment referred to in paragraph (1) is a payment of
$10,000,000, in constant fiscal year 1996 dollars, into the
Foreign Military Sales Trust Account for purposes of Canada.
(c) Condition on Authority for Subsequent Fiscal Years.--A
payment may be made under subsection (b) for a fiscal year
after fiscal year 1999 only if the Secretary of Defense submits
to Congress with the budget for such fiscal year under section
1105 of title 31, United States Code, evidence that the
cumulative amount expended by the Government of Canada for
environmental cleanup activities in Canada during any fiscal
years before such fiscal year in which a payment under that
subsection was authorized was an amount equal toor greater than
the aggregate amount of the payments under that subsection during such
fiscal years.
(d) Source of Funds.--(1) The payment under subsection (b)
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).
(2) The payment under subsection (b) for fiscal year 1999
shall be made from amounts appropriated pursuant to section
301(5).
(3) For a fiscal year after fiscal year 1999, a payment may
be made under subsection (b) from amounts appropriated pursuant
to the authorization of appropriations for the Department of
Defense for such fiscal year for Operation and Maintenance,
Defense-Wide.
SEC. 323. REMOVAL OF UNDERGROUND STORAGE TANKS.
The Secretary of the Army may use funds available pursuant
to the authorization of appropriations in section 301(18)
(relating to environmental restoration of formerly used defense
sites) for the removal of underground storage tanks to the
extent that, and in accordance with such criteria as, the
Secretary determines appropriate for the use of such funds.
SEC. 324. REPORT REGARDING POLYCHLORINATED BIPHENYL WASTE UNDER
DEPARTMENT OF DEFENSE CONTROL OVERSEAS.
(a) Report Required.--(1) Not later than March 1, 1999, the
Secretary of Defense shall submit to the committees specified
in paragraph (2) a report on the status of foreign-manufactured
polychlorinated biphenyl waste. The Secretary shall prepare the
report in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of State.
(2) The committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services and the
Committee on Environment and Public Works of the
Senate.
(B) The Committee on National Security, the
Committee on Commerce, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(b) Elements of Report.--The report under subsection (a)
shall include the following:
(1) The identity of each foreign country from which
the Secretary of Defense anticipates that the
Department of Defense will need to transport foreign-
manufactured polychlorinated biphenyl waste into the
customs territory of the United States.
(2) For each foreign country identified under
paragraph (1), an inventory of the type,
concentrations, and estimated quantity of foreign-
manufactured polychlorinated biphenyl waste involved,
the reasons why disposal of the polychlorinated
biphenyl waste in the foreign country is not available,
the identity of other locations or facilities where
disposal of the polychlorinated biphenyl waste in an
environmentally sound manner is available, and the
availability of alternative technologies and mobile
units for polychlorinated biphenyl waste treatment or
disposal.
(3) An accounting of all foreign-manufactured
polychlorinated biphenyl waste that exists as of the
date of the enactment of this Act and as of the date of
the report.
(4) An estimate of the volume of foreign-
manufactured polychlorinated biphenyl waste that is
likely to be generated annually in each of the next
five calendar years, and the basis for each such
estimate.
(5) A description of any hazards to human health or
the environment posed by foreign-manufactured
polychlorinated biphenyl waste.
(6) A description of any international or domestic
legal impediments that the Department has experienced
in disposing of foreign-manufactured polychlorinated
biphenyl waste in an environmentally sound manner.
(7) A description of any efforts undertaken by the
Department to seek relief from legal impediments to the
disposal of foreign-manufactured polychlorinated
biphenylwaste, including the relief available pursuant
to section 6(e) or 22 of the Toxic Substances Control Act (15 U.S.C.
2605(e), 2621).
(8) The identity of the possible disposal or
treatment facilities in the United States that would be
used if foreign-manufactured polychlorinated biphenyl
waste were transported into the customs territory of
the United States, and the method of disposal or
treatment at each such facility.
(9) A description of Department policy and practice
concerning procurement or purchase of foreign-
manufactured polychlorinated biphenyls or materials
containing foreign-manufactured polychlorinated
biphenyls.
(c) Recommendations.--The report shall also include such
recommendations as the Secretary of Defense, with the
concurrence of the Administrator of the Environmental
Protection Agency and the Secretary of State, considers
necessary regarding changes to United States law to allow for
the disposal, in an environmentally sound manner, of foreign-
manufactured polychlorinated biphenyl waste, together with a
statement of whether and how such changes would be consistent
with international law, including the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and
Their Disposal and the Protocol to the Convention on Long-Range
Transboundary Air Pollution on Persistent Organic Pollutants.
(d) Definitions.--In this section:
(1) The term ``polychlorinated biphenyl waste''
means--
(A) polychlorinated biphenyls; and
(B) materials containing polychlorinated
biphenyls;
that are ready for disposal.
(2) The term ``foreign-manufactured polychlorinated
biphenyl waste'' means polychlorinated biphenyl waste
that is owned by the Department of Defense and situated
outside of the United States and that consists of--
(A) polychlorinated biphenyls; or
(B) materials containing polychlorinated
biphenyls;
that were manufactured outside of the United States.
SEC. 325. MODIFICATION OF DEADLINE FOR SUBMITTAL TO CONGRESS OF ANNUAL
REPORTS ON ENVIRONMENTAL ACTIVITIES.
Section 2706 of title 10, United States Code, is amended by
striking out ``not later than 30 days'' each place it appears
in subsections (a), (b), (c), and (d) and inserting in lieu
thereof ``not later than 45 days''.
SEC. 326. SUBMARINE SOLID WASTE CONTROL.
(a) Solid Waste Discharge Requirements.--Subsection (c)(2)
of section 3 of the Act to Prevent Pollution from Ships (33
U.S.C. 1902) is amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iii) With regard to a submersible, non-plastic
garbage that has been compacted and weighted to ensure
negative buoyancy.''; and
(2) in subparagraph (B)(ii), by striking out
``subparagraph (A)(ii)'' and inserting in lieu thereof
``clauses (ii) and (iii) of subparagraph (A)''.
(b) Conforming Amendment.--Subsection (e)(3)(A) of that
section is amended by striking out ``garbage that contains more
than the minimum amount practicable of''.
SEC. 327. ARCTIC MILITARY ENVIRONMENTAL COOPERATION PROGRAM.
(a) Activities Under Program.--(1) Subject to paragraph
(2), activities under the Arctic Military Environmental
Cooperation Program of the Department of Defense shall include
cooperative activities on environmental matters in the Arctic
region with the military departments and agencies of other
countries, including the Russian Federation.
(2) Activities under the Arctic Military Environmental
Cooperation Program may not include any activities for purposes
for which funds for Cooperative Threat Reduction programs have
been denied or are prohibited, including the purposes for which
funds are prohibited by section 1503 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2732).
(b) Prior Notice to Congress of Obligation of Funds.--The
Secretary of Defense shall submit to the congressional defense
committees a report at least 15 days before the obligation of
any funds for the Arctic Military Environmental Cooperation
Program. Each such report shall specify--
(1) the amount of the proposed obligation;
(2) the activities for which the Secretary plans to
obligate such funds; and
(3) the terms of the implementing agreement between
the United States and the foreign government concerning
the activity to be undertaken, including the financial
and other responsibilities of each government.
(c) Availability of Fiscal Year 1999 Funds.--(1) Of the
amount authorized to be appropriated by section 301(5),
$4,000,000 shall be available for carrying out the Arctic
Military Environmental Cooperation Program.
(2) Amounts available for the Arctic Military Environmental
Cooperation Program under paragraph (1) may not be obligated or
expended for that Program until 45 days after the date on which
the Secretary of Defense submits to the congressional defense
committees a plan for the Program under paragraph (3).
(3) The plan for the Arctic Military Environmental
Cooperation Program under this paragraph shall include the
following:
(A) A statement of the overall goals and objectives
of the Program.
(B) A statement of the proposed activities under
the Program and the relationship of such activities to
the national security interests of the United States.
(C) An assessment of the compatibility of the
activities set forth under subparagraph (B) with the
purposes of the Cooperative Threat Reduction programs
of the Department of Defense (including with any
prohibitions and limitations applicable to such
programs).
(D) An estimate of the funding to be required and
requested in future fiscal years for the activities set
forth under subparagraph (B).
(E) A proposed termination date for the Program.
SEC. 328. SENSE OF CONGRESS REGARDING OIL SPILL PREVENTION TRAINING FOR
PERSONNEL ON BOARD NAVY VESSELS.
(a) Findings.--Congress makes the following findings:
(1) There have been six significant oil spills in
Puget Sound, Washington, in 1998, five at Puget Sound
Naval Shipyard (including three from the U.S.S. Kitty
Hawk, one from the U.S.S. Carl Vinson, and one from the
U.S.S. Sacramento) and one at Naval Station Everett
from the U.S.S. Paul F. Foster.
(2) Navy personnel on board vessels, and not
shipyard employees, were primarily responsible for a
majority of these oil spills at Puget Sound Naval
Shipyard.
(3) Oil spills have the potential to damage the
local environment, killing microscopic organisms,
contributing to air pollution, harming plants and
marine animals, and increasing overall pollution levels
in Puget Sound.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should take immediate action to
significantly reduce the risk of vessel oil spills, including
the minimization of fuel oil transfers, the assurance of proper
training and qualifications of all Naval personnel in
occupations that may contribute to or minimize the risk of
shipboard oil spills, and the improvement of liaison with local
authorities concerning oil spill prevention and response
activities.
Subtitle D--Information Technology Issues
SEC. 331. 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 of Chief Information
Officer of Department of Defense.--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),
the Chief Information Officer of the Department of Defense
shall--
``(1) review and provide recommendations to the
Secretary of Defense on Department of Defense budget
requests for information technology and national
security systems;
``(2) ensure the interoperability of information
technology and national security systems throughout the
Department of Defense;
``(3) ensure that information technology and
national security systems standards that will apply
throughout the Department of Defense are prescribed;
and
``(4) provide for the elimination of duplicate
information technology and national security systems
within and between the military departments and Defense
Agencies.
``(b) Additional Responsibilities of Chief Information
Officer of Military Departments.--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),
the Chief Information Officer of a military department, with
respect to the military department concerned, shall--
``(1) review budget requests for all information
technology and national security systems;
``(2) ensure that information technology and
national security systems are in compliance with
standards of the Government and the Department of
Defense;
``(3) 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; and
``(4) coordinate with the Joint Staff with respect
to information technology and national security
systems.
``(c) 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. 332. DEFENSE-WIDE ELECTRONIC MALL SYSTEM FOR SUPPLY PURCHASES.
(a) Electronic Mall System Defined.--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.--(1) Using systems and
technology available in the Department of Defense as of the
date of the enactment of this Act, the Joint Electronic
Commerce Program Office of the Department of Defense shall
develop a single, defense-wide electronic mall system, which
shall provide a single, defense-wide electronic point of entry
and a single view, access, and ordering capability for all
Department of Defense electronic catalogs. The Secretary of
each military department and the head of each Defense Agency
shall provide to the Joint Electronic Commerce Program Office
thenecessary and requested data to ensure compliance with this
paragraph.
(2) The Defense Logistics Agency, under the direction of
the Joint Electronic Commerce Program Office, shall be
responsible for maintaining the defense-wide electronic mall
system developed under paragraph (1).
(c) Role of Chief Information Officer.--The Chief
Information Officer of the Department of Defense shall be
responsible for--
(1) overseeing the elimination of duplication and
overlap among Department of Defense electronic
catalogs; and
(2) ensuring that such catalogs utilize
technologies and formats compliant with the
requirements of subsection (b).
(d) Implementation.--Within 180 days after the date of the
enactment of this Act, the Chief Information Officer shall
develop and provide to the congressional defense committees--
(1) an inventory of all existing and planned
electronic mall systems in the Department of Defense;
and
(2) a schedule for ensuring that each such system
is compliant with the requirements of subsection (b).
SEC. 333. PRIORITY FUNDING TO ENSURE YEAR 2000 COMPLIANCE OF
INFORMATION TECHNOLOGY AND NATIONAL SECURITY
SYSTEMS.
(a) Funds for Completion of Year 2000 Conversion.--None of
the funds authorized to be appropriated pursuant to this Act
may (except as provided in subsection (b)) be obligated or
expended on the development or modernization of any information
technology or national security system of the Department of
Defense in use by the Department of Defense (whether or not the
system is a mission critical system) if the date-related data
processing capability of that system does not meet
certification level 1a, 1b, or 2 (as prescribed in the April
1997 publication of the Department of Defense entitled ``Year
2000 Management Plan'').
(b) Exception for Certain Information Technology and
National Security Systems.--The limitation in subsection (a)
does not apply to an obligation or expenditure for an
information technology or national security system that is
reported to the Office of the Secretary of Defense by October
1, 1998, in accordance with the preparation instructions for
the May 1998 Department of Defense quarterly report on the
status of year 2000 compliance, if--
(1) the obligation or expenditure is directly
related to ensuring that the reported system achieves
year 2000 compliance;
(2) the system is being developed and fielded to
replace, before January 1, 2000, a noncompliant system
or a system to be terminated in accordance with the May
1998 Department of Defense quarterly report on the
status of year 2000 compliance; or
(3) the obligation or expenditure is required for a
particular change that is specifically required by law
or that is specifically directed by the Secretary of
Defense.
(c) Unallocated Reductions of Funds Not To Apply to Mission
Critical Systems.--Funds authorized to be appropriated pursuant
to this Act for mission critical systems are not subject to any
unallocated reduction of funds made by or otherwise applicable
to funds authorized to be appropriated pursuant to this Act.
(d) Current Services Operations Not Affected.--Subsection
(a) does not prohibit the obligation or expenditure of funds
for current services operations of information technology and
national security systems.
(e) Waiver Authority.--The Secretary of Defense may waive
subsection (a) on a case-by-case basis with respect to an
information technology or national security system if the
Secretary provides the congressional defense committees with
written notice of the waiver, including the reasons for the
waiver and a timeline for the testing and certification of the
system as year 2000 compliant.
(f) Required Report.--(1) Not later than December 1, 1998,
the Secretary of Defense shall submit to the congressional
defense committees a report describing--
(A) an executable strategy to be used throughout
the Department of Defense to test information
technology and national security systems for year 2000
compliance (to include functional capability tests and
military exercises);
(B) the plans of the Department of Defense for
ensuring that adequate resources (such as testing
facilities, tools, and personnel) are available to
ensure that all mission critical systems achieve year
2000 compliance; and
(C) the criteria and process to be used to certify
a system as year 2000 compliant.
(2) The report shall also include--
(A) an updated list of all mission critical
systems; and
(B) guidelines for developing contingency plans for
the functioning of each information technology or
national security system in the event of a year 2000
problem in any such system.
(g) Capability Contingency Plans.--Not later than December
30, 1998, the Secretary of Defense shall have in place
contingency plans to ensure continuity of operations for every
critical mission or function of the Department of Defense that
is dependent on an information technology or national security
system.
(h) Inspector General Evaluation.--The Inspector General of
the Department of Defense shall selectively audit information
technology and national security systems certified as year 2000
compliant to evaluate the ability of systems to successfully
operate during the actual year 2000, including the ability of
the systems to access and transmit information from point of
origin to point of termination.
(i) Definitions.--For purposes of 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 such Act (40
U.S.C. 1452).
(3) The term ``development or modernization'' has
the meaning given that term in paragraph E of section
180203 of the Department of Defense Financial
Management Regulation (DOD 7000.14-R), but does not
include any matter covered by subparagraph 3 of that
paragraph.
(4) The term ``current services'' has the meaning
given that term in paragraph C of section 180203 of the
Department of Defense Financial Management Regulation
(DOD 7000.14-R).
(5) The term ``mission critical system'' means an
information technology or national security system that
is designated as mission critical in the May 1998
Department of Defense quarterly report on the status of
year 2000 compliance.
SEC. 334. 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 plan
for the execution of a simulated year 2000 as part of military
exercises described in subsection (c) in order to evaluate, in
an operational environment, the extent to which information
technology and national security systems involved in those
exercises will successfully operate during the actual year
2000, including the ability of those systems to access and
transmit information from point of origin to point of
termination.
(b) Evaluation of Compliance in Selected Exercises.--In
conducting the military exercises described in subsection (c),
the Secretary of Defense shall ensure that--
(1) at least 25 of those exercises (referred to in
this section as ``year 2000 simulation exercises'') are
conducted so as to include a simulated year 2000 in
accordance with the plan submitted under subsection
(a);
(2) at least two of those exercises are conducted
by the commander of each unified or specified combatant
command; and
(3) all mission critical systems that are expected
to be used if the Armed Forces are involved in a
conflict in a major theater of war are tested in at
least two exercises.
(c) Covered Military Exercises.--A military exercise
referred to in this section 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.
(d) Alternative Testing Method.--In the case of an
information technology or national security system for which a
simulated year 2000 test as part of a military exercise
described in subsection (c) is not feasible or presents undue
risk, the Secretary of Defense shall test the system using a
functional end-to-end test or through a Defense Major Range and
Test Facility Base. The Secretary shall include the plans for
these tests in the plan required by subsection (a). Tests under
this subsection are in addition to the 25 tests required by
subsection (b).
(e) Authority for Exclusion of Systems Not Capable of
Performing Reliably in Year 2000 Simulation.--(1) In carrying
out a year 2000 simulation exercise, the Secretary of Defense
may exclude a particular information technology or national
security system from the year 2000 simulation phase of the
exercise if the Secretary determines that the system would be
incapable of performing reliably during the year 2000
simulation phase of the exercise. In such a case, the system
excluded shall be replaced in accordance with the year 2000
contingency plan for the system.
(2) If the Secretary of Defense excludes an information
technology or national security system from the year 2000
simulation phase of an exercise as provided in paragraph (1),
the Secretary shall notify Congress of that exclusion not later
than two weeks before commencing that exercise. The notice
shall include a list of each information technology or national
security system excluded from the exercise, a description of
how the exercise will use the year 2000 contingency plan for
each such system, and a description of the effect that
continued year 2000 noncompliance of each such system would
have on military readiness.
(3) An information technology or national security system
with cryptological applications that is not capable of having
its internal clock adjusted forward to a simulated later time
is exempt from the year 2000 simulation phase of an exercise
under this section.
(f) 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 and describing the potential
information that will be collected as a result of
implementation of the plan, the adequacy of the planned tests,
and the impact that the plan will have on military readiness.
(g) Definitions.--For the purposes of 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 such Act (40
U.S.C. 1452).
(3) The term ``mission critical system'' means an
information technology or national security system that
is designated as mission critical in the May 1998
Department of Defense quarterly report on the status of
year 2000 compliance.
SEC. 335. CONTINUITY OF ESSENTIAL OPERATIONS AT RISK OF FAILURE BECAUSE
OF INFORMATION TECHNOLOGY AND NATIONAL SECURITY
SYSTEMS THAT ARE NOT YEAR 2000 COMPLIANT.
(a) Report Required.--Not later than March 31, 1999, the
Secretary of Defense and the Director of Central Intelligence
shall jointly submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the plans of the Department of
Defense and the intelligence community for ensuring the
continuity of performance of essential operations that are at
risk of failure because of information technology and national
security systems that are not year 2000 compliant.
(b) Content.--The report shall contain, at a minimum, the
following:
(1) A prioritization of mission critical systems to
ensure that the most critical systems have the highest
priority for efforts to reprogram information
technology and national security systems to be year
2000 compliant.
(2) A discussion of the private and other public
information and support systems relied on by the
national security community, including the intelligence
community, and the efforts under way to ensure that
those systems are year 2000 compliant.
(3) The efforts under way to repair the underlying
operating systems and infrastructure.
(4) The plans for comprehensive testing of
Department of Defense systems, including simulated
operational tests in mission areas.
(5) A comprehensive contingency plan, for the
entire national security community, which provides for
resolving emergencies resulting from a system that is
not year 2000 compliant and includes provision for the
creation of crisis action teams for use in resolving
such emergencies.
(6) A discussion of the efforts undertaken to
ensure the continued reliability of service on the
systems used by the President and other leaders of the
United States for communicating with the leaders of
other nations.
(7) A discussion of the vulnerability of allied
armed forces to the failure of systems that are not, or
have critical components that are not, year 2000
compliant, together with an assessment of the potential
problems for interoperability among the Armed Forces of
the United States and allied armed forces because of
the potential for failure of such systems.
(8) An estimate of the total cost of making
information technology and national security systems of
the Department of Defense and the intelligence
community year 2000 compliant.
(9) The countries that have critical computer-based
systems any disruption of which, due to not being year
2000 compliant, would cause a significant potential
national security risk to the United States.
(10) A discussion of the cooperative arrangements
between the United States and other nations to assist
those nations in identifying and correcting (to the
extent necessary to meet national security interests of
the United States) any problems in their communications
and strategic systems, or other systems identified by
the Secretary of Defense, that make the systems not
year 2000 compliant.
(11) A discussion of the threat posed to the
national security interests of the United States from
any potential failure of strategic systems of foreign
countries that are not year 2000 compliant.
(c) International Cooperative Arrangements.--The Secretary
of Defense, with the concurrence of the Secretary of State, may
enter into a cooperative arrangement with a representative of
any foreign government to provide for the United States to
assist the foreign government in identifying and correcting (to
the extent necessary to meet national security interests of the
United States) any problems in communications, strategic, or
other systems of that foreign government that render the
systems not year 2000 compliant.
(d) Definitions.--In this section:
(1) The term ``year 2000 compliant'', with respect
to an information technology or national security
system of the United States or a computer-based system
of a foreign government, means that the system
correctly recognizes dates in years after 1999 as being
dates after 1999 for the purposes of system functions
for which the correct date is relevant to the
performance of the functions, consistent with
certification level 1a, 1b, or 2 (as prescribed in the
April 1997 publication of the Department of Defense
entitled ``Year 2000 Management Plan'').
(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).
Subtitle E--Defense Infrastructure Support Improvement
SEC. 341. 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. 342. REPORTING AND ANALYSIS REQUIREMENTS BEFORE CHANGE OF
COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS TO PRIVATE
SECTOR PERFORMANCE.
(a) In General.--Section 2461 of title 10, United States
Code, is amended--
(1) by redesignating subsections (c) and (g) as
subsections (g) and (h), respectively, and transferring
subsection (g), as so redesignated, to appear after
subsection (f); and
(2) by striking out subsections (a) and (b) and
inserting in lieu thereof the following new
subsections:
``(a) Reporting and Analysis 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 the private
sector until the Secretary of Defense fully complies with the
reporting and analysis requirements specified in subsections
(b) and (c).
``(b) Notification and Elements of Analysis.--(1) Before
commencing to analyze a commercial or industrial type function
described in subsection (a) for possible change to performance
by the private sector, the Secretary of Defense shall submit to
Congress a report containing the following:
``(A) The function to be analyzed 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
analysis.
``(E) A certification that a proposed performance
of the commercial or industrial type function by
persons who are not civilian employees of the
Department of Defense is not a result of a decision by
an official of a military department or Defense Agency
to impose predetermined constraints or limitations on
such employees in terms of man years, end strengths,
full-time equivalent positions, or maximum number of
employees.
``(2) The duty to prepare a report under paragraph (1) may
be delegated. A report prepared below the major command or
claimant level of a military department, or below the
equivalent level in a Defense Agency, pursuant to any such
delegation shall be reviewed at the major command, claimant
level, or equivalent level, as the case may be, before
submission to Congress.
``(3) An analysis of a commercial or industrial type
function for possible change to performance by the private
sector shall include the following:
``(A) An examination of the cost of performance of
the function by Department of Defense civilian
employees and by one or more private contractors to
demonstrate whether change to performance by the
private sector will result in savings to the Government
over the life of the contract, including in the
examination the following:
``(i) The cost to the Government, estimated
by the Secretary of Defense (based on offers
received), for performance of the function by
the private sector.
``(ii) The estimated cost to the Government
of Department of Defense civilian employees
performing the function.
``(iii) In addition to the costs referred
to in clause (i), an estimate of all other
costs and expenditures that the Government
would incur because of the award of such a
contract.
``(B) An examination of the potential economic
effect of performance of the function by the private
sector on the following:
``(i) Employees of the Department of
Defense who would be affected by such a change
in performance.
``(ii) The local community and the
Government, if more than 75 employees of the
Department of Defense perform the function.
``(C) An examination of the effect of performance
of the function by the private sector on the military
mission associated with the performance of the
function.
``(4)(A) A representative individual or entity at a
facility where a commercial or industrial type function is
analyzed for possible change in performance may submit to the
Secretary of Defense an objection to the analysis on the
grounds that the report required by paragraph (1) has not been
submitted or that the certification required by paragraph
(1)(E) is not included in the report submitted as a condition
for the analysis. The objection shall be in writing and shall
be submitted within 90 days after the following date:
``(i) In the case of a failure to submit the report
when required, the date on which the representative
individual or an official of the representative entity
authorized to pose the objection first knew or should
have known of that failure.
``(ii) In the case of a failure to include the
certification in a submitted report, the date on which
the report was submitted to Congress.
``(B) If the Secretary determines that the report required
by paragraph (1) was not submitted or that the required
certification was not included in the submitted report, the
commercial or industrial type function covered by the analysis
to which objected may not be the subject of a solicitation of
offers for, or award of, a contract until, respectively, the
report is submitted or a report containing the certification in
full compliance with the certification requirement is
submitted.
``(c) Notification of Decision.--(1) If, as a result of the
completion of the examinations under subsection (b)(3), a
decision is made to change the commercial or industrial type
function that was the subject of the analysis to performance by
the private sector, the Secretary of Defense shall submit to
Congress a report describing that decision. The report shall
contain the following:
``(A) An indication that the examinations required
under subsection (b)(3) have been completed.
``(B) The Secretary's certification that the
Government calculation of the cost of performance of
the function by Department of Defense civilian
employees is based on an estimate of the most cost
effective manner for performance of the function by
Department of Defense civilian employees.
``(C) The Secretary's certification that the
examination required by subsection (b)(3)(A) as part of
the analysis demonstrates that the performance of the
function by the private sector will result in savings
to the Government over the life of the contract.
``(D) The Secretary's certification that the entire
analysis is available for examination.
``(E) A schedule for completing the change to
performance of the function by the private sector.
``(2) The change of the function to contractor performance
may not begin until after the submission of the report required
by this subsection.''.
(b) Definition of Small Function for Waiver Purposes.--
Subsection (d) of section 2461 of title 10, United States Code,
is amended by striking out ``20'' and inserting in lieu thereof
``50''.
(c) Conforming Amendments.--(1) Subsections (d) and (e) of
section 2461 of title 10, United States Code, are amended by
inserting ``and subsection (g)'' after ``Subsections (a)
through (c)''.
(2) Subsections (e)(2) and (f)(1) of such section are
amended by striking out ``converted'' and inserting in lieu
thereof ``changed''.
(3) Subsection (f)(2) of such section is amended by
striking out ``conversion'' and inserting in lieu thereof
``change''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act, but
the amendments shall not apply with respect to a 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. 343. NOTIFICATIONS OF DETERMINATIONS OF MILITARY ITEMS AS BEING
COMMERCIAL ITEMS FOR PURPOSES OF THE EXCEPTION TO
REQUIREMENTS REGARDING CORE LOGISTICS CAPABILITIES.
(a) Requirement.--Section 2464 of title 10, United States
Code, is amended by adding at the end the following:
``(c) Notification of Determinations Regarding Certain
Commercial Items.--The first time that a weapon system or other
item of military equipment described in subsection (a)(3) is
determined to be a commercial item for the purposes of the
exception contained in that subsection, the Secretary of
Defense shall submit to Congress a notification of the
determination, together with the justification for the
determination. The justification for the determination shall
include, at a minimum, the following:
``(1) The estimated percentage of commonality of
parts of the version of the item that is sold or leased
in the commercial marketplace and the Government's
version of the item.
``(2) The value of any unique support and test
equipment and tools that are necessary to support the
military requirements if the item were maintained by
the Government.
``(3) A comparison of the estimated life cycle
logistics support costs that would be incurred by the
Government if the item were maintained by the private
sector with the estimated life cycle logistics support
costs that would be incurred by the Government if the
item were maintained by the Government.''.
(b) Applicability.--Subsection (c) of section 2464 of title
10, United States Code (as added by subsection (a)), shall
apply with respect to determinations made after the date of the
enactment of this Act.
SEC. 344. OVERSIGHT OF DEVELOPMENT AND IMPLEMENTATION OF AUTOMATED
IDENTIFICATION TECHNOLOGY.
(a) Definitions.--In this section:
(1) The term ``automated identification technology
program'' means a program in the Department of Defense,
including any pilot program, employing one or more of
the following technologies:
(A) Magnetic stripe.
(B) Bar codes, both linear and two-
dimensional (including matrix symbologies).
(C) Smart Card.
(D) Optical memory.
(E) Personal computer memory card
international association carriers.
(F) Any other established or emerging
automated identification technology, including
biometrics and radio frequency identification.
(2) The term ``Smart Card'' means a credit card
size device that contains one or more integrated-
circuits.
(b) Establishment of Automated Identification Technology
Office.--(1) The Secretary of Defense shall establish an
Automated Identification Technology Office within the
Department of Defense that shall be responsible for--
(A) overseeing the development and implementation
of all automated identification technology programs in
the Department; and
(B) coordinating automated identification
technology 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 an automated identification technology program unless the
program has been reviewed and approved by the Automated
Identification Technology Office. Pending the establishment of
the Automated Identification Technology Office, the review and
approval of a program by the Smartcard Technology Office of the
Defense Human Resources Field Activity of the Department of
Defense shall be sufficient to satisfy the requirements of this
paragraph even if the approval was given before the date of the
enactment of this Act.
(3) As part of its oversight responsibilities, the
Automated Identification Technology Office shall establish
standards designed--
(A) to ensure the compatibility and
interoperability of automated identification technology
programs in the Department of Defense; and
(B) to identify and terminate redundant,
infeasible, or uneconomical automated identification
technology programs.
(c) Funding for Increased Use of Smart Cards.--(1) Of the
funds available for the Navy for fiscal year 1999 for operation
and maintenance, the Secretary of the Navy shall allocate
sufficient amounts, up to $25,000,000, for the purpose of
making significant progress toward ensuring that Smart Cards
with a multi-application, multi-technology automated reading
capability are issued and used throughout the Navy and the
Marine Corps for purposes for which Smart Cards are suitable.
(2) Not later than June 30, 1999, the Secretary of the Navy
shall equip with Smart Card technology at least one carrier
battle group, one carrier air wing, and one amphibious
readiness group (including the Marine Corps units embarked on
the vessels of such battle and readiness groups) in each of the
United States Atlantic Command and the United States Pacific
Command.
(3) None of the funds appropriated pursuant to any
authorization of appropriations in this Act may be expended
after June 30, 1999, for the procurement of the Joint Uniformed
Services Identification card for members of the Navy or the
Marine Corps or for the issuance of such card to such members,
until the Secretary of the Navy certifies in writing to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives that the
Secretary has completed the issuance of Smart Cards in
accordance with paragraph (2).
(d) Defense-Wide Plan.--Not later than March 31, 1999, the
Secretary of Defense shall submit to the congressional defense
committees a plan for the use of Smart Card technology by each
military department. The Secretary shall include in the plan an
estimate of the costs of the plan, the savings to be derived
from carrying out the plan, and a description of the ways in
which the Department of Defense will reviewand revise business
practices to take advantage of Smart Card technology.
SEC. 345. 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 program of the
Department of the Air Force (known as the ``COCESS
program'') 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 60 days after the date on which the
Secretary of Defense submits to Congress a report--
(1) notifying Congress of the proposed combined
competition or contract; and
(2) explaining why a combined competition or
contract is the best method by which to achieve cost
savings and efficiencies to the Government.
(d) GAO Reviews.--Not later than 50 days after the date on
which the Secretary of Defense submits a report to Congress
under subsection (c), the Comptroller General shall review the
report and submit to Congress a briefing regarding whether the
cost savings and efficiencies identified in the report are
achievable.
(e) 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
tothe 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. 346. CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED UNDER PRIME
VENDOR CONTRACTS FOR DEPOT-LEVEL MAINTENANCE AND
REPAIR.
(a) Conditions on Expanded Use.--The Secretary of Defense
or the Secretary of a military department, as the case may be,
may not enter into a prime vendor contract for depot-level
maintenance and repair of a weapon system or other military
equipment described in section 2464(a)(3) of title 10, United
States Code, before the end of the 30-day period beginning on
the date on which the Secretary submits to Congress a report,
specific to the proposed contract, that--
(1) describes the competitive procedures to be used
to award the prime vendor contract; and
(2) contains an analysis of costs and benefits that
demonstrates that use of the prime vendor contract will
result in savings to the Government over the life of
the contract.
(b) Definitions.--In this section:
(1) 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.
(2) The term ``depot-level maintenance and repair''
has the meaning given such term in section 2460 of
title 10, United States Code.
(c) 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. 347. BEST COMMERCIAL INVENTORY PRACTICES FOR MANAGEMENT OF
SECONDARY SUPPLY ITEMS.
(a) Development and Submission of Schedule.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of each military department shall submit to Congress
a schedule for implementing within the military department, for
secondary supply items managed by that military department,
inventory practices identified by the Secretary as being the
best commercial inventory practices for the acquisition and
distribution of such supply items consistent with military
requirements. The schedule shall provide for the implementation
of such practices to be completed not later than five years
after the date of the enactment of this Act.
(b) Definition.--For purposes of this section, the term
``best commercial inventory practice'' includes cellular repair
processes, use of third-party logistics providers, and any
other practice that the Secretary of the military department
determines will enable the military department to reduce
inventory levels while improving the responsiveness of the
supply system to user needs.
(c) GAO Reports on Military Department and Defense
Logistics Agency Schedules.--(1) Not later than 240 days after
the date of the enactment of this Act, the Comptroller General
shall submit to Congress a report evaluating the extent to
which the Secretary of each military department has complied
with the requirements of this section.
(2) Not later than 18 months after the date on which the
Director of the Defense Logistics Agency submits to Congress a
schedule for implementing best commercial inventory practices
under section 395 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1718; 10 U.S.C.
2458 note), the Comptroller General shall submit to Congress an
evaluation of the extent to which best commercialinventory
practices are being implemented in the Defense Logistics Agency in
accordance with that schedule.
SEC. 348. PERSONNEL REDUCTIONS IN ARMY MATERIEL COMMAND.
Not later than March 31, 1999, the Comptroller General
shall submit to the congressional defense committees a report
concerning--
(1) the effect that the quadrennial defense
review's proposed personnel reductions in the Army
Materiel Command will have on workload and readiness if
implemented; and
(2) the projected cost savings from such reductions
and the manner in which such savings are expected to be
achieved.
SEC. 349. INVENTORY MANAGEMENT OF IN-TRANSIT ITEMS.
(a) Requirement for Plan.--Not later than March 1, 1999,
the Secretary of Defense shall submit to Congress a
comprehensive plan to ensure visibility over all in-transit end
items and secondary items.
(b) End Items.--The plan required by subsection (a) shall
address the specific mechanisms to be used to enable the
Department of Defense to identify at any time the quantity and
location of all end items.
(c) Secondary Items.--The plan required by subsection (a)
shall address the following problems with Department of Defense
management of inventories of in-transit secondary items:
(1) The vulnerability of in-transit secondary items
to loss through fraud, waste, and abuse.
(2) Loss of oversight of in-transit secondary
items, including any loss of oversight when items are
being transported by commercial carriers.
(3) Loss of accountability for in-transit secondary
items due to either a delay of delivery of the items or
a lack of notification of a delivery of the items.
(d) Content of Plan.--The plan shall include for subsection
(b) and for each of the problems described in subsection (c)
the following information:
(1) The actions to be taken by the Department.
(2) Statements of objectives.
(3) Performance measures and schedules.
(4) An identification of any resources necessary
for implementing the required actions, together with an
estimate of the annual costs.
(e) GAO Reviews.--(1) Not later than 60 days after the date
on which the Secretary of Defense submits the plan to Congress,
the Comptroller General shall review the plan and submit to
Congress any comments that the Comptroller General considers
appropriate regarding the plan.
(2) The Comptroller General shall monitor any
implementation of the plan and, not later than one year after
the date referred to in paragraph (1), submit to Congress an
assessment of the extent to which the plan has been
implemented.
SEC. 350. REVIEW OF DEFENSE AUTOMATED PRINTING SERVICE FUNCTIONS.
(a) Review Required.--The Secretary of Defense shall
provide for a review of the functions of the Defense Automated
Printing Service in accordance with this section and shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
the matters required under subsection (f) not later than March
31, 1999.
(b) Performance by Independent Entity.--The Secretary of
Defense shall select the General Accounting Office, an
experienced entity in the private sector, or any other entity
outside the Department of Defense to perform the review under
this section. The Comptroller General shall perform the review
if the Secretary selects the Comptroller General to do so.
(c) Consultation.--Regardless of the entity selected by the
Secretary under subsection (b) to perform the review, the
entity shall perform the review in consultation with persons in
the private sector who have expertise and experience in
performingin the private sector functions similar to the
functions performed by the Defense Automated Printing Service. If such
a person obtains any privileged information (as defined by the
Secretary of Defense) as a result of participating in the review, the
person may not receive a contract, either through the Department of
Defense or the Government Printing Office, to provide services for the
Department of Defense similar to the functions performed by the Defense
Automated Printing Service for a one-year period beginning on the date
the report is submitted to the Secretary of Defense under subsection
(e).
(d) Elements of Review.--In performing the review under
this section, the entity selected under subsection (b) shall
specifically address the following:
(1) The functions performed by the Defense
Automated Printing Service.
(2) The functions of the Defense Automated Printing
Service that are inherently national security functions
and, as such, need to be performed within the
Department of Defense.
(3) The functions of the Defense Automated Printing
Service that are appropriate for transfer to another
appropriate entity to perform, including a private
sector entity.
(4) The appropriate management structure of the
Defense Automated Printing Service, the effectiveness
of the current structure of the Defense Automated
Printing Service in supporting current and future
customer requirements, and any plans to address any
deficiencies in supporting such requirements.
(5) The current and future requirements of
customers of the Defense Automated Printing Service.
(6) The best business practices that are used by
the Defense Automated Printing Service and other best
business practices that could be used by the Defense
Automated Printing Service.
(7) Options for maximizing the Defense Automated
Printing Service structure and services to provide the
most cost effective service to its customers.
(e) Report on Results of Review.--The entity performing the
review under this section shall submit to the Secretary of
Defense a report that sets forth the results of the review. In
addition to specifically addressing the matters specified in
subsection (d), the report shall also include the following:
(1) A list of all sites where functions of the
Defense Automated Printing Service are performed by the
Defense Automated Printing Service.
(2) The total number of the personnel employed by
the Defense Automated Printing Service and the
locations where the personnel perform the duties as
employees.
(3) For each site identified under paragraph (1),
an assessment of each type of equipment at the site.
(4) The types and explanation of the networking and
technology integration linking all of the sites
referred to in paragraph (1).
(5) For each function of the Defense Automated
Printing Service determined to be an inherently
national security function under subsection (d)(2), a
detailed justification for the determination.
(6) For each function of the Defense Automated
Printing Service determined to be appropriate for
transfer under subsection (d)(3), a detailed assessment
of the costs or savings associated with the transfer.
(f) Review and Comments of Secretary of Defense.--(1) After
reviewing the report submitted under subsection (e), the
Secretary of Defense shall submit the report to Congress. The
Secretary shall include with the report the following:
(1) The Secretary's comments and recommendations
regarding the report.
(2) A plan to transfer to another appropriate
entity, or contract with another appropriate entity
for, the performance of the functions of the Defense
Automated Printing Service that--
(A) are not identified in the review as
being inherently national security functions;
and
(B) the Secretary believes should be
transferred or contracted for performance
outside the Department of Defense in accordance
with law.
(3) Any recommended legislation and any
administrative action that is necessary for
transferring or contracting for the performance of the
functions.
(g) Extension of Requirement for Competitive Procurement of
Services.--Section 351(a) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 266),
as amended by section 351(a) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2490) and section 387(a)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1713), is further amended by striking out ``1998'' and
inserting in lieu thereof ``1999''.
SEC. 351. DEVELOPMENT OF PLAN FOR ESTABLISHMENT OF CORE LOGISTICS
CAPABILITIES FOR MAINTENANCE AND REPAIR OF C-17
AIRCRAFT.
(a) 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.
(b) 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 before the end of the
60-day period beginning on the date on which the plan required
by subsection (a) is received by Congress.
(c) Comptroller General Review.--During the period
specified in subsection (b), the Comptroller General shall
review the plan required under subsection (a) and submit to
Congress a report evaluating the merits of the plan.
Subtitle F--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 361. CONTINUATION OF MANAGEMENT AND FUNDING OF DEFENSE COMMISSARY
AGENCY THROUGH THE OFFICE OF THE SECRETARY OF
DEFENSE.
(a) Management and Funding Responsibilities.--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 any periodic review 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 this subsection.''.
(b) Governing Board.--Section 2482 of such title is amended
by adding at the end the following new subsection:
``(c) Governing Board.--(1) Notwithstanding section 192(d)
of this title, the Secretary of Defense shall establish a
governing board for the commissary system to provide advice to
the Secretary regarding the prudent operation of the commissary
system and to assist in the overall supervision of the Defense
Commissary Agency. The Secretary may authorize the board to
have such supervisory authority as the Secretary considers
appropriate to permit the board to carry out its
responsibilities.
``(2) The Secretary of Defense shall determine the
membership of the governing board, which shall include, at a
minimum, appropriate representatives from each military
department.
``(3) The governing board shall be accountable only to the
Secretary of Defense and to the civilian officer of the
Department of Defense who is assigned the responsibility for
the overallsupervision of the Defense Commissary Agency
pursuant to section 192(a) of this title. The Director of the Defense
Commissary Agency shall be accountable to and report to the board.''.
SEC. 362. 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' has the meaning given that term in section
1065(e) of this title.''.
(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. 363. COSTS PAYABLE TO THE DEPARTMENT OF DEFENSE AND OTHER FEDERAL
AGENCIES FOR SERVICES PROVIDED TO THE DEFENSE
COMMISSARY AGENCY.
(a) Limitation.--Section 2482(b)(1) of title 10, United
States Code, is amended by adding at the end the following:
``However, the Defense Commissary Agency may not pay for any such
service provided by the United States Transportation Command any amount
that exceeds the price at which the service could be procured through
full and open competition, as such term is defined in section 4(6) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to services provided or obtained on or
after the date of the enactment of this Act.
SEC. 364. COLLECTION OF DISHONORED CHECKS PRESENTED AT COMMISSARY
STORES.
Section 2486 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Collection of Dishonored Checks.--(1) The Secretary
of Defense may impose a charge for the collection of a check
accepted at a commissary store that is not honored by the
financial institution on which the check is drawn. The
imposition and amounts of charges shall be consistent with
practices of commercial grocery stores regarding dishonored
checks.
``(2)(A) The following persons are liable to the United
States for the amount of a check referred to in paragraph (1)
that is returned unpaid to the United States, together with any
charge imposed under that paragraph:
``(i) The person who presented the check.
``(ii) Any person whose status and relationship to
the person who presented the check provide the basis
for that person's eligibility to make purchases at a
commissary store.
``(B) Any amount for which a person is liable under
subparagraph (A) may be collected by deducting and withholding
such amount from any amounts payable to that person by the
United States.
``(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.
``(4) Appropriated funds may be used to pay any costs
incurred in the collection of checks and charges referred to in
paragraph (1). An appropriation account charged a cost under
the preceding sentence shall be reimbursed the amount of that
cost out of funds in the commissary trust revolving fund.
``(5) In this subsection, the term `commissary trust
revolving fund' means the trust revolving fund maintained by
the Department of Defense for surcharge collections and
proceeds of sales of commissary stores.''.
SEC. 365. 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. 2492. Overseas commissary and exchange stores: access and
purchase restrictions
``(a) General Authority.--(1) 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 treaty obligations of the
United States or host nation laws (to the extent such laws are
not inconsistent with United States laws).
``(2) In establishing a quantity or other restriction, the
Secretary--
``(A) may not discriminate among the various
categories of eligible patrons of the commissary and
exchange system; and
``(B) 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 maintaina list of
controlled merchandise items, except that, after the date of the
enactment of this section, 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) Annual Report.--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:
``2492. Overseas commissary and exchange stores: access and purchase
restrictions.''.
SEC. 366. 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. 367. 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
merged unless the consolidation or merger 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. 368. DEFENSE COMMISSARY AGENCY TELECOMMUNICATIONS.
(a) Use of FTS 2000 / 2001.--The Secretary of Defense shall
prescribe in regulations authority for the Defense Commissary
Agency to meet its telecommunication requirements by obtaining
telecommunication services and related items under the FTS 2000
/ 2001 contract.
(b) Report.--Upon the initiation of telecommunication
service for the Defense Commissary Agency under the FTS 2000 /
2001 contract, the Secretary of Defense shall submit to
Congress a notification that the service has been initiated.
(c) Definition.--In this section, the term ``FTS 2000 /
2001 contract'' means the contract for the provision of
telecommunication services for the Federal Government that was
entered into by the Defense Information Technology Contract
Organization.
SEC. 369. SURVEY OF COMMISSARY STORE PATRONS REGARDING SATISFACTION
WITH COMMISSARY STORE MERCHANDISE.
(a) Patron Survey.--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 satisfaction with the merchandise sold
incommissary stores, including patron views on product quality, prices,
assortment, and such other matters as the Secretary considers
appropriate.
(b) Survey Location.--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).
(c) Report on Results.--The survey shall be completed, and
the results submitted to the Secretary of Defense, the
Committee on Armed Services of the Senate, and the Committee on
National Security of the House of Representatives, not later
than February 28, 1999.
Subtitle G--Other Matters
SEC. 371. 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 designating the first sentence as paragraph
(1);
(2) by designating the second sentence as paragraph
(2); and
(3) by adding at the end of paragraph (2) (as so
designated) the following 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
educational services provided. Any such extension shall cover
only one school year at a time.''.
(c) Customs Service Employee Dependents in Puerto Rico.--
(1) Subsection (c)(1) of such section is amended--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following new
subparagraph:
``(B) A dependent of a United States Customs Service
employee who resides in Puerto Rico, but not on a military
installation, may enroll in an educational program provided by
the Secretary pursuant to subsection (a) in Puerto Rico in
accordance with the same rules as apply to a dependent of a
Federal employee residing in permanent living quarters on a
military installation.''.
(2) Subsection (c)(2) of such section is further amended by
adding at the end the following new subparagraph:
``(D) Subparagraph (A) shall not apply to a dependent
covered by paragraph (1)(B). No requirement under this
paragraph for reimbursement for educational services provided
for the dependent shall apply with respect to the dependent,
except that the Secretary may require the United States Customs
Service to reimburse the Secretary for the cost of the
educational services provided for the dependent.''.
(3) The amendments made by this subsection shall apply with
respect to academic years beginning on or after the date of the
enactment of this Act.
SEC. 372. 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. 373. 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, an element of the
training establishment, or an element of defense
infrastructure, that is required to be reported as part
of the readiness reporting system, being reported
within 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
measure such factors relating to readiness as the Secretary
prescribes, except that the system shall include the capability
to do each of the following:
``(1) Measure, on a monthly basis, 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, on a quarterly basis, the capability
of training establishments to provide trained and ready
forces for wartime missions.
``(3) Measure, on a quarterly basis, 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, on a monthly basis, critical
warfighting deficiencies in unit capability.
``(5) Measure, on a quarterly basis, critical
warfighting deficiencies in training establishments and
defense infrastructure.
``(6) Measure, on a monthly basis, the level of
current risk based upon the readiness reporting system
relative to the capability of forces to carry out their
wartime missions.
``(d) Quarterly and Monthly Joint Readiness Reviews.--(1)
The Chairman of the Joint Chiefs of Staff shall--
``(A) on a quarterly basis, conduct a joint
readiness review; and
``(B) on a monthly basis, review any changes that
have been reported in readiness since the previous
joint readiness review.
``(2) The Chairman shall incorporate into both the joint
readiness review required under paragraph (1)(A) and the
monthly review required under paragraph (1)(B) 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 the
review is conducted. The Chairman shall submit to the Secretary
of Defense the results of each review under paragraph (1),
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 results of the most recent joint
readiness review or monthly review conducted under subsection
(d), 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
January 15, 2000.
(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 ofsection 117 of
title 10, United States Code, as added by subsection (a).
(d) Repeal of Quarterly Readiness Report Requirement.--(1)
Effective January 15, 2000, or the date on which the first
report of the Secretary of Defense is submitted under section
117(e) of title 10, United States Code, as added by subsection
(a), whichever is later, the Secretary of Defense shall cease
to submit reports under section 482 of title 10, United States
Code.
(2) Effective June 1, 2001--
(A) section 482 of title 10, United States Code, is
repealed; and
(B) 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. 374. 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. 375. CONDITION FOR PROVIDING FINANCIAL ASSISTANCE FOR SUPPORT OF
ADDITIONAL DUTIES ASSIGNED TO THE ARMY NATIONAL
GUARD.
(a) Competitive Source Selection.--Section 113(b) of title
32, United States Code, is amended to read as follows:
``(b) Covered Activities.--(1) Except as provided in
paragraph (2), financial assistance may be provided for the
performance of an activity by the Army National Guard under
subsection (a) only if--
``(A) the activity is carried out in the
performance of a responsibility of the Secretary of the
Army under paragraph (6), (10), or (11) of section
3013(b) of title 10; and
``(B) the Army National Guard was selected to
perform the activity under competitive procedures that
permit all qualified public-sector and private-sector
sources to submit offers and be considered for
selection to perform the activity on the basis of the
offers.
``(2) Paragraph (1)(B) does not apply to an activity that,
on the date of the enactment of this subsection, was performed
for the Federal Government by employees of the Federal
Government or employees of a State.''.
(b) Prospective Applicability.--Subsection (b)(1)(B) of
section 113 of title 32, United States Code (as added by
subsection (a) of this section), does not apply to--
(1) financial assistance provided under that
section before October 1, 1998; or
(2) financial assistance for an activity that,
before May 9, 1998, the Secretary of the Army
identified in writing as being under consideration for
supporting with financial assistance under that
section.
SEC. 376. DEMONSTRATION PROGRAM TO IMPROVE QUALITY OF PERSONAL PROPERTY
SHIPMENTS OF MEMBERS.
(a) Definition.--In this section, the term ``current
demonstration program'' means the pilot program to improve the
movement of household goods of members of the Armed Forces that
is identified in the re-engineering pilot solicitation of the
Military Traffic Management Command designated as DAMTO1-97-R-
3001.
(b) Completion of Current Demonstration Program.--The
Secretary of Defense shall complete the current demonstration
program to improve the quality of personal property shipments
within the Department of Defense not later than October 1,
1999.
(c) Evaluations of Current and Alternative
Demonstrations.--(1) Not later than August 31, 1999, the
Secretaryof Defense shall submit to Congress a report
evaluating the following:
(A) Whether the current demonstration program, as
implemented, meets the goals for the current
demonstration program previously agreed upon between
the Department of Defense and representatives of
private sector entities involved in the transportation
of household goods for members of the Armed Forces, as
such goals are contained in the report of the
Comptroller General designated as report ``NSIAD 97-
49''.
(B) Whether the demonstration program contained in
the proposal prepared for the Secretary of Defense by
private sector entities involved in the transportation
of household goods for members of the Armed Forces as
an alternative to the current demonstration program
would, if implemented, be likely to meet the goals for
the current demonstration program.
(2) The Secretary shall also submit to Congress interim
reports regarding the progress of the current demonstration
program not later than January 15, 1999, and April 15, 1999.
(d) Prohibition.--The Secretary of Defense may not exercise
any option with respect to the current demonstration program
that would have the effect of extending the current
demonstration program after October 1, 1999, or otherwise
continue the current demonstration program after that date,
until the end of the 30-day period beginning on the date on
which the Secretary submits the report required under
subsection (c)(1).
SEC. 377. PILOT PROGRAM FOR ACCEPTANCE AND USE OF LANDING FEES CHARGED
FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL
AIRCRAFT.
(a) Pilot Program Authorized.--The Secretary of each
military department may carry out a pilot program during fiscal
years 1999 and 2000 to demonstrate the use of landing fees as a
source of funding for the operation and maintenance of
airfields of that department. No fee may be charged under the
pilot program for a landing after September 30, 2000.
(b) Uniform Landing Fees.--The Secretary of Defense shall
prescribe the landing fees, which shall be uniform for the
military departments, that may be imposed under a pilot program
carried out under this section.
(c) Use of Proceeds.--Amounts received for a fiscal year in
payment of landing fees imposed under the pilot program for use
of a military airfield shall be credited to the appropriation
that is available for that fiscal year for the operation and
maintenance of the military airfield, shall be merged with
amounts in the appropriation to which credited, and shall be
available for that military airfield for the same period and
purposes as the appropriation is available.
(d) Report.--Not later than March 31, 2000, the Secretary
of Defense shall submit to Congress a report on the pilot
programs carried out under this section by the Secretaries of
the military departments. The report shall specify the amounts
of fees received and retained by each military department under
its pilot program as of December 31, 1999.
SEC. 378. STRATEGIC PLAN FOR EXPANSION OF DISTANCE LEARNING
INITIATIVES.
(a) Plan Required.--The Secretary of Defense shall develop
a strategic plan for guiding and expanding distance learning
initiatives within the Department of Defense. The plan shall
provide for an expansion of such initiatives over five
consecutive fiscal years beginning with fiscal year 2000.
(b) Content of Plan.--The strategic plan shall contain, at
a minimum, the following:
(1) A statement of measurable goals and objectives
and outcome-related performance indicators (consistent
with section 1115 of title 31, United States Code,
relating to agency performance plans) for the
development and execution of distance learning
initiatives throughout the Department of Defense.
(2) A detailed description of how distance learning
initiatives are to be developed and managed within the
Department of Defense.
(3) An assessment of the estimated costs and the
benefits associated with developing and maintaining an
appropriate infrastructure for distance learning.
(4) A statement of planned expenditures for the
investments necessary to build and maintain that
infrastructure.
(5) A description of the mechanisms that are to be
used to supervise the development and coordination of
the distance learning initiatives of the Department of
Defense.
(c) Relationship to Existing Initiative.--In developing the
strategic plan, the Secretary may take into account the ongoing
collaborative effort among the Department of Defense, other
Federal agencies, and private industry that is known as the
Advanced Distribution Learning initiative. However, the
Secretary shall ensure that the strategic plan is specifically
focused on the training and education goals and objectives of
the Department of Defense.
(d) Submission to Congress.--The Secretary of Defense shall
submit the strategic plan to Congress not later than March 1,
1999.
SEC. 379. 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
such 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.
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. Additional exemption from percentage limitation on number of
lieutenant generals and vice admirals.
Sec. 405. 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.
Sec. 406. Exception for Chief, National Guard Bureau, from limitation on
number of officers above major general.
Sec. 407. Limitation on daily average of personnel on active duty in
grades E-8 and E-9.
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.
Sec. 415. Consolidation of strength authorizations for active status
Naval Reserve flag officers of the Navy Medical Department
Staff Corps.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1999, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,696.
(3) The Marine Corps, 172,200.
(4) The Air Force, 370,882.
SEC. 402. 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 ``480,000'';
(2) in paragraph (2), by striking out ``390,802''
and inserting in lieu thereof ``372,696'';
(3) in paragraph (3), by striking out ``174,000''
and inserting in lieu thereof ``172,200''; and
(4) in paragraph (4), by striking out ``371,577''
and inserting in lieu thereof ``370,802''.
(b) Revision to Flexibility Authority for the Army.--
Subsection (e) of such section is amended by striking out ``1
percent or, in the case of the Army, by not more than 1.5
percent,'' and inserting in lieu thereof ``0.5 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, which shall be in writing,
shall be submitted each year not later than 45 days
after the date on which the President submits to
Congress the budget for the next fiscal year under
section 1105 of title 31. The report''.
SEC. 404. ADDITIONAL EXEMPTION FROM PERCENTAGE LIMITATION ON NUMBER OF
LIEUTENANT GENERALS AND VICE ADMIRALS.
Section 525(b)(4)(B) of title 10, United States Code, is
amended by striking out ``six'' and inserting in lieu thereof
``seven''.
SEC. 405. 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, 2002''.
SEC. 406. EXCEPTION FOR CHIEF, NATIONAL GUARD BUREAU, FROM LIMITATION
ON NUMBER OF OFFICERS ABOVE MAJOR GENERAL.
Section 525(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) An officer while serving as Chief of the National
Guard Bureau is in addition to the number that would otherwise
be permitted for that officer's armed force for officers
serving on active duty in grades above major general under
paragraph (1).''.
SEC. 407. LIMITATION ON DAILY AVERAGE OF PERSONNEL ON ACTIVE DUTY IN
GRADES E-8 AND E-9.
(a) Fiscal Year Basis for Application of Limitation.--The
first sentence of section 517(a) of title 10, United States
Code, is amended--
(1) by striking out ``a calendar year'' and
inserting in lieu thereof ``a fiscal year''; and
(2) by striking out ``January 1 of that year'' and
inserting in lieu thereof ``the first day of that
fiscal year''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1999.
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,
357,223.
(2) The Army Reserve, 208,003.
(3) The Naval Reserve, 90,843.
(4) The Marine Corps Reserve, 40,018.
(5) The Air National Guard of the United States,
106,992.
(6) The Air Force Reserve, 74,243.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary an
end strength authorized by subsection (a) by not more than 2
percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1999, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
21,986.
(2) The Army Reserve, 12,807.
(3) The Naval Reserve, 15,590.
(4) The Marine Corps Reserve, 2,362.
(5) The Air National Guard of the United States,
10,931.
(6) The Air Force Reserve, 992.
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 1,071 791 140
Lieutenant Colonel or Commander..... 1,524 520 713 90
Colonel or Navy Captain............. 438 188 297 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 623 202 395 20
E-8................................. 2,585 429 997 94''.
------------------------------------------------------------------------
(c) Effective Date.--The amendments made by this section
shall take efffect on October 1, 1998.
SEC. 415. CONSOLIDATION OF STRENGTH AUTHORIZATIONS FOR ACTIVE STATUS
NAVAL RESERVE FLAG OFFICERS OF THE NAVY MEDICAL
DEPARTMENT STAFF CORPS.
Section 12004(c) of title 10, United States Code, is
amended--
(1) in the table in paragraph (1)--
(A) by striking out the item relating to
the Medical Corps and inserting in lieu thereof
the following:
``Medical Department staff corps.............................. 9'';
and
(B) by striking out the items relating to
the Dental Corps, the Nurse Corps, and the
Medical Service Corps; and
(2) by adding at the end the following:
``(4)(A) For the purposes of paragraph (1), the Medical
Department staff corps referred to in the table are as follows:
``(i) The Medical Corps.
``(ii) The Dental Corps.
``(iii) The Nurse Corps.
``(iv) The Medical Service Corps.
``(B) Each of the Medical Department staff corps is
authorized one rear admiral (lower half) within the strength
authorization distributed to the Medical Department staff corps
under paragraph (1). The Secretary of the Navy shall distribute
the remainder of the strength authorization for the Medical
Department staff corps under that paragraph among those staff
corps as the Secretary determines appropriate to meet the needs
of the Navy.''.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1999 a total of $70,592,286,000. 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.
Sec. 502. Involuntary separation pay denied for officer discharged for
failure of selection for promotion requested by the officer.
Sec. 503. Streamlined selective retention process for regular officers.
Sec. 504. Permanent applicability of limitations on years of active
naval service of Navy limited duty officers in grades of
commander and captain.
Sec. 505. Tenure of Chief of the Air Force Nurse Corps.
Sec. 506. Grade of Air Force Assistant Surgeon General for Dental
Services.
Sec. 507. Review regarding allocation of Naval Reserve Officers'
Training Corps scholarships among participating colleges and
universities.
Subtitle B--Reserve Component Matters
Sec. 511. Use of Reserves for emergencies involving weapons of mass
destruction.
Sec. 512. Service required for retirement of National Guard officer in
higher grade.
Sec. 513. Reduced time-in-grade requirement for reserve general and flag
officers involuntarily transferred from active status.
Sec. 514. Active status service requirement for promotion consideration
for Army and Air Force reserve component brigadier generals.
Sec. 515. Composition of selective early retirement boards for rear
admirals of the Naval Reserve and major generals of the Marine
Corps Reserve.
Sec. 516. Authority for temporary waiver for certain Army Reserve
officers of baccalaureate degree requirement for promotion of
reserve officers.
Sec. 517. Furnishing of burial flags for deceased members and former
members of the Selected Reserve.
Subtitle C--Military Education and Training
Sec. 521. Separate housing for male and female recruits during recruit
basic training.
Sec. 522. After-hours privacy for recruits during basic training.
Sec. 523. Sense of the House of Representatives relating to small unit
assignments by gender during recruit basic training.
Sec. 524. Extension of reporting dates for Commission on Military
Training and Gender-Related Issues.
Sec. 525. 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
certain persons.
Sec. 533. Commendation and commemoration 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, other
nations, and indigenous groups 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.
Sec. 537. Prohibition on members of Armed Forces entering correctional
facilities to present decorations to persons who have
committed serious violent felonies.
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.
Sec. 545. Scope of correction of military records.
Subtitle F--Reports
Sec. 551. Report on personnel retention.
Sec. 552. Report on process for selection of members for service on
courts-martial.
Sec. 553. Report on prisoners transferred from United States
Disciplinary Barracks, Fort Leavenworth, Kansas, to Federal
Bureau of Prisons.
Sec. 554. Review and report regarding the distribution of National Guard
full-time support among the States.
Subtitle G--Other Matters
Sec. 561. Two-year extension of certain force drawdown transition
authorities relating to personnel management and benefits.
Sec. 562. Leave without pay for suspended academy cadets and midshipmen.
Sec. 563. Continued eligibility under Voluntary Separation Incentive
program for members who involuntarily lose membership in a
reserve component.
Sec. 564. Reinstatement of definition of financial institution in
authorities for reimbursement of defense personnel for
Government errors in direct deposit of pay.
Sec. 565. Increase in maximum amount for College Fund program.
Sec. 566. Central Identification Laboratory, Hawaii.
Sec. 567. Military funeral honors for veterans.
Sec. 568. Status in the Naval Reserve of cadets at the Merchant Marine
Academy.
Sec. 569. Repeal of restriction on civilian employment of enlisted
members.
Sec. 570. Transitional compensation for abused dependent children not
residing with the spouse or former spouse of a member
convicted of dependent abuse.
Sec. 571. Pilot program for treating GED and home school diploma
recipients as high school graduates for determinations of
eligibility for enlistment in the Armed Forces.
Sec. 572. Sense of Congress concerning New Parent Support Program and
military families.
Sec. 573. Advancement of Benjamin O. Davis, Junior, to grade of general
on the retired list of the Air Force.
Sec. 574. Sense of the House of Representatives concerning adherence by
civilians in military chain of command to the standard of
exemplary conduct required of commanding officers and others
in authority in the Armed Forces.
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 the
subsection designation at the beginning of that
paragraph) 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''; and
(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 eligibilityof 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. INVOLUNTARY SEPARATION PAY DENIED FOR OFFICER DISCHARGED FOR
FAILURE OF SELECTION FOR PROMOTION REQUESTED BY THE
OFFICER.
(a) Ineligibility for Separation Pay.--Section 1174(a) of
title 10, United States Code, is amended by adding at the end
the following:
``(3) Notwithstanding paragraphs (1) and (2), an officer
discharged under any provision of chapter 36 of this title for
twice failing of selection for promotion to the next higher
grade is not entitled to separation pay under this section if
either (or both) of those failures of selection for promotion
was by the action of a selection board to which the officer
submitted a request in writing not to be selected for promotion
or who otherwise directly caused his nonselection through
written communication to the Board under section 614(b) of this
title.''.
(b) Report of Selection Board To Name Officers Requesting
Nonselection.--Section 617 of such title is amended by adding
at the end the following:
``(c) A selection board convened under section 611(a) of
this title shall include in its report to the Secretary
concerned the name of any regular officer considered and not
recommended for promotion by the board who submitted to the
board a request not to be selected for promotion or who
otherwise directly caused his nonselection through written
communication to the Board under section 614(b) of this
title.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to selection boards convened under
section 611(a) of title 10, United States Code, on or after the
date of the enactment of this Act.
SEC. 503. STREAMLINED SELECTIVE RETENTION PROCESS FOR REGULAR OFFICERS.
(a) Repeal of Requirement for Duplicative Board.--Section
1183 of title 10, United States Code, is repealed.
(b) Conforming Amendments.--(1) Section 1182(c) of such
title is amended by striking out ``send the record of
proceedings to a board of review convened under section 1183
ofthis title'' and inserting in lieu thereof ``recommend to the
Secretary concerned that the officer not be retained on active duty''.
(2) Section 1184 of such title is amended by striking out
``board of review convened under section 1183 of this title''
and inserting in lieu thereof ``board of inquiry convened under
section 1182 of this title''.
(c) Clerical Amendments.--(1) The heading for section 1184
of such title is amended by striking out ``review'' and
inserting in lieu thereof ``inquiry''.
(2) The table of sections at the beginning of chapter 60 of
such title is amended by striking out the items relating to
sections 1183 and 1184 and inserting in lieu thereof the
following:
``1184. Removal of officer: action by Secretary upon recommendation of
board of inquiry.''.
SEC. 504. PERMANENT APPLICABILITY OF LIMITATIONS ON YEARS OF ACTIVE
NAVAL SERVICE OF NAVY LIMITED DUTY OFFICERS IN
GRADES OF COMMANDER AND CAPTAIN.
(a) Commanders.--Section 633 of title 10, United States
Code, is amended--
(1) by striking out ``Except an officer'' and all
that follows through ``or section 6383 of this title
applies'' and inserting in lieu thereof ``Except an
officer of the Navy or Marine Corps who is an officer
designated for limited duty to whom section 5596(e) or
6383 of this title applies''; and
(2) by striking out the second sentence.
(b) Captains.--Section 634 of such title is amended--
(1) by inserting ``an officer of the Navy who is
designated for limited duty to whom section 6383(a)(4)
of this title applies and except'' in the first
sentence after ``Except''; and
(2) by striking out the second sentence.
(c) Years of Active Naval Service.--Section 6383(a) of such
title is amended by striking out paragraph (5).
(d) Limitations on Selective Retentions.--Section 6383(k)
of such title is amended by striking out the last sentence.
SEC. 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.
SEC. 506. GRADE OF AIR FORCE ASSISTANT SURGEON GENERAL FOR DENTAL
SERVICES.
Section 8081 of title 10, United States Code, is amended--
(1) in the first sentence, by striking out
``major'' and inserting in lieu thereof ``lieutenant
colonel''; and
(2) by striking out the second sentence and
inserting in lieu thereof the following: ``An appointee
who holds a lower regular grade shall be appointed in
the regular grade of brigadier general. The Assistant
Surgeon General for Dental Services serves at the
pleasure of the Secretary.''.
SEC. 507. REVIEW REGARDING ALLOCATION OF NAVAL RESERVE OFFICERS'
TRAINING CORPS SCHOLARSHIPS AMONG PARTICIPATING
COLLEGES AND UNIVERSITIES.
(a) Review.--The Secretary of the Navy should review the
process and criteria used to determine the number of Naval
Reserve Officer Training Corps (NROTC) scholarship recipients
who attend each college and university participating in the
NROTC program and how those scholarships are allocated to those
schools.
(b) Purpose of Review.--The review should seek to
determine--
(1) whether the method used by the Navy to allocate
NROTC scholarships could be changed so as to increase
the likelihood that scholarship awardees attend the
school of their choice while maintaining the Navy's
capability to attain the objectives of the Naval ROTC
program to meet the annual requirement for newly
commissioned Navy ensignsand Marine Corps second
lieutenants, as well as the overall needs of the officer corps of the
Department of the Navy; and
(2) within the determination under paragraph (1),
whether the likelihood of a scholarship awardee who
wants to attend a school of choice in the student's
State of residence can be increased.
(c) Matters Reviewed.--The matters reviewed should include
the following:
(1) The factors and criteria considered in the
process of determining the allocation of NROTC
scholarships to host colleges and universities.
(2) Historical data indicating the extent to which
NROTC scholarship recipients attend colleges and
universities they have indicated a preference to
attend, as opposed to attending solely or mainly in
order to receive an NROTC scholarship.
(3) The extent to which the process used by the
Navy to allocate NROTC scholarships to participating
colleges and universities contributes to optimizing
resources available for the operation of the NROTC
program and improving the professional education of
NROTC midshipmen.
(4) The effects that eliminating the controlled
allocation of scholarships to host colleges and
universities, entirely or by State, would have on the
NROTC program.
(d) Consultation Requirement.--In carrying out a review
under subsection (a), the Secretary should consult with
officials of interested associations and of colleges and
universities which host ROTC units and such other officials as
the Secretary considers appropriate.
Subtitle B--Reserve Component Matters
SEC. 511. USE OF RESERVES FOR EMERGENCIES INVOLVING WEAPONS OF MASS
DESTRUCTION.
(a) Order to Active Duty.--(1) Section 12304 of title 10,
United States Code, is amended--
(A) in subsection (a), by inserting ``or that it is
necessary to provide assistance referred to in
subsection (b)'' after ``to augment the active forces
for any operational mission'';
(B) in subsection (b)--
(i) by striking out ``(b)'' and inserting
in lieu thereof ``(c) Limitations.--(1)''; and
(ii) by striking out ``, or to provide''
and inserting in lieu thereof ``or, except as
provided in subsection (b), to provide'';
(C) by redesignating subsection (c) as paragraph
(2); and
(D) by inserting after subsection (a) the following
new subsection (b):
``(b) Support for Responses to Certain Emergencies.--The
authority under subsection (a) includes authority to order a
unit or member to active duty to provide assistance in
responding to an emergency involving a use or threatened use of
a weapon of mass destruction.''.
(2) Subsection (i) of such section is amended to read as
follows:
``(i) Definitions.--In this section:
``(1) The term `Individual Ready Reserve
mobilization category' means, in the case of any
reserve component, the category of the Individual Ready
Reserve described in section 10144(b) of this title.
``(2) The term `weapon of mass destruction' has the
meaning given that term in section 1403 of the Defense
Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2302(1)).''.
(3) Such section is further amended--
(A) in subsection (a), by inserting ``Authority.--
'' after ``(a)'';
(B) in subsection (d), by inserting ``Exclusion
From Strength Limitations.--'' after ``(d)'';
(C) in subsection (e), by inserting ``Policies and
Procedures.--'' after ``(e)'';
(D) in subsection (f), by inserting ``Notification
of Congress.--'' after ``(f)'';
(E) in subsection (g), by inserting ``Termination
of Duty.--'' after ``(g)''; and
(F) in subsection (h), by inserting ``Relationship
to War Powers Resolution.--'' after ``(h)''.
(b) Use of Active Guard and Reserve Personnel.--(1) Section
12310 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(c)(1) A Reserve on active duty as described in
subsection (a), or a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32 in connection with functions referred to in
subsection (a), may, subject to paragraph (3), perform duties
in support of emergency preparedness programs to prepare for or
to respond to any emergency involving the use of a weapon of
mass destruction (as defined in section 1403 of the Defense
Against Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2302(1))).
``(2) The costs of the pay, allowances, clothing,
subsistence, gratuities, travel, and related expenses for a
Reserve performing duties under the authority of paragraph (1)
shall be paid from the appropriation that is available to pay
such costs for other members of the reserve component of that
Reserve who are performing duties as described in subsection
(a).
``(3) A Reserve may perform duties described in paragraph
(1) only--
``(A) while assigned to the Department of Defense
Consequence Management Program Integration Office; or
``(B) while assigned to a reserve component rapid
assessment element team and performing those duties
within the geographical limits of the United States,
its territories and possessions, the District of
Columbia, and the Commonwealth of Puerto Rico.
``(4) The number of Reserves on active duty who are
performing duties described in paragraph (1) at the same time
may not exceed 228. Reserves on active duty who are performing
duties described in paragraph (1) shall be counted against the
annual end strength authorizations required by section
115(a)(1)(B) and 115(a)(2) of this title. The justification
material for the defense budget request for a fiscal year shall
identify the number and component of the Reserves programmed to
be performing duties described in paragraph (1) during that
fiscal year.
``(5) A reserve component rapid assessment element team,
and any Reserve assigned to such a team, may not be used to
respond to an emergency described in paragraph (1) unless the
Secretary of Defense has certified to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives that that team, or that
Reserve, possesses the requisite skills, training, and
equipment to be proficient in all mission requirements.
``(6) If the Secretary of Defense submits to Congress any
request for the enactment of legislation to modify the
requirements of paragraph (3) or to increase the number of
personnel authorized by paragraph (4), the Secretary shall
provide with the request--
``(A) justification for each such requested
modification or for the requested additional personnel
and explain the need for the increase in the context of
existing or projected similar capabilities at the
local, State, and Federal levels; and
``(B) the Secretary's plan for sustaining the
qualifications of the personnel and teams described in
paragraph (3)(B).''.
(2) The Secretary of Defense may not submit to Congress
earlier than 90 days after the date of the receipt by Congress
of the report required by section 1411 of this Act a request
for the enactment of legislation to modify the requirements of
paragraph (3), or to increase the number of personnel
authorized by paragraph (4), of section 12310(c) of title 10,
United States Code, as added by paragraph (1).
SEC. 512. SERVICE REQUIRED FOR RETIREMENT OF NATIONAL GUARD OFFICER IN
HIGHER GRADE.
(a) Revision of Requirement.--Subparagraph (E) of section
1370(d)(3) of title 10, United States Code, is amended to read
as follows:
``(E) To the extent authorized by the Secretary of the
military department concerned, a person who, after having been
found qualified for Federal recognition in a higher grade by a
board under section 307 of title 32, serves in a position for
which that grade is the minimum authorized grade and is
appointed as a reserve officer in that grade may be credited
for the purposes of subparagraph (A) as having served in that
grade. The period of the service for which credit is afforded
under the preceding sentence may only be the period for which
the person served in the position after the Senate provides
advice and consent for the appointment.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply with respect to appointments to higher grades that
take effect after that date.
SEC. 513. REDUCED TIME-IN-GRADE REQUIREMENT FOR RESERVE GENERAL AND
FLAG OFFICERS INVOLUNTARILY TRANSFERRED FROM ACTIVE
STATUS.
(a) Minimum Service in Active Status.--Section 1370(d)(3)
of title 10, United States Code, as amended by section 511, is
further amended by adding at the end the following new
subparagraph:
``(F) A person covered by subparagraph (A) who has
completed at least six months of satisfactory service in a
grade above colonel or (in the case of the Navy) captain and,
while serving in an active status in such grade, is
involuntarily transferred (other than for cause) from active
status may be credited with satisfactory service in the grade
in which serving at the time of such transfer, notwithstanding
failure of the person to complete three years of service in
that grade.''.
(b) Effective Date.--Subparagraph (F) of such section, as
added by subsection (a), shall take effect on the date of the
enactment of this Act and shall apply with respect to transfers
referred to in such subparagraph that are made on or after that
date.
SEC. 514. 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. 515. COMPOSITION OF SELECTIVE EARLY RETIREMENT BOARDS FOR REAR
ADMIRALS OF THE NAVAL RESERVE AND MAJOR GENERALS OF
THE MARINE CORPS RESERVE.
(a) In General.--Section 14705(b) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(b) Boards.--'';
and
(2) by adding at the end the following:
``(2) In the case of such a board convened to consider
officers in the grade of rear admiral or major general, the
Secretary of the Navy may appoint the board without regard to
section 14102(b) of this title. In doing so, however, the
Secretary shall ensure that--
``(A) each regular commissioned officer appointed
to the board holds a grade higher than the grade of
rear admiral or major general; and
``(B) at least one member of the board is a reserve
officer who holds the grade of rear admiral or major
general.''.
(b) Technical Amendments.--Paragraph (1) of such section,
as designated by subsection (a)(1), is amended--
(1) by inserting ``of officers'' after
``consideration''; and
(2) by inserting ``continuation'' after ``shall
convene a''.
SEC. 516. AUTHORITY FOR TEMPORARY WAIVER FOR CERTAIN ARMY RESERVE
OFFICERS OF BACCALAUREATE DEGREE REQUIREMENT FOR
PROMOTION OF RESERVE OFFICERS.
(a) Waiver Authority for Army OCS Graduates.--The Secretary
of the Army may waive the applicability of section 12205(a) of
title 10, United States Code, to any officer who before the
date of the enactment of this Act was commissioned through the
Army Officer Candidate School. Any such waiver shall be made on
a case-by-case basis, considering the individual circumstances
of the officer involved, and may continue in effect for no more
than two years after the waiver is granted. The Secretary may
provide for such a waiver to be effective before the date of
the waiver, as appropriate in an individual case.
(b) Expiration of Authority.--A waiver under this section
may not be granted after September 30, 2000.
SEC. 517. FURNISHING OF BURIAL FLAGS FOR DECEASED MEMBERS AND FORMER
MEMBERS OF THE SELECTED RESERVE.
Section 2301 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) The Secretary shall furnish a flag to drape the
casket of each deceased member or former member of the Selected
Reserve (as described in section 10143 of title 10)
who is not otherwise eligible for a flag under this section or
section 1482(a) of title 10--
``(A) who completed at least one enlistment as a
member of the Selected Reserve or, in the case of an
officer, completed the period of initial obligated
service as a member of the Selected Reserve;
``(B) who was discharged before completion of the
person's initial enlistment as a member of the Selected
Reserve or, in the case of an officer, period of
initial obligated service as a member of the Selected
Reserve, for a disability incurred or aggravated in
line of duty; or
``(C) who died while a member of the Selected
Reserve.
``(2) A flag may not be furnished under subparagraphs (A)
or (B) of paragraph (1) in the case of a person whose last
discharge from service in the Armed Forces was under conditions
less favorable than honorable.
``(3) After the burial, a flag furnished under paragraph
(1) shall be given to the next of kin or to such other person
as the Secretary considers appropriate.''.
Subtitle C--Military Education and Training
SEC. 521. SEPARATE HOUSING FOR MALE AND FEMALE RECRUITS DURING 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 housing for male and
female recruits
``(a) Physically Separate Housing.--(1) The Secretary of
the Army shall provide for housing male recruits and female
recruits separately and securely from each other during basic
training.
``(2) To meet the requirements of paragraph (1), the
sleeping areas and latrine areas provided for male recruits
shall be physically separated from the sleeping areas and
latrine areas provided for female recruits by permanent walls,
and the areas for male recruits and the areas for female
recruits shall have separate entrances.
``(3) The Secretary shall ensure that, when a recruit is in
an area referred to in paragraph (2), the area is supervised
byone or more persons who are authorized and trained to supervise the
area.
``(b) Alternative Separate Housing.--If male recruits and
female recruits cannot be housed as provided under subsection
(a) by October 1, 2001, at a particular installation, the
Secretary of the Army shall require (on and after that date)
that male recruits in basic training at such installation be
housed in barracks or other troop housing facilities that are
only for males and that female recruits in basic training at
such installation be housed in barracks or other troop housing
facilities that are only for females.
``(c) Construction Planning.--In planning for the
construction of housing to be used for housing recruits during
basic training, the Secretary of the Army shall ensure that the
housing is to be constructed in a manner that facilitates the
housing of male recruits and female recruits separately and
securely from each other.
``(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 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 housing for male and female
recruits.
``Sec. 6931. Recruit basic training: separate housing for male and
female recruits
``(a) Physically Separate Housing.--(1) The Secretary of
the Navy shall provide for housing male recruits and female
recruits separately and securely from each other during basic
training.
``(2) To meet the requirements of paragraph (1), the
sleeping areas and latrine areas provided for male recruits
shall be physically separated from the sleeping areas and
latrine areas provided for female recruits by permanent walls,
and the areas for male recruits and the areas for female
recruits shall have separate entrances.
``(3) The Secretary shall ensure that, when a recruit is in
an area referred to in paragraph (2), the area is supervised by
one or more persons who are authorized and trained to supervise
the area.
``(b) Alternative Separate Housing.--If male recruits and
female recruits cannot be housed as provided under subsection
(a) by October 1, 2001, at a particular installation, the
Secretary of the Navy shall require (on and after that date)
that male recruits in basic training at such installation be
housed in barracks or other troop housing facilities that are
only for males and that female recruits in basic training at
such installation be housed in barracks or other troop housing
facilities that are only for females.
``(c) Construction Planning.--In planning for the
construction of housing to be used for housing recruits during
basic training, the Secretary of the Navy shall ensure that the
housing is to be constructed in a manner that facilitates the
housing of male recruits and female recruits separately and
securely from each other.
``(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 housing for male and
female recruits
``(a) Physically Separate Housing.--(1) The Secretary of
the Air Force shall provide for housing male recruits and
female recruits separately and securely from each other during
basic training.
``(2) To meet the requirements of paragraph (1), the
sleeping areas and latrine areas provided for male recruits
shall be physically separated from the sleeping areas and
latrine areas provided for female recruits by permanent walls,
and the areas for male recruits and the areas for female
recruits shall have separate entrances.
``(3) The Secretary shall ensure that, when a recruit is in
an area referred to in paragraph (2), the area is supervised by
one or more persons who are authorized and trained to supervise
the area.
``(b) Alternative Separate Housing.--If male recruits and
female recruits cannot be housed as provided under subsection
(a) by October 1, 2001, at a particular installation, the
Secretary of the Air Force shall require (on and after that
date) that male recruits in basic training at such installation
be housed in barracks or other troop housing facilities that
are only for males and that female recruits in basic training
at such installation be housed in barracks or other troop
housing facilities that are only for females.
``(c) Construction Planning.--In planning for the
construction of housing to be used for housing recruits during
basic training, the Secretary of the Air Force shall ensure
that the housing is to be constructed in a manner that
facilitates the housing of male recruits and female recruits
separately and securely from each other.
``(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 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.
(d) GAO Review of Costs of Separate Housing Facilities for
Male and Female Recruits During Recruit Basic Training.--Not
later than March 1, 1999, the Comptroller General shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on the costs that would be incurred by each of the
military departments if required to provide housing for male
and female recruits during basic training in separate
structures. The report shall be prepared separately for each of
the Army, Navy, and Air Force and shall be based on reviews and
cost analyses prepared independently of the Department of
Defense.
SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS DURING BASIC TRAINING.
(a) 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 living area
in 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 in that living area or to superiors in
the chain of command of those recruits who, if not of the same
sex as the recruits housed in that living area, are accompanied
by a member (other than a recruit) who is of the same sex as
the recruits housed in that living area.''.
(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.
(b) 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
living area in 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 in
that living area or to superiors in the chain of command of
those recruits who, if not of the same sex as the recruits
housed in that living area, are accompanied by a member (other
than a recruit) who is of the same sex as the recruits housed
in that living area.''.
(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.
(c) 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 military training instructors and other training personnel
to a living area in 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 military training instructors and other
training personnel who are of the same sex as the recruits
housed in that living area or to superiors in the chain of
command of those recruits who, if not of the same sex as the
recruits housed in that living area, are accompanied by a
member (other than a recruit) who is of the same sex as the
recruits housed in that living area.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 9319,
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. SENSE OF THE HOUSE OF REPRESENTATIVES RELATING TO SMALL UNIT
ASSIGNMENTS BY GENDER DURING RECRUIT BASIC
TRAINING.
It is the sense of the House of Representatives that the
Secretary of each military department should require that
during recruit basic training male recruits and female recruits
be assigned to separate units at the small unit levels
designated by the different services as platoons, divisions, or
flights, as recommended in the report of the Federal Advisory
Committee on Gender-Integrated Training and Related Issues,
chaired by Nancy Kassebaum-Baker, that was submitted to the
Secretary of Defense on December 16, 1997.
SEC. 524. 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. 525. 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) Study of Need and Criteria for New Decoration.--(1) The
Secretary of Defense shall carry out a study of the need for,
and the appropriate criteria 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) Recommendation to Congress.--Not later than July 31,
1999, the Secretary shall submit to Congress a report setting
forth the Secretary's recommendation concerning the need for,
and propriety of, each of the possible new decorations referred
to in subsection (a).
(c) 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 CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not apply
to awards of decorations described in this section, the award
of each such decoration having been determined by the Secretary
of the military department concerned to be warranted in
accordance with section 1130 of title 10, United States Code.
(b) Distinguished-Service Cross.--Subsection (a) applies to
the award of the Distinguished-Service Cross of the Army as
follows:
(1) To Isaac Camacho of El Paso, Texas, for
extraordinary heroism in actions at Camp Hiep Hoa in
Vietnam on November 24, 1963, while serving as a member
of the Army.
(2) To Bruce P. Crandall of Mesa, Arizona, for
extraordinary heroism in actions at Landing Zone X-Ray
in Vietnam on November 14, 1965, while serving as a
member of the Army.
(3) To Leland B. Fair of Jessieville, Arkansas, for
extraordinary heroism in actions in the Philippine
Islands on July 4, 1945, while serving as a member of
the Army.
(c) Distinguished-Service Medal.--Subsection (a) applies to
the award of the Distinguished-Service Medal of the Army to
Richard P. Sakakida of Fremont, California, for exceptionally
meritorious service while a prisoner of war in the Philippine
Islands from May 7, 1942, to September 14, 1945, while serving
as a member of the Army.
(d) Navy Cross.--Subsection (a) applies to the posthumous
award of the Navy Cross to Joseph F. Keenan for extraordinary
heroism in actions on March 26-27, 1953, while serving as a
member of the Navy.
(e) Silver Star Medal.--Subsection (a) applies to the award
of the Silver Star Medal of the Navy to Andrew A. Bernard of
Methuen, Massachusetts, for gallantry in action on November 24,
1943, while serving as a member of the Navy.
(f) Distinguished Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service during
World War II or Korea (including multiple awards to the same
individual) in the case of each individual (not covered by
section 573(d) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1757))
concerning whom the Secretary of the Navy (or an officer of the
Navy acting on behalf of the Secretary) submitted to the
Committee on National Security of the House of Representatives
and the Committee on Armed Services of the Senate, before the
date of the enactment of this Act, a notice as provided in
section 1130(b) of title 10, United States Code, that the award
of the Distinguished Flying Cross to that individual is
warranted and that a waiver of time restrictions prescribed by
law for recommendation for such award is recommended.
SEC. 533. COMMENDATION AND COMMEMORATION 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 United States nationals,
policies, and possessions in the Far East.
(2) The sailors and Marines of the Asiatic Fleet
ensured the safety of United States 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 courageously fought many
battles against superior Japanese forces.
(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 during the period from 1910 to 1942; and
(2) honors those who gave their lives in the line
of duty while serving in the Asiatic Fleet.
(c) Commemoration of United States Navy Asiatic Fleet.--The
President is authorized and requested to issue a proclamation
designating an appropriate commemoration of the United States
Navy Asiatic Fleet and calling upon the people of the United
States to observe such commemoration with appropriate programs,
ceremonies, and activities.
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 the 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,
OTHER NATIONS, AND INDIGENOUS GROUPS 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) Indigenous groups, such as the Hmong, Nung,
Montagnard, Kahmer, Hoa Hao, and Cao Dai contributed
military forces, together with the United States,
during military operations conducted in Southeast Asia
during the Vietnam conflict.
(3) The contributions of these combat forces
continued through long years of armed conflict.
(4) 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.
(5) The service of the Vietnamese, indigenous
groups, 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, as well as members of the Hmong,
Nung, Montagnard, Kahmer, Hoa Hao, and Cao Dai, 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.
SEC. 537. PROHIBITION ON MEMBERS OF ARMED FORCES ENTERING CORRECTIONAL
FACILITIES TO PRESENT DECORATIONS TO PERSONS WHO
HAVE COMMITTED SERIOUS VIOLENT FELONIES.
(a) Prohibition.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1132. Presentation of decorations: prohibition on entering
correctional facilities for presentation to
prisoners convicted of serious violent felonies
``(a) Prohibition.--A member of the armed forces may not
enter a Federal, State, local, or foreign correctional facility
to present a decoration to a person who is incarcerated due to
conviction of a serious violent felony.
``(b) Definitions.--In this section:
``(1) The term `decoration' means any decoration or
award that may be presented or awarded to a member of
the armed forces.
``(2) The term `serious violent felony' has the
meaning given that term in section 3559(c)(2)(F) of
title 18.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that chapter is amended by adding at the end the
following new item:
``1132. Presentation of decorations: prohibition on entering
correctional facilities for presentation to prisoners
convicted of serious violent felonies.''.
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 applications
before Corrections Boards
``(a) Ten-Month Clearance Percentage.--Of the applications
received by a Corrections Board during a period specified in
the following table, the percentage on which final action by
the Corrections Board must be completed within 10 months of
receipt (other than for those applications considered suitable
for administrative correction) is as follows:
The percentage on which final
``For applications Correction Board action
received during-- must be completed 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 2007........... 70
the period of fiscal years 2008, 2009, and 2010........... 80
the period of any fiscal year after fiscal year 2010...... 90.
``(b) Clearance Deadline for All Applications.--Effective
October 1, 2002, final action by a Corrections Board on all
applications received by the Corrections Board (other than
those applications 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 application from
the timeliness standards prescribed in subsections (a) and (b)
if the Secretary determines that the application warrants a
longer period of consideration. The authority of the Secretary
of a military department under this subsection may not be
delegated.
``(d) Failure To Meet Timeliness Standards Not To Affect
Any Individual Application.--Failure of a Corrections Board to
meet the applicable timeliness standard for any period of time
under subsection (a) or (b) does not confer any presumption or
advantage with respect to consideration by the board of any
application.
``(e) 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 applicable timeliness standard for that
fiscal year under 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.
``(f) 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 applications before
Corrections Boards.''.
SEC. 545. SCOPE OF CORRECTION OF MILITARY RECORDS.
(a) Payment of Claims Arising From Correction.--Subsection
(c) of section 1552 of title 10, United States Code, is amended
in the first sentence by inserting before the period the
following: ``, or on account of his or another's service as a
civilian employee''.
(b) Definition of Military Record.--Such section is further
amended by adding at the end the following new subsection:
``(g) In this section, the term `military record' means a
document or other record that pertains to (1) an individual
member or former member of the armed forces, or (2) at the
discretion of the Secretary of the military department
concerned, any other military matter affecting a member or
former member of the armed forces, an employee or former
employee of that military department, or a dependent or current
or former spouse of any such person. Such term does not include
records pertaining to civilian employment matters (such as
matters covered by title 5 and chapters 81, 83, 87, 108, 373,
605, 607, 643, and 873 of this title).''.
(c) Report.--The Secretary of Defense shall submit to
Congress, not later than March 31, 1999, a report on the effect
of the six-year bar to retroactive benefits contained in
section 3702 of title 31, United States Code, and the
Secretary's recommendation as to whether it is appropriate for
the Secretaries of the military departments to have authority
to waive that limitation in selected cases involving
implementation of decisions of the Secretary of a military
department under chapter 79 of title 10, United States Code.
The report shall be prepared in consultation with the
Secretaries of the military departments.
Subtitle F--Reports
SEC. 551. REPORT ON PERSONNEL RETENTION.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report containing information on the
retention of members of the Armed Forces on active duty in the
combat, combat support, and combat service support forces of
the Army, Navy, Air Force, and Marine Corps.
(b) Required Information.--The Secretary shall include in
the report information on retention of members with military
occupational specialties (or the equivalent) in combat, combat
support, or combat service support positions in each of the
Army, Navy, Air Force, and Marine Corps. Such information shall
be shown by pay grade and shall be aggregated by enlisted
grades and officers grades and shall be shown by military
occupational specialty (or the equivalent). The report shall
set forth separately (in numbers and as a percentage) the
number of members separated during each such fiscal year who
terminate service in the Armed Forces completely and the number
who separate from active duty by transferring into a reserve
component.
(c) Years Covered by Report.--The report shall provide the
information required in the report, shown on a fiscal year
basis, for each of fiscal years 1989 through 1998.
SEC. 552. 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) Consideration of Alternatives.--In preparing the
report, the Secretary shall examine alternatives, including
random selection, to the current system of selection of members
of courts-martial by the convening authority. Any alternative
examined by the Secretary shall be consistent with the
provisions relating to service on courts-martial specified in
section 825(d) of title 10, United States Code (article 25(d)
of the Uniform Code of Military Justice). The Secretary shall
include in the report the Secretary's evaluation of each
alternative examined.
(c) Views of Code Committee.--In preparing the report under
subsection (a), the Secretary shall obtain the views of the
members of the committee referred to in section 946 of such
title (known as the ``Code Committee'').
SEC. 553. 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 theSecretary
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. 554. REVIEW AND REPORT REGARDING THE DISTRIBUTION OF NATIONAL
GUARD FULL-TIME SUPPORT AMONG THE STATES.
(a) Requirement for Review.--The Chief of the National
Guard Bureau shall review the process used for allocating and
distributing all categories of full-time support personnel
among the States for the National Guard of the States.
(b) Purpose of Review.--The purpose of the review is to
determine whether that allocation and distribution process
provides for adequately meeting the full-time support personnel
requirements of the National Guard in the case of those States
that have fewer than 16 National Guard units categorized in
readiness tiers I, II, and III.
(c) Matters To Be Reviewed.--The matters reviewed shall
include the following:
(1) The factors considered for the process of
determining the distribution among the States of full-
time support personnel, including the weights assigned
to those factors.
(2) The extent to which that process results in
full-time support personnel levels for the units of the
States described in subsection (b) that are at the
levels necessary to optimize the preparedness of those
units to meet the mission requirements applicable to
those units.
(3) The effects that full-time support personnel at
levels determined under that process will have on the
National Guard of those States in the future, including
the effects on all categories of full-time support
personnel, and unit readiness, recruitment, and
continued use of existing National Guard armories and
other facilities.
(d) Report.--Not later than March 15, 1999, the Chief of
the National Guard Bureau shall submit to the Secretary of
Defense a report on the results of the review. Not later than
April 30, 1999, the Secretary shall transmit the report, and
the Secretary's evaluation of and comments on the report, to
theCommittee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives.
Subtitle G--Other Matters
SEC. 561. TWO-YEAR EXTENSION OF CERTAIN FORCE DRAWDOWN TRANSITION
AUTHORITIES RELATING TO PERSONNEL MANAGEMENT AND
BENEFITS.
(a) Early Retirement Authority for Active Force Members.--
Section 4403(i) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by striking
out ``October 1, 1999'' and inserting in lieu thereof ``October
1, 2001''.
(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,
2001''.
(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, 2001''.
(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, 2001''.
(e) Minimum 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, 2001''.
(f) Travel, Transportation, and Storage Benefits.--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 (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, 2001''.
(g) Educational Leave for Public and Community Service.--
Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by striking
out ``September 30, 1999'' and inserting in lieu thereof
``September 30, 2001''.
(h) Transitional Health Benefits.--Section 1145 of title
10, United States Code, is amended--
(1) 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, 2001''; and
(2) 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, 2001''.
(i) Transitional Commissary and Exchange Benefits.--Section
1146 of such title is amended--
(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, 2001''; and
(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, 2001''.
(j) Transitional Use of Military Housing.--Section 1147(a)
of such title is amended--
(1) 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, 2001'';
and
(2) 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, 2001''.
(k) Continued Enrollment of Dependents in Defense
Dependents' Education System.--Section 1407(c)(1) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 926(c)(1))
is amended by striking out ``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, 2001''.
(l) 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, 2001''.
(m) 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, 2001''.
(n) 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, 2001''.
(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, 2001''.
(o) Reduction of Time-in-Grade Requirement for Retention of
Grade Upon Voluntary Retirement.--Section 1370(d) of such title
is amended by adding at the end the following new paragraph:
``(5) The Secretary of Defense may authorize the Secretary
of a military department to reduce the three-year period
required by paragraph (3)(A) to a period not less than two
years in the case of retirements effective during the period
beginning on the date of the enactment of this paragraph and
ending on September 30, 2001. The number of reserve
commissioned officers of an armed force in the same grade for
whom a reduction is made during any fiscal year in the period
of service-in-grade otherwise required under this paragraph may
not exceed the number equal to two percent of the strength
authorized for that fiscal year for reserve commissioned
officers of that armed force in an active status in that
grade.''.
(p) Affiliation With Guard and Reserve Units; Waiver of
Certain Limitations.--Section 1150(a) of such title is amended
by striking out ``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, 2001''.
(q) 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, 2001''.
SEC. 562. LEAVE WITHOUT PAY FOR SUSPENDED ACADEMY CADETS AND
MIDSHIPMEN.
(a) Authority.--Section 702 of title 10, United States
Code, is amended--
(1) by designating the second sentence of
subsection (b) as subsection (d);
(2) by redesignating subsection (b) as subsection
(c); and
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Involuntary Leave Without Pay for Suspended Academy
Cadets and Midshipmen.--(1) Under regulations prescribed under
subsection (d), the Secretary concerned may place an academy
cadet or midshipman on involuntary leave for any period during
which the Superintendent of the Academy at which the cadet or
midshipman is admitted has suspended the cadet or midshipman
from duty at the Academy--
``(A) pending separation from the Academy;
``(B) pending return to the Academy to repeat an
academic semester or year; or
``(C) for other good cause.
``(2) A cadet or midshipman placed on involuntary leave
under paragraph (1) is not entitled to any pay under section
230(c) of title 37 for the period of the leave.
``(3) Return of an academy cadet or midshipman to a pay
status at the Academy concerned from involuntary leave status
under paragraph (1) does not restore any entitlement of the
cadet or midshipman to pay for the period of the involuntary
leave.''.
(b) Definition.--Such section is further amended--
(1) in subsection (c) (as redesignated by
subsection (a)(2)), by striking out ``cadets at'' and
all that follows through ``Naval Academy,'' and
inserting in lieu thereof ``academy cadets or
midshipmen''; and
(2) by adding at the end the following new
subsection:
``(e) Definition.--In this section, the term `academy cadet
or midshipman' means--
``(1) a cadet of the United States Military
Academy;
``(2) a midshipman of the United States Naval
Academy;
``(3) a cadet of the United States Air Force
Academy; or
``(4) a cadet of the United States Coast Guard
Academy.''.
(c) Subsection Headings.--Such section is further amended--
(1) in subsection (a), by inserting ``Graduation
Leave.--'' after ``(a)'';
(2) in subsection (c) (as redesignated by
subsection (a)(2)), by inserting ``Inapplicable Leave
Provisions.--'' after ``(c)''; and
(3) in subsection (d) (as designated by subsection
(a)(1)), by inserting ``Regulations.--'' after ``(d)''.
SEC. 563. CONTINUED ELIGIBILITY UNDER VOLUNTARY SEPARATION INCENTIVE
PROGRAM FOR MEMBERS WHO INVOLUNTARILY LOSE
MEMBERSHIP IN A RESERVE COMPONENT.
(a) Period of Eligibility.--Subsection (a) of section 1175
of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking out ``, for the period of time the
member serves in a reserve component''; and
(3) by adding at the end the following:
``(2)(A) Except as provided in subparagraph (B), a
financial incentive provided a member under this section shall
be paid for the period equal to twice the number of years of
service of the member, computed as provided in subsection
(e)(5).
``(B) If, before the expiration of the period otherwise
applicable under subparagraph (A) to a member receiving a
financial incentive under this section, the member is separated
from a reserve component or is transferred to the Retired
Reserve, the period for payment of a financial incentive to the
member under this section shall terminate on the date of the
separation or transfer unless--
``(i) the separation or transfer is required by
reason of the age or number of years of service of the
member;
``(ii) the separation or transfer is required by
reason of the failure of selection for promotion or the
medical disqualification of the member, except in a
case in which the Secretary of Defense or the Secretary
of Transportation determines that the basis for the
separation or transfer is a result of a deliberate
action taken by the member with the intent to avoid
retention in the Ready Reserve or Standby Reserve; or
``(iii) in the case of a separation, the member is
separated from the reserve component for appointment or
enlistment in or transfer to another reserve component
of an armed force for service in the Ready Reserve or
Standby Reserve of that armed force.''.
(b) Repeal of Superseded Provision.--Subsection (e)(1) of
such section is amended by striking out the second sentence.
(c) Effective Date.--The amendments made by this section
apply 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. 564. REINSTATEMENT OF DEFINITION OF FINANCIAL INSTITUTION IN
AUTHORITIES FOR REIMBURSEMENT OF DEFENSE PERSONNEL
FOR GOVERNMENT ERRORS IN DIRECT DEPOSIT OF PAY.
(a) Members of the Armed Forces.--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 Personnel.--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. 565. INCREASE IN MAXIMUM AMOUNT FOR COLLEGE FUND PROGRAM.
(a) Increase in Maximum Rate for Active Component
Montgomery GI Bill Supplement.--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 amendments made by subsection (a)
shall take effect on October 1, 1998, and shall apply with
respect to individuals who first become members of the Armed
Forces on or after that date.
SEC. 566. 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. 567. MILITARY FUNERAL HONORS FOR VETERANS.
(a) Conference on Practices Concerning Military Honors at
Funerals for Veterans.--(1) The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
convene and preside over a conference, to be completed not
later than December 31, 1998, for the purpose of determining
means of improving and increasing the availability of military
funeral honors for veterans. The Secretary of Veterans Affairs
shall also participate in the conference.
(2) The Secretaries shall invite and encourage the
participation at the conference of appropriate representatives
of veterans service organizations.
(3) The conference shall perform the following:
(A) Review current policies and practices of the
military departments and the Department of Veterans
Affairs relating to the provision of military funeral
honors for veterans.
(B) Consider alternative methods for providing
military funeral honors for veterans and develop new
strategies for providing those honors.
(C) Determine what resources may be available
outside the Department of Defense that could be used to
provide military funeral honors for veterans.
(D) Analyze the costs associated with providing
military funeral honors for veterans, including the
costs associated with using personnel and other
resources for that purpose.
(E) Assess trends in the rate of death of veterans.
(F) Propose, consider, and determine means of
improving and increasing the availability of military
funeral honors for veterans.
(4) Not later than March 31, 1999, the Secretary of Defense
shall submit to Congress a report on the conference. The report
shall set forth any modifications to Department of Defense
directives on military funeral honors adopted as a result of
the conference and include any recommendations for legislation
that the Secretary considers appropriate as a result of the
conference.
(b) Honor Guard Details at Funerals of Veterans.--(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 that occurs after December 31, 1999.
``(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,
the cost for that support, shown by manpower and other cost
factors, and the number and costs of funerals supportedby 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.''.
(c) 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.''.
(d) 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).
(e) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means any
organization recognized by the Secretary of Veterans Affairs
under section 5902 of title 38, United States Code.
SEC. 568. STATUS IN THE NAVAL RESERVE OF CADETS AT THE MERCHANT MARINE
ACADEMY.
Section 1303(c) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1295(c)), is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking out ``may'' and inserting in lieu
thereof ``shall''; and
(3) by adding at the end the following:
``(2) The Secretary of the Navy shall provide for cadets of
the Academy who are midshipmen in the United States Naval
Reserve to be issued an identification card (referred to as a
``military ID card'') and to 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.
``(3) The Secretary of the Navy shall carry out paragraphs
(1) and (2) in coordination with the Secretary.''.
SEC. 569. REPEAL OF RESTRICTION ON CIVILIAN EMPLOYMENT OF ENLISTED
MEMBERS.
(a) Repeal.--Section 974 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 49 of such title is amended by striking
out the item relating to section 974.
SEC. 570. TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENT CHILDREN NOT
RESIDING WITH THE SPOUSE OR FORMER SPOUSE OF A
MEMBER CONVICTED OF DEPENDENT ABUSE.
(a) Entitlement Not Conditioned on Forfeiture of Spousal
Compensation.--Subsection (d) of section 1059 of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``(except as otherwise
provided in this subsection)''; and
(B) by inserting before the period the
following: ``, including an amount (determined
under subsection (f)(2)) for each, if any,
dependent child of the individual described in
subsection (b) who resides in the same
household as that spouse or former spouse'';
(2) in paragraph (2)--
(A) by striking out ``(but for subsection
(g)) would be eligible'' and inserting in lieu
thereof ``is or, but for subsection (g), would
be eligible''; and
(B) by striking out ``such compensation''
and inserting in lieu thereof ``compensation
under this section''; and
(3) in paragraph (4), by striking out ``For
purposes of paragraphs (2) and (3)'' and inserting in
lieu thereof ``For purposes of this subsection''.
(b) Amount of Payment.--Subsection (f)(2) of such section
is amended by striking out ``has custody of a dependent child
or children of the member'' and inserting in lieu thereof ``has
custody of a dependent child of the member who resides in the
same household as that spouse or former spouse''.
(c) Prospective Applicability.--No benefits shall accrue by
reason of the amendments made by this section for any month
that begins before the date of the enactment of this Act.
SEC. 571. PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL DIPLOMA
RECIPIENTS AS HIGH SCHOOL GRADUATES FOR
DETERMINATIONS OF ELIGIBILITY FOR ENLISTMENT IN THE
ARMED FORCES.
(a) Program Required.--The Secretary of Defense shall
establish a pilot program to assess whether the Armed Forces
could better meet recruiting requirements by treating GED
recipients and home school diploma recipients as having
graduated from high school with a high school diploma for the
purpose of determining the eligibility of those persons to
enlist in the Armed Forces. The Secretary of each military
department shall administer the pilot program for the armed
force or armed forces under the jurisdiction of that Secretary.
(b) Persons Eligible Under the Pilot Program as High School
Graduates.--Under the pilot program, a person shall be treated
as having graduated from high school with a high school diploma
for the purpose described in subsection (a) if--
(1) the person has completed a general education
development program while participating in the National
Guard Challenge Program under section 509 of title 32,
United States Code, and is a GED recipient; or
(2) the person is a home school diploma recipient
and provides a transcript demonstrating completion of
high school to the military department involved under
the pilot program.
(c) GED and Home School Diploma Recipients.--For the
purposes of this section--
(1) a person is a GED recipient if the person,
after completing a general education development
program, has obtained certification of high school
equivalency by meeting State requirements and passing a
State approved exam that is administered for the
purpose of providing an appraisal of the person's
achievement or performance in the broad subject matter
areas usually required for high school graduates; and
(2) a person is a home school diploma recipient if
the person has received a diploma for completing a
program of education through the high school level at a
home school, without regard to whether the home school
is treated as a private school under the law of the
State in which located.
(d) Annual Limit on Number.--Not more than 1,250 GED
recipients and home school diploma recipients enlisted by an
armed force during a fiscal year may be treated under the pilot
program as having graduated from high school with a high school
diploma.
(e) Duration of Pilot Program.--The pilot program shall be
in effect during the period beginning on October 1, 1998, and
ending on September 30, 2003.
(f) Report.--Not later than February 1, 2004, 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 pilot program. The report
shall include the following, set forth separately for GED
recipients and home school diploma recipients:
(1) The assessment of the Secretary of Defense, and
any assessment of any of the Secretaries of the
military departments,regarding the value of, and any
necessity for, authority to treat GED recipients and home school
diploma recipients as having graduated from high school with a high
school diploma for the purpose of determining the eligibility of those
persons to enlist in the Armed Forces.
(2) A comparison (shown by armed force and by each
fiscal year of the pilot program) of the performance of
the persons who enlisted during the fiscal year as GED
or home school diploma recipients treated under the
pilot program as having graduated from high school with
a high school diploma with the performance of the
persons who enlisted in that armed force during the
same fiscal year after having graduated from high
school with a high school diploma, with respect to the
following:
(A) Attrition.
(B) Discipline.
(C) Adaptability to military life.
(D) Aptitude for mastering the skills
necessary for technical specialties.
(E) Reenlistment rates.
(g) State Defined.--For purposes of this section, the term
``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, and the territories of the United States.
SEC. 572. SENSE OF CONGRESS CONCERNING NEW PARENT SUPPORT PROGRAM AND
MILITARY FAMILIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the New Parent Support Program that was begun
as a pilot program of the Marine Corps at Camp
Pendleton, California, has been an effective tool in
curbing family violence within the military community;
(2) such program is a model for future New Parent
Support Programs throughout the Marine Corps, Navy,
Army, and Air Force; and
(3) in light of the pressures and strains placed
upon military families and the benefits of the New
Parent Support Program in helping ``at-risk'' families,
the Department of Defense should seek ways to ensure
that in future fiscal years funds are made available
for New Parent Support Programs for the Army, Navy, Air
Force, and Marine Corps in amounts sufficient to meet
requirements for those programs.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the New Parent Support Program of the
Department of Defense. The Secretary shall include in the
report the following:
(1) A description of how the Army, Navy, Air Force,
and Marine Corps are each implementing a New Parent
Support Program and how each such program is organized.
(2) A description of how the implementation of
programs for the Army, Navy, and Air Force compare to
the fully implemented Marine Corps program.
(3) The number of installations that the four Armed
Forces have each scheduled to receive support for the
New Parent Support Program.
(4) The number of installations delayed in
providing the program.
(5) The number of programs terminated.
(6) The number of programs with reduced support.
(7) The funding provided for those programs for
each of the four Armed Forces for each of fiscal years
1994 through 1999 and the amount projected to be
provided for those programs for fiscal year 2000 and,
if the amount provided for any of those programs for
any such year is less that the amount needed to fully
fund that program for that year, an explanation of the
reasons for the shortfall.
SEC. 573. ADVANCEMENT OF BENJAMIN O. DAVIS, JUNIOR, TO GRADE OF GENERAL
ON THE RETIRED LIST OF THE AIR FORCE.
(a) Authority.--The President is authorized to advance
Lieutenant General Benjamin O. Davis, Junior, United StatesAir
Force, retired, to the grade of general on the retired list of the Air
Force.
(b) Additional Benefits Not To Accrue.--An advancement of
Benjamin O. Davis, Junior, to the grade of general on the
retired list of the Air Force under subsection (a) shall not
increase or change the compensation or benefits from the United
States to which any person is now or may in the future be
entitled based upon the military service of the said Benjamin
O. Davis, Junior.
SEC. 574. SENSE OF THE HOUSE OF REPRESENTATIVES CONCERNING ADHERENCE BY
CIVILIANS IN MILITARY CHAIN OF COMMAND TO THE
STANDARD OF EXEMPLARY CONDUCT REQUIRED OF
COMMANDING OFFICERS AND OTHERS IN AUTHORITY IN THE
ARMED FORCES.
It is the sense of the House of Representatives that
civilians in the military chain of command (as provided in
section 162(b) of title 10, United States Code) should (in the
same manner as is required by law of commanding officers and
others in authority in the Armed Forces)--
(1) show in themselves a good example of virtue,
honor, and patriotism and subordinate themselves to
those ideals;
(2) be vigilant in inspecting the conduct of all
persons who are placed under their command;
(3) guard against and put an end to all dissolute
and immoral practices and correct, according to the
laws and regulations of the Armed Forces, all persons
who are guilty of them; and
(4) 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.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1999.
Sec. 602. Rate of pay for cadets and midshipmen at the service
academies.
Sec. 603. Basic allowance for housing outside the United States.
Sec. 604. Basic allowance for subsistence for reserves.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Three-month extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. Three-month extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses,
and nurse anesthetists.
Sec. 613. Three-month extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Increased hazardous duty pay for aerial flight crewmembers in
certain pay grades.
Sec. 615. Aviation career incentive pay and aviation officer retention
bonus.
Sec. 616. Diving duty special pay for divers having diving duty as a
nonprimary duty.
Sec. 617. Hardship duty pay.
Sec. 618. Selective reenlistment bonus eligibility for Reserve members
performing active Guard and Reserve duty.
Sec. 619. Repeal of ten percent limitation on certain selective
reenlistment bonuses.
Sec. 620. Increase in maximum amount authorized for Army enlistment
bonus.
Sec. 621. Equitable treatment of Reserves eligible for special pay for
duty subject to hostile fire or imminent danger.
Sec. 622. Retention incentives initiative for critically short military
occupational specialties.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payments for movements of household goods arranged by members.
Sec. 632. Exception to maximum weight allowance for baggage and
household effects.
Sec. 633. Travel and transportation allowances for travel performed by
members in connection with rest and recuperative leave from
overseas stations.
Sec. 634. Storage of baggage of certain dependents.
Sec. 635. Commercial travel of Reserves at Federal supply schedule rates
for attendance at inactive-duty training assemblies.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. Paid-up coverage under Survivor Benefit Plan.
Sec. 642. Survivor Benefit Plan open enrollment period.
Sec. 643. Effective date of court-required former spouse Survivor
Benefit Plan coverage effectuated through elections and deemed
elections.
Sec. 644. Presentation of United States flag to members of the Armed
Forces upon retirement.
Sec. 645. Recovery, care, and disposition of remains of medically
retired member who dies during hospitalization that begins
while on active duty.
Sec. 646. Revision to computation of retired pay for certain members.
Sec. 647. Elimination of backlog of unpaid retired pay.
Subtitle E--Other Matters
Sec. 651. Definition of possessions of the United States for pay and
allowances purposes.
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 health professions
officers serving in Selected Reserve.
Sec. 655. Federal employees' compensation coverage for students
participating in certain officer candidate programs.
Sec. 656. Relationship of enlistment bonuses to eligibility to receive
Army college fund supplement under Montgomery GI Bill
Educational Assistance Program.
Sec. 657. Authority to provide financial assistance for education of
certain defense dependents overseas.
Sec. 658. Clarifications concerning payments to certain persons captured
or interned by North Vietnam.
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. RATE OF PAY FOR CADETS AND MIDSHIPMEN AT THE SERVICE
ACADEMIES.
(a) Increased Rate.--Section 203(c) of title 37, United
States Code, is amended by striking out ``$558.04'' and
inserting in lieu thereof ``$600.00''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1999.
SEC. 603. 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 respectto 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. 604. 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. THREE-MONTH EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f) of title 37, United
States Code, is amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``December 31, 1999''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of title 37, United States Code, is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``December
31, 1999''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
title 37, United States Code, is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``December
31, 1999''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of title 37, United
States Code, is amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``December 31, 1999''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
title 37, United States Code, is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``December
31, 1999''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of title 37, United States Code, is amended by
striking out ``September 30, 1999'' and inserting in lieu
thereof ``December 31, 1999''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of
title 37, United States Code, as redesignated by section 622,
is amended by striking out ``September 30, 1999'' and inserting
in lieu thereof ``December 31, 1999''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking out ``October 1, 1999'' and inserting in lieu thereof
``January 1, 2000''.
SEC. 612. THREE-MONTH EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking out ``September 30, 1999'' and inserting in lieu
thereof ``December 31, 1999''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1999'' and inserting in lieu
thereof ``December 31, 1999''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1999'' and inserting in lieu
thereof ``December 31, 1999''.
SEC. 613. THREE-MONTH EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking out
``September 30, 1999,'' and inserting in lieu thereof
``December 31, 1999,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of title 37, United States Code, is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``December
31, 1999''.
(c) Enlistment Bonuses for Members With Critical Skills.--
Sections 308a(c) and 308f(c) of title 37, United States Code,
are each amended by striking out ``September 30, 1999'' and
inserting in lieu thereof ``December 31, 1999''.
(d) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``December 31, 1999''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of
title 37, United States Code, is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``December
31, 1999''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of title 37, United States Code, is amended by striking out
``October 1, 1999'' and inserting in lieu thereof ``October 1,
1998, and the 15-month period beginning on that date and ending
on December 31, 1999''.
SEC. 614. INCREASED HAZARDOUS DUTY PAY FOR AERIAL FLIGHT CREWMEMBERS IN
CERTAIN PAY GRADES.
(a) Rates.--The table in section 301(b) of title 37, United
States Code, is amended by striking out the items relating to
pay grades E-4, E-5, E-6, E-7, E-8, and E-9, and inserting in
lieu thereof the following:
``E-9......................................................... 240
E-8.......................................................... 240
E-7.......................................................... 240
E-6.......................................................... 215
E-5.......................................................... 190
E-4.......................................................... 165''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1998, and shall apply with
respect to months beginning on or after that date.
SEC. 615. 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 (including Monthly
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. 616. DIVING DUTY SPECIAL PAY FOR DIVERS HAVING DIVING DUTY AS A
NONPRIMARY DUTY.
(a) Eligibility for Maintaining Proficiency.--Section
304(a)(3) of title 37, United States Code, is amended to read
as follows:
``(3) either--
``(A) actually performs diving duty while
serving in an assignment for which diving is a
primary duty; or
``(B) meets the requirements to maintain
proficiency as described in paragraph (2) while
serving inan assignment that includes diving
duty other than as a primary duty.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1998, and shall apply with
respect to months beginning on or after that date.
SEC. 617. HARDSHIP DUTY PAY.
(a) Duty for Which Pay Authorized.--Section 305 of title
37, United States Code, is amended--
(1) in subsection (a), by striking out ``on duty at
a location'' and all that follows through the period at
the end of the subsection and inserting in lieu thereof
``performing duty in the United States or outside the
United States that is designated by the Secretary of
Defense as hardship duty.'';
(2) by striking out subsections (b) and (c);
(3) in subsection (d), by striking out ``hardship
duty location pay'' and inserting in lieu thereof
``hardship duty pay''; and
(4) by redesignating subsection (d) as subsection
(b).
(b) Conforming Amendment.--Section 907(d) of such title is
amended by striking out ``duty at a hardship duty location''
and inserting in lieu thereof ``hardship duty''.
(c) Clerical Amendments.--(1) The heading for section 305
of such title is amended to read as follows:
``Sec. 305. Special pay: hardship duty pay''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 5 of such title is amended
to read as follows:
``305. Special pay: hardship duty pay.''.
SEC. 618. 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--
``(i) in a regular component of the service
concerned; or
``(ii) in a reserve component of the
service concerned, if the member is performing
active Guard and Reserve duty (as defined in
section 101(d)(6) of title 10).''.
SEC. 619. REPEAL OF TEN PERCENT LIMITATION ON CERTAIN SELECTIVE
REENLISTMENT BONUSES.
Section 308(b) of title 37, United States Code, is
amended--
(1) by striking out paragraph (2); and
(2) by striking out ``(1)'' after ``(b)''.
SEC. 620. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR ARMY ENLISTMENT
BONUS.
Section 308f(a) of title 37, United States Code, is amended
by striking out ``$4,000'' and inserting in lieu thereof
``$6,000''.
SEC. 621. 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.''.
SEC. 622. RETENTION INCENTIVES INITIATIVE FOR CRITICALLY SHORT MILITARY
OCCUPATIONAL SPECIALTIES.
(a) Requirement for New Incentives.--The Secretary of
Defense shall establish and provide for members of the Armed
Forces qualified in critically short military occupational
specialties a series of new incentives that the Secretary
considers potentially effective for increasing the rates at
which thosemembers are retained in the Armed Forces for service
in such specialties.
(b) Critically Short Military Occupational Specialties.--
For the purposes of this section, a military occupational
specialty is a critically short military occupational specialty
for an Armed Force if the number of members retained in that
Armed Force in fiscal year 1998 for service in that specialty
is less than 50 percent of the number of members of that Armed
Force that were projected to be retained in that Armed Force
for service in the specialty by the Secretary of the military
department concerned as of October 1, 1997.
(c) Incentives.--It is the sense of Congress that, among
the new incentives established and provided under this section,
the Secretary of Defense should include the following
incentives:
(1) Family support and leave allowances.
(2) Increased special reenlistment or retention
bonuses.
(3) Repayment of educational loans.
(4) Priority of selection for assignment to
preferred permanent duty station or for extension at
permanent duty station.
(5) Modified leave policies.
(6) Special consideration for Government housing or
additional housing allowances.
(d) Relationship to Other Incentives.--Incentives provided
under this section are in addition to any special pay or other
benefit that is authorized under any other provision of law.
(e) Reports.--(1) Not later than December 1, 1998, the
Secretary of Defense shall submit to the congressional defense
committees a report that identifies, for each of the Armed
Forces, the critically short military occupational specialties
to which incentives under this section are to apply.
(2) Not later than April 15, 1999, the Secretary of Defense
shall submit to the congressional defense committees a report
that specifies, for each of the Armed Forces, the incentives
that are to be provided under this section.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PAYMENTS FOR MOVEMENTS OF HOUSEHOLD GOODS ARRANGED BY
MEMBERS.
(a) Monetary Allowance Authorized.--Subsection (b)(1) of
section 406 of title 37, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``, or reimbursement
therefor,''; and
(B) by inserting after the second sentence
the following new sentence: ``Alternatively,
the member may be paid reimbursement or a
monetary allowance under subparagraph (F).'';
and
(2) by adding at the end the following new
subparagraph:
``(F) A member entitled to transportation of baggage and
household effects under subparagraph (A) may, as an alternative
to the provision of transportation, be paid reimbursement or,
at the member's request, a monetary allowance in advance for
the cost of transportation of the baggage and household
effects. The monetary allowance may be paid only if the amount
of the allowance does not exceed the cost that would be
incurred by the Government under subparagraph (A) for the
transportation of the baggage and household effects.
Appropriations available to the Department of Defense, the
Department of Transportation, and the Department of Health and
Human Services for providing transportation of baggage or
household effects of members of the uniformed services shall be
available to pay a reimbursement or monetary allowance under
this subparagraph. The Secretary concerned may prescribe the
manner in which the risk of liability for damage, destruction,
or loss of baggage or household effects arranged, packed,
crated, or loaded by a member is allocated among the member,the
United States, and any contractor when a reimbursement or monetary
allowance is elected under this subparagraph.''.
(b) Repeal of Superseded Provision.--(1) Such section is
further amended--
(A) by striking out subsection (j); and
(B) by redesignating subsections (k), (l), and (m)
as subsections (j), (k), and (l), respectively.
(2) Section 2634(d) of title 10, United States Code, is
amended by striking out ``section 406(k)'' and inserting in
lieu thereof ``section 406(j)''.
SEC. 632. 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. 633. 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. 634. 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.''.
SEC. 635. COMMERCIAL TRAVEL OF RESERVES AT FEDERAL SUPPLY SCHEDULE
RATES FOR ATTENDANCE AT INACTIVE-DUTY TRAINING
ASSEMBLIES.
(a) Authority.--Chapter 1217 of title 10, United States
Code is amended by adding at the end the following new section:
``Sec. 12603. Attendance at inactive-duty training assemblies:
commercial travel at Federal supply schedule rates
``(a) Federal Supply Schedule Travel.--Commercial travel
under Federal supply schedules is authorized for the travel of
a Reserve to the location of inactive duty training tobe
performed by the Reserve and from that location upon completion of the
training.
``(b) Regulations.--The Secretary of Defense shall
prescribe in regulations such requirements, conditions, and
restrictions for travel under the authority of subsection (a)
as the Secretary considers appropriate. The regulations shall
include policies and procedures for preventing abuses of that
travel authority.
``(c) Reimbursement Not Authorized.--A Reserve is not
entitled to Government reimbursement for the cost of travel
authorized under subsection (a).
``(d) Treatment of Transportation as Use by Military
Departments.--For the purposes of section 201(a) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
481(a)), travel authorized under subsection (a) shall be
treated as transportation for the use of a military
department.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``12603. Attendance at inactive-duty training assemblies: commercial
travel at Federal supply schedule rates.''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 641. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.
Section 1452 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(j) Coverage Paid Up at 30 Years and Age 70.--Effective
October 1, 2008, no reduction may be made under this section in
the retired pay of a participant in the Plan for any month
after the later of--
``(1) the 360th month for which the participant's
retired pay is reduced under this section; and
``(2) the month during which the participant
attains 70 years of age.''.
SEC. 642. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT PERIOD.
(a) Persons Not Currently Participating in Survivor Benefit
Plan.--
(1) Election of sbp coverage.--An eligible retired
or former member may elect to participate in the
Survivor Benefit Plan during the open enrollment period
specified in subsection (d).
(2) Election of supplemental annuity coverage.--An
eligible retired or former member who elects under
paragraph (1) to participate in the Survivor Benefit
Plan may also elect during the open enrollment period
to participate in the Supplemental Survivor Benefit
Plan.
(3) Eligible retired or former member.--For
purposes of paragraphs (1) and (2), an eligible retired
or former member is a member or former member of the
uniformed services who on the day before the first day
of the open enrollment period is not a participant in
the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under
chapter 1223 of title 10, United States Code
(or chapter 67 of such title as in effect
before October 5, 1994), but for the fact that
such member or former member is under 60 years
of age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an
election under paragraph (1) by reason of
eligibility under paragraph (3)(A) shall be
treated for all purposes as providing a
standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person
making an election under paragraph (1) by
reason of eligibility under paragraph (3)(B)
shall be treated for all purposes as providing
a reserve-component annuity under the Survivor
Benefit Plan.
(b) Manner of Making Elections.--
(1) In general.--An election under this section
must be made in writing, signed by the person making
the election, and received by the Secretary concerned
before the end of the open enrollment period. Except as
provided in paragraph (2), any such election shall be
made subject to the same conditions, and with the same
opportunities for designation of beneficiaries and
specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor
Benefit Plan, as the case may be. A person making an
election under subsection (a) to provide a reserve-
component annuity shall make a designation described in
section 1448(e) of title 10, United States Code.
(2) Election must be voluntary.--An election under
this section is not effective unless the person making
the election declares the election to be voluntary. An
election to participate in the Survivor Benefit Plan
under this section may not be required by any court. An
election to participate or not to participate in the
Survivor Benefit Plan is not subject to the concurrence
of a spouse or former spouse of the person.
(c) Effective Date for Elections.--Any such election shall
be effective as of the first day of the first calendar month
following the month in which the election is received by the
Secretary concerned.
(d) Open Enrollment Period Defined.--The open enrollment
period is the one-year period beginning on March 1, 1999.
(e) Effect of Death of Person Making Election Within Two
Years of Making Election.--If a person making an election under
this section dies before the end of the two-year period
beginning on the effective date of the election, the election
is void and the amount of any reduction in retired pay of the
person that is attributable to the election shall be paid in a
lump sum to the person who would have been the deceased
person's beneficiary under the voided election if the deceased
person had died after the end of such two-year period.
(f) Applicability of Certain Provisions of Law.--The
provisions of sections 1449, 1453, and 1454 of title 10, United
States Code, are applicable to a person making an election, and
to an election, under this section in the same manner as if the
election were made under the Survivor Benefit Plan or the
Supplemental Survivor Benefit Plan, as the case may be.
(g) Premiums for Open Enrollment Election.--
(1) Premiums to be charged.--The Secretary of
Defense shall prescribe in regulations premiums which a
person electing under this section shall be required to
pay for participating in the Survivor Benefit Plan
pursuant to the election. The total amount of the
premiums to be paid by a person under the regulations
shall be equal to the sum of--
(A) the total amount by which the retired
pay of the person would have been reduced
before the effective date of the election if
the person had elected to participate in the
Survivor Benefit Plan (for the same base amount
specified in the election) at the first
opportunity that was afforded the member to
participate under chapter 73 of title 10,
United States Code;
(B) interest on the amounts by which the
retired pay of the person would have been so
reduced, computed from the dates on which the
retired pay would have been so reduced at such
rate or rates and according to such methodology
as the Secretary of Defense determines
reasonable; and
(C) any additional amount that the
Secretary determines necessary to protect the
actuarial soundness of the Department of
Defense Military Retirement Fund against any
increased risk for the fund that is associated
with the election.
(2) Premiums to be credited to retirement fund.--
Premiums paid under the regulations shall becredited to
the Department of Defense Military Retirement Fund.
(h) Definitions.--In this section:
(1) The term ``Survivor Benefit Plan'' means the
program established under subchapter II of chapter 73
of title 10, United States Code.
(2) The term ``Supplemental Survivor Benefit Plan''
means the program established under subchapter III of
chapter 73 of title 10, United States Code.
(3) The term ``retired pay'' includes retainer pay
paid under section 6330 of title 10, United States
Code.
(4) The terms ``uniformed services'' and
``Secretary concerned'' have the meanings given those
terms in section 101 of title 37, United States Code.
(5) The term ``Department of Defense Military
Retirement Fund'' means the Department of Defense
Military Retirement Fund established under section
1461(a) of title 10, United States Code.
SEC. 643. EFFECTIVE DATE OF COURT-REQUIRED FORMER SPOUSE SURVIVOR
BENEFIT PLAN COVERAGE EFFECTUATED THROUGH ELECTIONS
AND DEEMED ELECTIONS.
(a) Elimination of Disparity in Effective Date
Provisions.--Section 1448(b)(3) of title 10, United States
Code, is amended--
(1) in subparagraph (C)--
(A) by striking out the second sentence;
and
(B) by striking out ``effective date,'' in
the heading; and
(2) by adding at the end the following new
subparagraph:
``(E) Effective date of election.--An
election under this paragraph is effective as
of--
``(i) the first day of the first
month following the month in which the
election is received by the Secretary
concerned; or
``(ii) in the case of a person
required (as described in section
1450(f)(3)(B) of this title) to make
the election by reason of a court order
or filing the date of which is on or
after the date of the enactment of the
subparagraph, the first day of the
first month which begins after the date
of that court order or filing.''.
(b) Conformity by Cross Reference.--Section 1450(f)(3)(D)
of such title is amended by striking out ``the first day of the
first month which begins after the date of the court order or
filing involved'' and inserting in lieu thereof ``the day
referred to in section 1448(b)(3)(E)(ii) of this title''.
SEC. 644. PRESENTATION OF UNITED STATES FLAG TO MEMBERS OF THE ARMED
FORCES UPON RETIREMENT.
(a) Army.--(1) Chapter 353 of title 10, United States Code,
is amended by inserting after the table of sections the
following new section:
``Sec. 3681. Presentation of United States flag upon retirement
``(a) Presentation of Flag.--Upon the release of a member
of the Army from active duty for retirement, the Secretary of
the Army shall present a United States flag to the member.
``(b) Multiple Presentations Not Authorized.--A member is
not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
section or section 6141 or 8681 of this title or section 516 of
title 14.
``(c) No Cost to Recipient.--The presentation of a flag
under this section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section
3684 the following new item:
``3681. Presentation of United States flag upon retirement.''.
(b) Navy and Marine Corps.--(1) Chapter 561 of title 10,
United States Code, is amended by inserting after the table of
sections the following new section:
``Sec. 6141. Presentation of United States flag upon retirement
``(a) Presentation of Flag.--Upon the release of a member
of the Navy or Marine Corps from active duty for retirement or
transfer to the Fleet Reserve or the Fleet Marine Corps
Reserve, the Secretary of the Navy shall present a United
States flag to the member.
``(b) Multiple Presentations Not Authorized.--A member is
not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
section or section 3681 or 8681 of this title or section 516 of
title 14.
``(c) No Cost to Recipient.--The presentation of a flag
under this section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section
6151 the following new item:
``6141. Presentation of United States flag upon retirement.''.
(c) Air Force.--(1) Chapter 853 of title 10, United States
Code, is amended by inserting after the table of sections the
following new section:
``Sec. 8681. Presentation of United States flag upon retirement
``(a) Presentation of Flag.--Upon the release of a member
of the Air Force from active duty for retirement, the Secretary
of the Air Force shall present a United States flag to the
member.
``(b) Multiple Presentations Not Authorized.--A member is
not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
section or section 3681 or 6141 of this title or section 516 of
title 14.
``(c) No Cost to Recipient.--The presentation of a flag
under this section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section
8684 the following new item:
``8681. Presentation of United States flag upon retirement.''.
(d) Coast Guard.--(1) Chapter 13 of title 14, United States
Code, is amended by adding at the end the following new
section:
``Sec. 516. Presentation of United States flag upon retirement
``(a) Presentation of Flag.--Upon the release of a member
of the Coast Guard from active duty for retirement, the
Secretary of Transportation shall present a United States flag
to the member.
``(b) Multiple Presentations Not Authorized.--A member is
not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
section or section 3681, 6141, and 8681 of title 10.
``(c) No Cost to Recipient.--The presentation of a flag
under his section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``516. Presentation of United States flag upon retirement.''.
(e) Effective Date.--Sections 3681, 6141, and 8681 of title
10, United States Code (as added by this section), and section
516 of title 14, United States Code (as added by subsection
(d)), shall apply with respect to releases from active duty
described in those sections on or after October 1, 1998.
SEC. 645. RECOVERY, CARE, AND DISPOSITION OF REMAINS OF MEDICALLY
RETIRED MEMBER WHO DIES DURING HOSPITALIZATION THAT
BEGINS WHILE ON ACTIVE DUTY.
(a) In General.--Paragraph (7) of section 1481(a) of title
10, United States Code, is amended to read as follows:
``(7) A person who--
``(A) dies as a retired member of an armed
force under the Secretary's jurisdiction during
a continuous hospitalization of the member as a
patient in a United States hospital that began
while the member was on active duty for a
period of more than 30 days; or
``(B) is not covered by subparagraph (A)
and, while in a retired status by reason of
eligibility to retire under chapter 61 of this
title, dies during a continuous hospitalization
of the person that began while the person was
on active duty as a Regular of an armed force
under the Secretary's jurisdiction.''.
(b) Repeal of Obsolete Terminology.--Paragraph (1) of such
section is amended by striking out ``, or a member of an armed
force without component,''.
(c) Effective Date.--The amendment made by subsection (a)
applies with respect to deaths occurring on or after the date
of the enactment of this Act.
SEC. 646. REVISION TO COMPUTATION OF RETIRED PAY FOR CERTAIN MEMBERS.
Section 1406(i) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting after paragraph (1) the following
new paragraph (2);
``(2) Exception for members reduced in grade or who
do not serve satisfactorily.--Paragraph (1) does not
apply in the case of a member who, while or after
serving in a position specified in that paragraph and
by reason of conduct occurring on or after the date of
the enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999--
``(A) in the case of an enlisted member, is
reduced in grade as the result of a court-
martial sentence, nonjudicial punishment, or
other administrative process; or
``(B) in the case an officer, is not
certified by the Secretary of Defense under
section 1370(c) of this title as having served
on active duty satisfactorily in the grade of
general or admiral, as the case may be, while
serving in that position.''.
SEC. 647. ELIMINATION OF BACKLOG OF UNPAID RETIRED PAY.
(a) Requirement.--The Secretary of the Army shall take such
actions as are necessary to eliminate, by December 31, 1998,
the backlog of unpaid retired pay for members and former
members of the Army (including members and former members of
the Army Reserve and the Army National Guard).
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to Congress a report on the backlog of unpaid retired pay. The
report shall include the following:
(1) The actions taken under subsection (a).
(2) The extent of the remaining backlog.
(3) A discussion of any additional actions that are
necessary to ensure that retired pay is paid in a
timely manner.
Subtitle E--Other Matters
SEC. 651. DEFINITION OF POSSESSIONS OF THE UNITED STATES FOR PAY AND
ALLOWANCES PURPOSES.
Section 101(2) of title 37, United States Code, is amended
by striking out ``the Canal Zone,''.
SEC. 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)(A) Notwithstanding any other provision of law, an
obligation for an advance of pay made pursuant to this section
shall be recorded as an obligation only in the fiscal year in
which the entitlement of the member to the pay accrues.
``(B) Current appropriations available for advance payments
under this section may be transferred to the prior fiscal year
appropriation available for the same purpose in theamount of
any unliquidated advance payments that remain at the end of such prior
fiscal year. Such unliquidated advance payments shall then be credited
to the current appropriation.''.
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. The amount reimbursed may not
exceed $30 per day, and the rental period for which
reimbursement may be provided expires after seven days or on
the date on which the delayed vehicle 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. The amount reimbursed may not exceed $30 per
day, and the rental period for which reimbursement may be
provided expires after seven days or on the date on which the
delayed vehicle 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. The amount reimbursed may not exceed $30 per
day, and the rental period for which reimbursement may be
provided expires after seven days or on the date on which the
delayed vehicle 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. The amount reimbursed may not exceed $30 per
day, and the rental period for which reimbursement may be
provided expires after seven days or on the date on which the
delayed vehicle arrives at the authorized destination
(whichever occurs first).''.
(e) Application of Amendments.--(1) 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
containing a certification that the Department of Defense has
in place and operational a system to recover the cost 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
Secretary of Defense shall prepare the report in consultation
with the Secretary of Transportation, with respect to the Coast
Guard.
(2) 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. The report
shall be submitted not later than six months after the date of
the enactment of this Act and shall include, in addition to the
certification, a description of the system to be used to
recover from commercial carriers the costs incurred under such
amendments.
SEC. 654. EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH PROFESSIONS
OFFICERS SERVING IN SELECTED RESERVE.
(a) Eligible Persons.--Subsection (b)(2) of section 16302
of title 10, United States Code, is amended by inserting ``, or
is enrolled in a program of education leading to professional
qualifications,'' after ``possesses professional
qualifications''.
(b) Increased Benefits.--Subsection (c) of such section is
amended--
(1) in paragraph (2), by striking out ``$3,000''
and inserting in lieu thereof ``$20,000''; and
(2) in paragraph (3), by striking out ``$20,000''
and inserting in lieu thereof ``$50,000''.
SEC. 655. FEDERAL EMPLOYEES' COMPENSATION COVERAGE FOR STUDENTS
PARTICIPATING IN CERTAIN OFFICER CANDIDATE
PROGRAMS.
(a) Periods of Coverage.--Subsection (a)(2) of section 8140
of title 5, United States Code, is amended to read as follows:
``(2) during the period of the member's attendance
at training or a practice cruise under chapter 103 of
title 10, beginning when the authorized travel to the
training or practice cruise begins and ending when
authorized travel from the training or practice cruise
ends.''.
(b) Line of Duty.--Subsection (b) of such section is
amended to read as follows:
``(b) For the purpose of this section, an injury,
disability, death, or illness of a member referred to in
subsection (a) may be considered as incurred or contracted in
line of duty only if the injury, disability, or death is
incurred, or the illness is contracted, by the member during a
period described in that subsection. Subject to review by the
Secretary of Labor, the Secretary of the military department
concerned (under regulations prescribed by that Secretary),
shall determine whether an injury, disability, or death was
incurred, or an illness was contracted, by a member in line of
duty.''.
(c) Clarification of Casualties Covered.--Subsection (a) of
such section, as amended by subsection (a) of this section, is
further amended by inserting ``, or an illness contracted,''
after ``death incurred'' in the matter preceding paragraph (1).
(d) Effective Date and Applicability.--The amendments made
by subsections (a) and (b) shall take effect on the date of the
enactment of this Act and apply with respect to injuries,
illnesses, disabilities, and deaths incurred or contracted on
or after that date.
SEC. 656. RELATIONSHIP OF ENLISTMENT BONUSES TO ELIGIBILITY TO RECEIVE
ARMY COLLEGE FUND SUPPLEMENT UNDER MONTGOMERY GI
BILL EDUCATIONAL ASSISTANCE PROGRAM.
(a) Enlistement Bonuses and GI Bill Supplement not
Exclusive.--Section 3015(d) of title 38, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following:
``(2) In the case of an individual who after October 7,
1997, receives an enlistment bonus under section 308a or 308f
of title 37, receipt of that bonus does not affect the
eligibility of that individual for an increase under paragraph
(1) in the rate of the basic educational assistance allowance
applicable to that individual, and the Secretary concerned may
provide such an increase for that individual (and enter into an
agreement with that individual that the United States agrees to
make payments pursuant to such an increase) without regard to
any provision of law (enacted before, on, or after the date of
the enactment of this paragraph) that limits the authority to
make such payments.''.
(b) Repeal of Related Limitations.--(1) Section 8013(a) of
the Department of Defense Appropriations Act, 1998 (111 Stat.
1222), is amended--
(A) by striking out ``on or after the date of
enactment of this Act--'' and all that follows through
``nor shall any amounts'' and inserting in lieu thereof
``after October 7, 1997, enlists in the armed services
for a period of active duty of less than three years,
nor shall any amounts''; and
(B) in the first proviso, by striking out ``in the
case of a member covered by clause (1),''.
(2) Section 8013(a) of the Department of Defense
Appropriations Act, 1999, is amended--
(A) by striking out ``of this Act--'' and all that
follows through ``nor shall any amounts'' and inserting
in lieu thereof ``of this Act, enlists in the armed
services for a period of active duty of less that three
years, nor shall any amounts''; and
(B) in the first proviso, by striking out ``in the
case of a member covered by clause (1),''.
(3) The amendments made by paragraph (2) shall take effect
on the later of the following:
(A) The date of the enactment of this Act.
(B) The date of the enactment of the Department of
Defense Appropriations Act, 1999.
SEC. 657. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE FOR EDUCATION OF
CERTAIN DEFENSE DEPENDENTS OVERSEAS.
Section 1407(b) of the Defense Dependents' Education Act of
1978 (20 U.S.C. 926(b)) is amended--
(1) by striking out ``(b) Under such circumstances
as he may by regulation prescribe, the Secretary of
Defense'' and inserting in lieu thereof ``(b) Tuition
and Assistance When Schools Unavailable.--(1) Under
such circumstances as the Secretary of Defense may
prescribe in regulations, the Secretary''; and
(2) by adding at the end the following new
paragraph:
``(2)(A) The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not
operating as a service of the Navy, may provide financial
assistance to sponsors of dependents in overseas areas where
schools operated by the Secretary of Defense under subsection
(a) are not reasonably available in order to assist the
sponsors to defray the costs incurred by the sponsors for the
attendance of the dependents at schools in such areas other
than schools operated by the Secretary of Defense.
``(B) The Secretary of Defense and the Secretary of
Transportation shall each prescribe regulations relating to the
availability of financial assistance under subparagraph (A).
Such regulations shall, to the maximum extent practicable, be
consistent with Department of State regulations relating to the
availability of financial assistance for the education of
dependents of Department of State personnel overseas.''.
SEC. 658. CLARIFICATIONS CONCERNING PAYMENTS TO CERTAIN PERSONS
CAPTURED OR INTERNED BY NORTH VIETNAM.
(a) Eligibile Survivors.--Subsection (b) of section 657 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2585) is amended by adding at
the end the following new paragraphs:
``(3) If there is no surviving spouse or surviving
child, to the parents of the decedent, in equal shares,
or, if one parent of the decedent has died, to the
surviving parent.
``(4) If there is no surviving spouse, surviving
child, or surviving parent, to the surviving siblings
by blood of the decedent, in equal shares.''.
(b) Permitted Recipients of Payment Disbursement.--
Subsection (f)(1) of such section is amended by striking out
``The actual disbursement'' and inserting in lieu thereof
``Notwithstanding any agreement (including a power of attorney)
to the contrary, the actual disbursement''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Dependents' dental program.
Sec. 702. Expansion of dependent eligibility under retiree dental
program.
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. TRICARE Prime automatic enrollments and retiree payment
options.
Sec. 713. System for tracking data and measuring performance in meeting
TRICARE access standards.
Sec. 714. Establishment of appeals process for claimcheck denials.
Sec. 715. Reviews relating to accessibility of health care under
TRICARE.
Subtitle C--Health Care Services For Medicare-Eligible Department of
Defense Beneficiaries
Sec. 721. Demonstration project to include certain covered beneficiaries
within Federal Employees Health Benefits Program.
Sec. 722. TRICARE as Supplement to Medicare demonstration.
Sec. 723. Implementation of redesign of pharmacy system.
Sec. 724. Comprehensive evaluation of implementation of demonstration
projects and TRICARE pharmacy redesign.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Process for waiving informed consent requirement for
administration of certain drugs to members of Armed Forces for
purposes of a particular military operation.
Sec. 732. Health benefits for abused dependents of members of the Armed
Forces.
Sec. 733. Provision of health care at military entrance processing
stations and elsewhere outside medical treatment facilities.
Sec. 734. Professional qualifications of physicians providing military
health care.
Subtitle E--Other Matters
Sec. 741. Enhanced Department of Defense Organ and Tissue Donor program.
Sec. 742. Authorization to establish a Level 1 Trauma Training Center.
Sec. 743. Authority to establish center for study of post-deployment
health concerns of members of the Armed Forces.
Sec. 744. Report on implementation of enrollment-based capitation for
funding for military medical treatment facilities.
Sec. 745. Joint Department of Defense and Department of Veterans Affairs
reports relating to interdepartmental cooperation in the
delivery of medical care.
Sec. 746. Report on research and surveillance activities regarding lyme
disease and other tick-borne diseases.
Subtitle A--Health Care Services
SEC. 701. DEPENDENTS' DENTAL PROGRAM.
(a) Premium Increase.--Section 1076a(b)(2) of title 10,
United States Code, is amended--
(A) by inserting ``(A)'' after ``(2)''; and
(B) by adding at the end the following:
``(B) Effective as of January 1 of each year, the amount of
the premium required under subparagraph (A) shall be increased
by the percent equal to the lesser of--
``(i) the percent by which the rates of basic pay
of members of the uniformed services are increased on
such date; or
``(ii) the sum of one-half percent and the percent
computed under section 5303(a) of title 5 for the
increase in rates of basic pay for statutory pay
systems for pay periods beginning on or after such
date.''.
(2) The amendment made by subparagraph (B) of paragraph (1)
shall take effect on January 1, 1999, and shall apply to months
after 1998 as if such subparagraph had been in effect since
December 31, 1993.
(b) Limitation on Reduction of Benefits.--Section 1076a is
further amended by adding at the end the following new
subsection:
``(j) Limitation on Reduction of Benefits.--The Secretary
of Defense may not reduce benefits provided under this section
until--
``(1) the Secretary provides notice of the
Secretary's intent to reduce such benefits to the
Committee on National Security of the House of
Representatives and the Committee on Armed Services of
the Senate; and
``(2) one year has elapsed following the date of
such notice.''.
SEC. 702. 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. 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. TRICARE PRIME AUTOMATIC ENROLLMENTS AND RETIREE PAYMENT
OPTIONS.
(a) Procedures.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1097 the following
new section:
``Sec. 1097a. TRICARE Prime: automatic enrollments; payment options
``(a) Automatic Enrollment of Certain Dependents.--Each
dependent of a member of the uniformed services in grade E4 or
below who is entitled to medical and dental care under section
1076(a)(2)(A) of this title and resides in the catchment area
of a facility of a uniformed service offering TRICARE Prime
shall be automatically enrolled in TRICARE Prime at the
facility. The Secretary concerned shall provide written notice
of the enrollment to the member. The enrollment of a dependent
of the member may be terminated by the member or the dependent
at any time.
``(b) Automatic Renewal of Enrollments of Covered
Beneficiaries.--(1) An enrollment of a covered beneficiary in
TRICARE Prime shall be automatically renewed upon the
expiration of the enrollment unless the renewal is declined.
``(2) Not later than 15 days before the expiration date for
an enrollment of a covered beneficiary in TRICARE Prime, the
Secretary concerned shall--
``(A) transmit a written notification of the
pending expiration and renewal of enrollment to the
covered beneficiary or, in the case of a dependent of a
member of the uniformed services, to the member; and
``(B) afford the beneficiary or member, as the case
may be, an opportunity to decline the renewal of
enrollment.
``(c) Payment Options for Retirees.--A member or former
member of the uniformed services eligible for medical care and
dental care under section 1074(b) of this title may elect to
have any fee payable by the member or former member for an
enrollment in TRICARE Prime withheld from the member's retired
pay, retainer pay, or equivalent pay, as the case may be, or to
be paid from a financial institution through electronic
transfers of funds. The fee shall be paid in accordance with
the election. A member may elect under this section to pay the
fee in full at the beginning of the enrollment period or to
make payments on a monthly or quarterly basis.
``(d) Regulations and Exceptions.--The Secretary of Defense
shall prescribe regulations, including procedures, to carry out
this section. Regulations prescribed to carry out the automatic
enrollment requirements under this section may include such
exceptions to the automatic enrollment procedures as the
Secretary determines appropriate for the effective operation of
TRICARE Prime.
``(e) Definitions.--In this section:
``(1) The term `TRICARE Prime' means the managed
care option of the TRICARE program.
``(2) The term `catchment area', with respect to a
facility of a uniformed service, means the service area
of thefacility, as designated under regulations
prescribed by the administering Secretaries.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1097
the following new item:
1097a. TRICARE Prime: automatic enrollments; payment options.''.
(b) Deadline for Implementation.--The regulations required
under subsection (d) of section 1097a of title 10, United
States Code (as added by subsection (a)), shall be prescribed
to take effect not later than September 30, 1999. The section
shall be applied under TRICARE Prime on and after the date on
which the regulations take effect.
SEC. 713. 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. 714. ESTABLISHMENT OF APPEALS PROCESS FOR CLAIMCHECK DENIALS.
(a) Establishment of Appeals Process.--Not later than
January 1, 1999, the Secretary of Defense shall establish an
appeals process in cases of denials through the ClaimCheck
computer software system (or any other claims processing system
that may be used by the Secretary) of claims by civilian
providers for payment for health care services provided under
the TRICARE program.
(b) Report.--Not later than March 1, 1999, the Secretary
shall submit to Congress a report on the implementation of this
section.
SEC. 715. REVIEWS RELATING TO ACCESSIBILITY OF HEALTH CARE UNDER
TRICARE.
(a) Review of Rehabilitative Services for Head Injuries.--
The Secretary of Defense shall review policies under the
TRICARE program (including a review of the TRICARE policy
manual) to determine if policies addressing the availability of
rehabilitative services for TRICARE patients suffering from
head injuries are adequate and appropriately address
consideration of certification by an attending physician that
such services would be beneficial for such a patient.
(b) Review of Adequacy of Provider Network.--The Secretary
of Defense shall review the administration of the TRICARE Prime
health plans to determine whether, for each region covered by
such a plan, there is a sufficient number, distribution, and
variety of qualified participating health care providers to
ensure that covered health care services, including specialty
services and rehabilitative services, are accessible in the
vicinity of the residence of the enrollees and available in a
timely manner to such enrollees, regardless of where such
enrollees are located within the TRICARE region.
(c) Report.--Not later than April 1, 1999, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the results of the reviews required
by subsections (a) and (b), together with a description of any
actions taken or directed as a result of those reviews.
Subtitle C--Health Care Services For Medicare-Eligible Department of
Defense Beneficiaries
SEC. 721. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED
BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH
BENEFITS PROGRAM.
(a) FEHBP Demonstration Project.--(1) Chapter 55 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program: demonstration project
``(a) FEHBP Option Demonstration.--The Secretary of
Defense, after consulting with the other administering
Secretaries, shall enter into an agreement with the Office of
Personnel Management to conduct a demonstration project (in
this section referred to as the `demonstration project') under
which eligible beneficiaries described in subsection (b) and
residing within one of the areas covered by the demonstration
project may enroll in health benefits plans offered through the
Federal Employees Health Benefits program under chapter 89 of
title 5. The number of eligible beneficiaries and family
members of such beneficiaries under subsection (b)(2) who may
be enrolled in health benefits plans during the enrollment
period under subsection (d)(2) may not exceed 66,000.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed
services described in section 1074(b) of this title who
is entitled to hospital insurance benefits under part A
of title XVIII of the Social Security Act (42 U.S.C.
1395c et seq.);
``(B) an individual who is an unremarried former
spouse of a member or former member described in
section 1072(2)(F) or 1072(2)(G));
``(C) an individual who is--
``(i) a dependent of a deceased member or
former member described in section 1076(b) or
1076(a)(2)(B) of this title or of a member who
died while on active duty for a period of more
than 30 days; and
``(ii) a member of family as defined in
section 8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or
former member described in section 1076(b)(1)
of this title who is entitled to hospital
insurance benefits under part A of title XVIII
of the Social Security Act, regardless of the
member's or former member's eligibility for
such hospital insurance benefits; and
``(ii) a member of family as defined in
section 8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal
Employees Health Benefit plan under chapter 89 of title 5 under
this section for self-only coverage or for self and family
coverage which includes any dependent of the member or former
member who is a family member for purposes of such chapter.
``(3) A person eligible for coverage under this subsection
shall not be required to satisfy any eligibility criteria
specified in chapter 89 of title 5 (except as provided in
paragraph (1)(C) or (1)(D)) as a condition for enrollment in
health benefits plans offered through the Federal Employees
Health Benefits program under the demonstration project.
``(4) For purposes of determining whether an individual is
a member of family under paragraph (5) of section 8901 of title
5 for purposes of paragraph (1)(C) or (1)(D), a member or
former member described in section 1076(b) or 1076(a)(2)(B) of
this title shall be deemed to be an employee under such
section.
``(5) An eligible beneficiary who is eligible to enroll in
the Federal Employees Health Benefits program as an employee
under chapter 89 of title 5 is not eligible to enroll in a
Federal Employees Health Benefits plan under this section.
``(c) Area of Demonstration Project.--The Secretary of
Defense and the Director of the Office of Personnel Management
shall jointly identify and select the geographic areas in which
the demonstration project will be conducted. The Secretary and
the Director shall establish at least six, but not more than
ten, such demonstration areas. In establishing the areas, the
Secretary and Director shall include--
``(1) an area that includes the catchment area of
one or more military medical treatment facilities;
``(2) an area that is not located in the catchment
area of a military medical treatment facility;
``(3) an area in which there is a Medicare
Subvention Demonstration project area under section
1896 of title XVIII of the Social Security Act (42
U.S.C. 1395ggg); and
``(4) not more than one area for each TRICARE
region.
``(d) Duration of Demonstration Project.--(1) The Secretary
of Defense shall conduct the demonstration project during three
contract years under the Federal Employees Health Benefits
program.
``(2) Eligible beneficiaries shall, as provided under the
agreement pursuant to subsection (a), be permitted to enroll in
the demonstration project during an open enrollment period for
the year 2000 (conducted in the fall of 1999). The
demonstration project shall terminate on December 31, 2002.
``(e) Prohibition Against Use of MTFs and Enrollment Under
TRICARE.--Covered beneficiaries under this chapter who are
provided coverage under the demonstration project shall not be
eligible to receive care at a military medical treatment
facility or to enroll in a heath care plan under the TRICARE
program.
``(f) Term of Enrollment in Project.--(1) Subject to
paragraphs (2) and (3), the period of enrollment of an eligible
beneficiary who enrolls in the demonstration project during the
open enrollment period for the year 2000 shall be three years
unless the beneficiary disenrolls before the termination of the
project.
``(2) A beneficiary who elects to enroll in the project,
and who subsequently discontinues enrollment in the project
before the end of the period described in paragraph (1), shall
not be eligible to reenroll in the project.
``(3) An eligible beneficiary enrolled in a Federal
Employees Health Benefits plan under this section may change
health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may
change such plans.
``(g) Effect of Cancellation.--The cancellation by an
eligible beneficiary of coverage under the Federal Employee
Health Benefits program shall be irrevocable during the term of
the demonstration project.
``(h) Separate Risk Pools; Charges.--(1) The Director of
the Office of Personnel Management shall require health
benefits plans under chapter 89 of title 5 that participate in
the demonstration project to maintain a separate risk pool for
purposes of establishing premium rates for eligible
beneficiaries who enroll in such a plan in accordance with this
section.
``(2) The Director shall determine total subscription
charges for self only or for family coverage for eligible
beneficiaries who enroll in a health benefits plan under
chapter 89 of title 5 in accordance with this section. The
subscription charges shall include premium charges paid to the
plan and amounts described in section 8906(c) of title 5 for
administrative expenses and contingency reserves.
``(i) Government Contributions.--The Secretary of Defense
shall be responsible for the Government contribution for an
eligible beneficiary who enrolls in a health benefits plan
under chapter 89 of title 5 in accordance with this section,
except that the amount of the contribution may not exceed the
amount of the Government contribution which would be payable if
the electing beneficiary were an employee (as defined for
purposes of such chapter) enrolled in the same health benefits
plan and level of benefits.
``(j) Report Requirements.--(1) The Secretary of Defense
and the Director of the Office of Personnel Managementshall
jointly submit to Congress two reports containing the information
described in paragraph (2). The first report shall be submitted not
later than the date that is 15 months after the date that the Secretary
begins to implement the demonstration project. The second report shall
be submitted not later than December 31, 2002.
``(2) The reports required by paragraph (1) shall include
the following:
``(A) Information on the number of eligible
beneficiaries who elect to participate in the
demonstration project.
``(B) An analysis of the percentage of eligible
beneficiaries who participate in the demonstration
project as compared to the percentage of covered
beneficiaries under this chapter who elect to enroll in
a health care plan under such chapter.
``(C) Information on eligible beneficiaries who
elect to participate in the demonstration project and
did not have Medicare Part B coverage before electing
to participate in the project.
``(D) An analysis of the enrollment rates and cost
of health services provided to eligible beneficiaries
who elect to participate in the demonstration project
as compared with similarly situated enrollees in the
Federal Employees Health Benefits program under chapter
89 of title 5.
``(E) An analysis of how the demonstration project
affects the accessibility of health care in military
medical treatment facilities, and a description of any
unintended effects on the treatment priorities in those
facilities in the demonstration area.
``(F) An analysis of any problems experienced by
the Department of Defense in managing the demonstration
project.
``(G) A description of the effects of the
demonstration project on medical readiness and training
of the armed forces at military medical treatment
facilities located in the demonstration area, and a
description of the probable effects that making the
project permanent would have on the medical readiness
and training.
``(H) An examination of the effects that the
demonstration project, if made permanent, would be
expected to have on the overall budget of the
Department of Defense, the budget of the Office of
Personnel and Management, and the budgets of individual
military medical treatment facilities.
``(I) An analysis of whether the demonstration
project affects the cost to the Department of Defense
of prescription drugs or the accessibility,
availability, and cost of such drugs to eligible
beneficiaries.
``(J) Any additional information that the Secretary
of Defense or the Director of the Office of Personnel
Management consider appropriate to assist Congress in
determining the viability of expanding the project to
all Medicare-eligible members of the uniformed services
and their dependents.
``(K) Recommendations on whether eligible
beneficiaries--
``(i) should be given more than one chance
to enroll in a the demonstration project under
this section;
``(ii) should be eligible to enroll in the
project only during the first year following
the date that the eligible beneficiary becomes
eligible to receive hospital insurance benefits
under part A of title XVIII of the Social
Security Act; or
``(iii) should be eligible to enroll in the
project only during the two-year period
following the date on which the beneficiary
first becomes eligible to enroll in the
project.
``(k) Comptroller General Report.--Not later than December
31, 2002, the Comptroller General shall submit to Congress a
report addressing the same matters required to be addressed
under subsection (j)(2). The report shall describe any
limitations with respect to the data contained in the report as
a result of the size and design of the demonstration project.
``(l) Application of Medigap Protections to Demonstration
Project Enrollees.--(1) Subject to paragraph (2), the
provisions of section 1882(s)(3) (other than clauses (i)
through (iv) of subparagraph (B)) and 1882(s)(4) of the Social
Security Act shall apply to enrollment (and termination of
enrollment) in the demonstration project under this section, in
the same manner as they apply to enrollment (and termination of
enrollment) with a Medicare+Choice organization in a
Medicare+Choice plan.
``(2) In applying paragraph (1)--
``(A) any reference in clause (v) or (vi) of
section 1882(s)(3)(B) of such Act to 12 months is
deemed a reference to 36 months; and
``(B) the notification required under section
1882(s)(3)(D) of such Act shall be provided in a manner
specified by the Secretary of Defense in consultation
with the Director of the Office of Personnel
Management.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1108. Health care coverage through Federal Employees Health Benefits
program: demonstration project.''.
(b) Conforming Amendments.--Chapter 89 of title 5, United
States Code, is amended--
(1) in section 8905--
(A) by redesignating subsections (d)
through (f) as subsections (e) through (g),
respectively; and
(B) by inserting after subsection (c) the
following new subsection:
``(d) An individual whom the Secretary of Defense
determines is an eligible beneficiary under subsection (b) of
section 1108 of title 10 may enroll, as part of the
demonstration project under such section, in a health benefits
plan under this chapter in accordance with the agreement under
subsection (a) of such section between the Secretary and the
Office and applicable regulations under this chapter.'';
(2) in section 8906(b)--
(A) in paragraph (1), by striking
``paragraphs (2) and (3)'' and inserting in
lieu thereof ``paragraphs (2), (3), and (4)'';
and
(B) by adding at the end the following new
paragraph:
``(4) In the case of persons who are enrolled in a health
benefits plan as part of the demonstration project under
section 1108 of title 10, the Government contribution shall be
subject to the limitation set forth in subsection (i) of that
section.'';
(3) in section 8906(g)--
(A) in paragraph (1), by striking
``paragraph (2)'' and inserting in lieu thereof
``paragraphs (2) and (3)''; and
(B) by adding at the end the following new
paragraph:
``(3) The Government contribution for persons enrolled in a
health benefits plan as part of the demonstration project under
section 1108 of title 10 shall be paid as provided in
subsection (i) of that section.''; and
(4) in section 8909, by adding at the end the
following new subsection:
``(g) The fund described in subsection (a) is available to
pay costs that the Office incurs for activities associated with
implementation of the demonstration project under section 1108
of title 10.''.
SEC. 722. TRICARE AS SUPPLEMENT TO MEDICARE DEMONSTRATION.
(a) In General.--(1) The Secretary of Defense shall, after
consultation with the other administering Secretaries, carry
out a demonstration project in order to assess the feasibility
and advisability of providing medical care coverage under the
TRICARE program to the individuals described in subsection (c).
The demonstration project shall be known as the ``TRICARE
Senior Supplement''.
(2) The Secretary shall commence the demonstration project
not later than January 1, 2000, and shall terminate the
demonstration project not later than December 31, 2002.
(3) Under the demonstration project, the Secretary shall
permit eligible individuals described in subsection (c) to
enroll in the TRICARE program.
(4) Payment for care and services received by eligible
individuals who enroll in the TRICARE program under the
demonstration project shall be made as follows:
(A) First, under title XVIII of the Social Security
Act, but only to the extent that payment for such care
and services is provided for under that title.
(B) Second, under the TRICARE program, but only to
the extent that payment for such care and services is
provided under that program and is not provided for
under subparagraph (A).
(C) Third, by the eligible individual concerned,
but only to the extent that payment for such care and
services is not provided for under subparagraphs (A) or
(B).
(5)(A) The Secretary shall require each eligible individual
who enrolls in the TRICARE program under the demonstration
project to pay an enrollment fee. The Secretary shall provide,
to the extent feasible, the option of payment of the enrollment
fee through electronic transfers of funds and through
withholding of such payment from the pay of a member or former
member of the Armed Forces, and shall provide the option that
payment of the enrollment fee be made in full at the beginning
of the enrollment period or that payments be made on a monthly
or quarterly basis.
(B) The amount of the enrollment fee charged an eligible
individual under subparagraph (A) for self only or family
enrollment in any year may not exceed the amount equal to 75
percent of the total subscription charges in that year for
self-only or family, respectively, fee-for-service coverage
under the health benefits plan under the Federal Employees
Health Benefits program under chapter 89 of title 5, United
States Code, that is most similar in coverage to the TRICARE
program.
(6) A covered beneficiary who enrolls in TRICARE Senior
Supplement under this subsection shall not be eligible to
receive health care at a facility of the uniformed services
during the period such enrollment is in effect.
(b) Evaluation; Review.--(1) The Secretary shall provide
for an evaluation of the demonstration project conducted under
this subsection by an appropriate person or entity that is
independent of the Department of Defense. The evaluation shall
include the following:
(A) An analysis of the costs of the demonstration
project to the United States and to the eligible
individuals who participate in such demonstration
project.
(B) An assessment of the extent to which the
demonstration project satisfies the requirements of
such eligible individuals for the health care services
available under the demonstration project.
(C) An assessment of the effect, if any, of the
demonstration project on military medical readiness.
(D) A description of the rate of the enrollment in
the demonstration project of the individuals who were
eligible to enroll in the demonstration project.
(E) An assessment of whether the demonstration
project provides the most suitable model for a program
to provide adequate health care services to the
population of individuals consisting of the eligible
individuals.
(F) An evaluation of any other matters that the
Secretary considers appropriate.
(2) The Comptroller General shall review the evaluation
conducted under paragraph (1). In carrying out the review, the
Comptroller General shall--
(A) assess the validity of the processes used in
the evaluation; and
(B) assess the validity of any findings under the
evaluation, including any limitations with respect to
the data contained in the evaluation as a result of the
size and design of the demonstration project.
(3)(A) The Secretary shall submit a report on the results
of the evaluation under paragraph (1), together with the
evaluation, to the Committee on Armed Services of the Senate
andthe Committee on National Security of the House of
Representatives not later than December 31, 2002.
(B) The Comptroller General shall submit a report on the
results of the review under paragraph (2) to the committees
referred to in subparagraph (A) not later than February 15,
2003.
(c) Eligible Individuals.--(1) An individual is eligible to
participate under this section if the individual is a member or
former member of the uniformed services described in section
1074(b) of title 10, United States Code, a dependent of the
member described in section 1076(a)(2)(B) or 1076(b) of that
title, or a dependent of a member of the uniformed services who
died while on active duty for a period of more than 30 days,
who--
(A) is 65 years of age or older;
(B) is entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.);
(C) is enrolled in the supplemental medical
insurance program under part B of such title XVIII (42
U.S.C. 1395j et seq.); and
(D) resides in an area selected by the Secretary
under subsection (c).
(c) Areas of Implementation.--(1) The Secretary shall carry
out the demonstration project under this section in two
separate areas selected by the Secretary.
(2) The areas selected by the Secretary under paragraph (1)
shall be as follows:
(A) One area shall be an area outside the catchment
area of a military medical treatment facility in
which--
(i) no eligible organization has a contract
in effect under section 1876 of the Social
Security Act (42 U.S.C. 1395mm) and no
Medicare+Choice organization has a contract in
effect under part C of title XVIII of that Act
(42 U.S.C. 1395w-21); or
(ii) the aggregate number of enrollees with
an eligible organization with a contract in
effect under section 1876 of that Act or with a
Medicare+Choice organization with a contract in
effect under part C of title XVIII of that Act
is less than 2.5 percent of the total number of
individuals in the area who are entitled to
hospital insurance benefits under part A of
title XVIII of that Act.
(B) The other area shall be an area outside the
catchment area of a military medical treatment facility
in which--
(i) at least one eligible organization has
a contract in effect under section 1876 of that
Act or one Medicare+Choice organization has a
contract in effect under part C of title XVIII
of that Act; and
(ii) the aggregate number of enrollees with
an eligible organization with a contract in
effect under section 1876 of that Act or with a
Medicare+Choice organization with a contract in
effect under part C of title XVIII of that Act
exceeds 10 percent of the total number of
individuals in the area who are entitled to
hospital insurance benefits under part A of
title XVIII of that Act.
(d) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the
meaning given that term in section 1072(3) of title 10,
United States Code.
(2) The term ``TRICARE program'' has the meaning
given that term in section 1072(7) of title 10, United
States Code.
SEC. 723. IMPLEMENTATION OF REDESIGN OF PHARMACY SYSTEM.
(a) In General.--Not later than October 1, 1999, the
Secretary of Defense shall implement, with respect to eligible
individuals described in subsection (e) who reside in an area
selected under subsection (f), the redesign of the pharmacy
system under TRICARE (including the mail-order and retail
pharmacy benefit under TRICARE) to incorporate ``best
businesspractices'' of the private sector in providing pharmaceuticals,
as developed under the plan described in section 703.
(b) Collection of Premiums and Other Charges.--The
Secretary of Defense may collect from eligible individuals
described in subsection (e) who participate in the redesigned
pharmacy system any premiums, deductibles, copayments, or other
charges that the Secretary would otherwise collect from
individuals similar to such individuals.
(c) Evaluation.--The Secretary shall provide for an
evaluation of the implementation of the redesign of the
pharmacy system under TRICARE under this section by an
appropriate person or entity that is independent of the
Department of Defense. The evaluation shall include the
following:
(1) An analysis of the costs of the implementation
of the redesign of the pharmacy system under TRICARE
and to the eligible individuals who participate in the
system.
(2) An assessment of the extent to which the
implementation of such system satisfies the
requirements of the eligible individuals for the health
care services available under TRICARE.
(3) An assessment of the effect, if any, of the
implementation of the system on military medical
readiness.
(4) A description of the rate of the participation
in the system of the individuals who were eligible to
participate.
(5) An evaluation of any other matters that the
Secretary considers appropriate.
(d) Reports.--The Secretary shall submit two reports on the
results of the evaluation under subsection (c), together with
the evaluation, to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives. The first report shall be submitted not later
than December 31, 2000, and the second report shall be
submitted not later than December 31, 2002.
(e) Eligible Individuals.--(1) An individual is eligible to
participate under this section if the individual is a member or
former member of the uniformed services described in section
1074(b) of title 10, United States Code, a dependent of the
member described in section 1076(a)(2)(B) or 1076(b) of that
title, or a dependent of a member of the uniformed services who
died while on active duty for a period of more than 30 days,
who--
(A) is 65 years of age or older;
(B) is entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.);
(C) except as provided in paragraph (2), is
enrolled in the supplemental medical insurance program
under part B of such title XVIII (42 U.S.C. 1395j et
seq.); and
(D) resides in an area selected by the Secretary
under subsection (f).
(2) Paragraph (1)(C) shall not apply in the case of an
individual who at the time of attaining the age of 65 lived
within 100 miles of the catchment area of a military medical
treatment facility.
(f) Areas of Implementation.--(1) The Secretary shall carry
out the implementation of the redesign of the pharmacy system
under TRICARE in two separate areas selected by the Secretary.
(2) The areas selected by the Secretary under paragraph (1)
shall be as follows:
(A) One area shall be an area outside the catchment
area of a military medical treatment facility in
which--
(i) no eligible organization has a contract
in effect under section 1876 of the Social
Security Act (42 U.S.C. 1395mm) and no
Medicare+Choice organization has a contract in
effect under part C of title XVIII of that Act
(42 U.S.C. 1395w-21); or
(ii) the aggregate number of enrollees with
an eligible organization with a contract in
effect under section 1876 of that Act or with a
Medicare+Choice organization with a contract in
effect under part C of title XVIII of that Act
is less than 2.5 percent of the total number of
individuals in the area who are entitled
tohospital insurance benefits under part A of title XVIII of that Act.
(B) The other area shall be an area outside the
catchment area of a military medical treatment facility
in which--
(i) at least one eligible organization has
a contract in effect under section 1876 of that
Act or one Medicare+Choice organization has a
contract in effect under part C of title XVIII
of that Act; and
(ii) the aggregate number of enrollees with
an eligible organization with a contract in
effect under section 1876 of that Act or with a
Medicare+Choice organization with a contract in
effect under part C of title XVIII of that Act
exceeds 10 percent of the total number of
individuals in the area who are entitled to
hospital insurance benefits under part A of
title XVIII of that Act.
SEC. 724. COMPREHENSIVE EVALUATION OF IMPLEMENTATION OF DEMONSTRATION
PROJECTS AND TRICARE PHARMACY REDESIGN.
Not later than March 31, 2003, the Comptroller General
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report containing a comprehensive comparative
analysis of the FEHBP demonstration project conducted under
section 1108 of title 10, United States Code (as added by
section 721), the TRICARE Senior Supplement under section 722,
and the redesign of the TRICARE pharmacy system under section
723. The comprehensive analysis shall incorporate the findings
of the evaluation submitted under section 723(c) and the report
submitted under subsection (j) of such section 1108.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. PROCESS FOR WAIVING INFORMED CONSENT REQUIREMENT FOR
ADMINISTRATION OF CERTAIN DRUGS TO MEMBERS OF ARMED
FORCES FOR PURPOSES OF A PARTICULAR MILITARY
OPERATION.
(a) Limitation and Waiver.--(1) Section 1107 of title 10,
United States Code, is amended--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the following
new subsection (f):
``(f) Limitation and Waiver.--(1) In the case of the
administration of an investigational new drug or a drug
unapproved for its applied use to a member of the armed forces
in connection with the member's participation in a particular
military operation, the requirement that the member provide
prior consent to receive the drug in accordance with the prior
consent requirement imposed under section 505(i)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)(4)) may
be waived only by the President. The President may grant such a
waiver only if the President determines, in writing, that
obtaining consent--
``(A) is not feasible;
``(B) is contrary to the best interests of the
member; or
``(C) is not in the interests of national security.
``(2) In making a determination to waive the prior consent
requirement on a ground described in subparagraph (A) or (B) of
paragraph (1), the President shall apply the standards and
criteria that are set forth in the relevant FDA regulations for
a waiver of the prior consent requirement on that ground.
``(3) The Secretary of Defense may request the President to
waive the prior consent requirement with respect to the
administration of an investigational new drug or a drug
unapprovedfor its applied use to a member of the armed forces
in connection with the member's participation in a particular military
operation. With respect to any such administration--
``(A) the Secretary may not delegate to any other
official the authority to request the President to
waive the prior consent requirement for the Department
of Defense; and
``(B) if the President grants the requested waiver,
the Secretary shall submit to the chairman and ranking
minority member of each congressional defense committee
a notification of the waiver, together with the written
determination of the President under paragraph (1) and
the Secretary's justification for the request or
requirement under subsection (a) for the member to
receive the drug covered by the waiver.
``(4) In this subsection:
``(A) The term `relevant FDA regulations' means the
regulations promulgated under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)).
``(B) The term `prior consent requirement' means
the requirement included in the relevant FDA
regulations pursuant to section 505(i)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)(4)).
``(C) The term `congressional defense committee'
means each of the following:
``(i) The Committee on Armed Services and
the Committee on Appropriations of the Senate.
``(ii) The Committee on National Security
and the Committee on Appropriations of the
House of Representatives.''.
(2) Subsection (f) of section 1107 of title 10, United
States Code (as added by paragraph (1)), shall apply to the
administration of an investigational new drug or a drug
unapproved for its applied use to a member of the Armed Forces
in connection with the member's participation in a particular
military operation on or after the date of the enactment of
this Act.
(3) A waiver of the requirement for prior consent imposed
under the regulations required under paragraph (4) of section
505(i) of the Federal Food, Drug, and Cosmetic Act (or under
any antecedent provision of law or regulations) that has been
granted under that section (or antecedent provision of law or
regulations) before the date of the enactment of this Act for
the administration of a drug to a member of the Armed Forces in
connection with the member's participation in a particular
military operation may be applied in that case after that date
only if--
(A) the Secretary of Defense personally determines
that the waiver is justifiable on each ground on which
the waiver was granted;
(B) the President concurs in that determination in
writing; and
(C) the Secretary submits to the chairman and
ranking minority member of each congressional committee
referred to in section 1107(f)(4)(C) of title 10,
United States Code (as added by paragraph (1))--
(i) a notification of the waiver;
(ii) the President's written concurrence;
and
(iii) the Secretary's justification for the
request or for the requirement under subsection
1107(a) of such title for the member to receive
the drug covered by the waiver.
(b) Time and Form of Notice.--(1) Subsection (b) of such
section is amended by striking out ``, if practicable'' and all
that follows through ``first administered to the member''.
(2) Subsection (c) of such section is amended by striking
out ``unless the Secretary of Defense determines'' and all that
follows through ``alternative method''.
SEC. 732. HEALTH BENEFITS FOR ABUSED DEPENDENTS OF MEMBERS OF THE ARMED
FORCES.
Section 1076(e) of title 10, United States Code, is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Subject to paragraph (3), the administering Secretary
shall furnish an abused dependent of a former member of a
uniformed service described in paragraph (4), during that
period that the abused dependent is in receipt of transitional
compensation under section 1059 of this title, with medical and
dental care, including mental health services, in facilities of
the uniformed services in accordance with the same eligibility
and benefits as were applicable for that abused dependent
during the period of active service of the former member.'';
and
(2) in paragraph (3)--
(A) by adding ``and'' at the end of
subparagraph (A);
(B) by striking ``; and'' at the end of
subparagraph (B) and inserting a period; and
(C) by striking subparagraph (C).
SEC. 733. PROVISION OF HEALTH CARE AT MILITARY ENTRANCE PROCESSING
STATIONS AND ELSEWHERE OUTSIDE MEDICAL TREATMENT
FACILITIES.
(a) Extension of Authorization for Use of Personal Services
Contracts.--Section 1091(a)(2) of title 10, United States Code,
is amended in the second sentence by striking out ``the end of
the one-year period beginning on the date of the enactment of
this paragraph'' and inserting in lieu thereof ``December 31,
2000''.
(b) Test of Alternative Process for Conducting Medical
Screenings for Enlistment Qualification.--(1) The Secretary of
Defense shall conduct a test to--
(A) determine whether the use of an alternative to
the system currently used by the Department of Defense
of employing fee-basis physicians for determining the
medical qualifications for enlistment of applicants for
military service would reduce the number of
disqualifying medical conditions that are detected
during the initial entry training of such applicants;
(B) determine whether any savings or cost avoidance
may be achieved through use of an alternative system as
a result of any increased detection of disqualifying
medical conditions before entry by applicants into
initial entry training; and
(C) compare the capability of an alternative system
to meet or exceed the cost, responsiveness, and
timeliness standards of the system currently used by
the Department.
(2) The alternative system described in paragraph (1) may
include the system used under the TRICARE system, the health-
care system of the Department of Veterans Affairs, or any other
system, or combination of systems, considered appropriate by
the Secretary.
(3) Not later than March 1, 2000, the Secretary shall
submit to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the
Senate a report on the results and findings of the test
conducted under paragraph (1).
SEC. 734. PROFESSIONAL QUALIFICATIONS OF PHYSICIANS PROVIDING MILITARY
HEALTH CARE.
(a) Requirement for Unrestricted License.--Section
1094(a)(1) of title 10, United States Code, is amended by
adding at the end the following: ``In the case of a physician,
the physician may not provide health care as a physician under
this chapter unless the current license is an unrestricted
license that is not subject to limitation on the scope of
practice ordinarily granted to other physicians for a similar
specialty by the jurisdiction that granted the license.''.
(b) Satisfaction of Continuing Medical Education
Requirements.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1094 the following new
section:
``Sec. 1094a. Continuing medical education requirements: system for
monitoring physician compliance
``The Secretary of Defense shall establish a mechanism for
ensuring that each person under the jurisdiction of the
Secretary of a military department who provides health care
underthis chapter as a physician satisfies the continuing
medical education requirements applicable to the physician.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1094
the following new item:
``1094a. Continuing medical education requirements: system for
monitoring physician compliance.''.
(c) Effective Dates.--(1) The amendment made by subsection
(a) shall take effect on October 1, 1999.
(2) The system required by section 1094a of title 10,
United States Code (as added by subsection (b)), shall take
effect on the date that is three years after the date of the
enactment of this Act.
Subtitle E--Other Matters
SEC. 741. ENHANCED DEPARTMENT OF DEFENSE ORGAN AND TISSUE DONOR
PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Organ and tissue transplantation is one of the
most remarkable medical success stories in the history
of medicine.
(2) Each year, the number of people waiting for
organ or tissue transplantation increases. It is
estimated that there are approximately 39,000 patients,
ranging in age from babies to those in retirement,
awaiting transplants of kidneys, hearts, livers, and
other solid organs.
(3) The Department of Defense has made significant
progress in increasing the awareness of the importance
of organ and tissue donations among members of the
Armed Forces.
(4) The inclusion of organ and tissue donor
elections in the Defense Enrollment Eligibility
Reporting System (DEERS) central database represents a
major step in ensuring that organ and tissue donor
elections are a matter of record and are accessible in
a timely manner.
(b) Responsibilities Regarding Organ and Tissue Donation.--
(1) Chapter 55 of title 10, United States Code, is amended by
adding after section 1108, as added by section 721(a)(1), the
following new section:
``Sec. 1109. Organ and tissue donor program
``(a) Responsibilities of the Secretary of Defense.--The
Secretary of Defense shall ensure that the advanced systems
developed for recording armed forces members' personal data and
information (such as the SMARTCARD, MEDITAG, and Personal
Information Carrier) include the capability to record organ and
tissue donation elections.
``(b) Responsibilities of the Secretaries of the Military
Departments.--(1) The Secretaries of the military departments
shall ensure that--
``(1) appropriate information about organ and
tissue donation is provided--
``(A) to each officer candidate during
initial training; and
``(B) to each recruit--
``(i) after completion by the
recruit of basic training; and
``(ii) before arrival of the
recruit at the first duty assignment of
the recruit;
``(2) members of the armed forces are given
recurring, specific opportunities to elect to be organ
or tissue donors during service in the armed forces and
upon retirement; and
``(3) members of the armed forces electing to be
organ or tissue donors are encouraged to advise their
next of kin concerning the donation decision and any
subsequent change of that decision.
``(c) Responsibilities of the Surgeons General of the
Military Departments.--The Surgeons General of the military
departments shall ensure that--
``(1) appropriate training is provided to enlisted
and officer medical personnel to facilitate the
effective operation of organ and tissue donation
activities under garrison conditions and, to the extent
possible, under operational conditions; and
``(2) medical logistical activities can, to the
extent possible without jeopardizing operational
requirements, support an effective organ and tissue
donation program.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 1108,
as added by section 721(a)(2), the following new item:
``1109. Organ and tissue donor program.''.
(c) Report.--Not later than September 1, 1999, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the implementation
of section 1109 of title 10, United States Code (as added by
subsection (b).
SEC. 742. 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. 743. AUTHORITY TO ESTABLISH CENTER FOR STUDY OF POST-DEPLOYMENT
HEALTH CONCERNS OF MEMBERS OF THE ARMED FORCES.
The Secretary of Defense is hereby authorized to establish
a center devoted to a longitudinal study to evaluate data on
the health conditions of members of the Armed Forces upon their
return from deployment on military operations for purposes of
ensuring the rapid identification of any trends in diseases,
illnesses, or injuries among such members as a result of such
operations.
SEC. 744. 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 enrolledat 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.
SEC. 745. JOINT DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS
AFFAIRS REPORTS RELATING TO INTERDEPARTMENTAL
COOPERATION IN THE DELIVERY OF MEDICAL CARE.
(a) Findings.--Congress makes the following findings:
(1) The military health care system of the
Department of Defense and the Veterans Health
Administration of the Department of Veterans Affairs
are national institutions that collectively manage more
than 1,500 hospitals, clinics, and health care
facilities worldwide to provide services to more than
11,000,000 beneficiaries.
(2) In the post-Cold War era, these institutions
are in a profound transition that involves challenging
opportunities.
(3) During the period from 1988 to 1998, the number
of military medical personnel has declined by 15
percent and the number of military hospitals has been
reduced by one-third.
(4) During the two years since 1996, the Department
of Veterans Affairs has revitalized its structure by
decentralizing authority into 22 Veterans Integrated
Service Networks.
(5) In the face of increasing costs of medical
care, increased demands for health care services, and
increasing budgetary constraints, the Department of
Defense and the Department of Veterans Affairs have
embarked on a variety of dynamic and innovative
cooperative programs ranging from shared services to
joint venture operations of medical facilities.
(6) In 1984, there was a combined total of 102
Department of Veterans Affairs and Department of
Defense facilities with sharing agreements. By 1997,
that number had grown to 420. During the six years from
fiscal year 1992 through fiscal year 1997, shared
services increased from slightly over 3,000 services to
more than 6,000 services, ranging from major medical
and surgical services, laundry, blood, and laboratory
services to unusual speciality care services.
(7) The Department of Defense and the Department of
Veterans Affairs are conducting four health care joint
ventures in New Mexico, Nevada, Texas, and Oklahoma,
and are planning to conduct four more such ventures in
Alaska, Florida, Hawaii, and California.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and the Department of
Veterans Affairs should be commended for the
cooperation between the two departments in the delivery
of medical care, of which the cooperation involved in
the establishment and operation of the Department of
Defense and the Department of Veterans Affairs
Executive Council is a praiseworthy example;
(2) the Department of Defense and the Department of
Veterans Affairs are encouraged to continue to explore
new opportunities to enhance the availability and
delivery of medical care to beneficiaries by further
enhancing the cooperative efforts of the departments;
and
(3) enhanced cooperation between the Department of
Defense and the Department of Veterans Affairs is
encouraged regarding--
(A) the general areas of access to quality
medical care, identification and elimination of
impediments to enhanced cooperation, and joint
research and program development; and
(B) the specific areas in which there is
significant potential to achieve progress in
cooperation in a short term, including
computerization of patient records systems,
participation of the Department of Veterans
Affairs in the TRICARE program, pharmaceutical
programs, and joint physical examinations.
(c) Joint Survey of Populations Served.--(1) The Secretary
of Defense and the Secretary of Veterans Affairs shall jointly
conduct a survey of their respective medical care beneficiary
populations to identify, by category of beneficiary (defined as
the Secretaries consider appropriate), the expectations of,
requirements for, and behavior patterns of the beneficiaries
with respect to medical care. The two Secretaries shall develop
the protocol for the survey jointly, but shall obtain the
services of an entity independent of the Department of Defense
and the Department of Veterans Affairs to carry out the survey.
(2) The survey shall include the following:
(A) Demographic characteristics, economic
characteristics, and geographic location of beneficiary
populations with regard to catchment or service areas.
(B) The types and frequency of care required by
veterans, retirees, and dependents within catchment or
service areas of Department of Defense and Department
of Veterans Affairs medical facilities and outside
those areas.
(C) The numbers of, characteristics of, and types
of medical care needed by the veterans, retirees, and
dependents who, though eligible for medical care in
Department of Defense or Department of Veterans Affairs
treatment facilities or through other federally funded
medical programs, choose not to seek medical care from
those facilities or under those programs, and the
reasons for that choice.
(D) The obstacles or disincentives for seeking
medical care from such facilities or under such
programs that are perceived by veterans, retirees, and
dependents.
(E) Any other matters that the Secretary of Defense
and the Secretary of Veterans Affairs consider
appropriate for the survey.
(3) The Secretary of Defense or the Secretary of Veterans
Affairs may waive the survey requirements under this subsection
with respect to information that can be better obtained from a
source other than the survey.
(4) The Secretary of Defense and the Secretary of Veterans
Affairs shall submit a report on the results of the survey to
the appropriate committees of Congress. The report shall
contain the matters described in paragraph (2) and any
proposals for legislation that the Secretaries recommend for
enhancing Department of Defense and Department of Veterans
Affairs cooperative efforts with respect to the delivery of
medical care.
(d) Review of Law and Policies.--(1) The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
conduct a review to identify impediments to cooperation between
the Department of Defense and the Department of Veterans
Affairs regarding the delivery of medical care. The matters
reviewed shall include the following:
(A) All laws, policies, and regulations, and any
attitudes of beneficiaries of the health care systems
of the two departments, that have the effect of
preventing the establishment, or limiting the
effectiveness, of cooperative health care programs of
the departments.
(B) The requirements and practices involved in the
credentialling and licensure of health care providers.
(C) The perceptions of beneficiaries in a variety
of categories (defined as the Secretaries consider
appropriate) regarding the various Federal health care
systems available for their use.
(D) The types and frequency of medical services
furnished by the Department of Defense and the
Departmentof Veterans Affairs through cooperative
arrangements to each category of beneficiary (including active-duty
members, retirees, dependents, veterans in the health-care eligibility
categories referred to as Category A and Category C, and persons
authorized to receive medical care under section 1713 of title 38,
United States Code) of the other department.
(E) The extent to which health care facilities of
the Department of Defense and Department of Veterans
Affairs have sufficient capacity, or could jointly or
individually create sufficient capacity, to provide
services to beneficiaries of the other department
without diminution of access or services to their
primary beneficiaries.
(F) The extent to which the recruitment of scarce
medical specialists and allied health personnel by the
Department of Defense and the Department of Veterans
Affairs could be enhanced through cooperative
arrangements for providing health care services.
(G) The obstacles and disincentives to providing
health care services through cooperative arrangements
between the Department of Defense and the Department of
Veterans Affairs.
(2) The Secretaries shall jointly submit a report on the
results of the review to the appropriate committees of
Congress. The report shall include any proposals for
legislation that the Secretaries recommend for eliminating or
reducing impediments to interdepartmental cooperation that are
identified during the review.
(e) Participation in TRICARE.--(1) The Secretary of Defense
shall review the TRICARE program to identify opportunities for
increased participation by the Department of Veterans Affairs
in that program. The ongoing collaboration between Department
of Defense officials and Department of Veterans Affairs
officials regarding increased participation shall be included
among the matters reviewed.
(2) The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate committees of
Congress a semiannual report on the status of the review under
this subsection and on efforts to increase the participation of
the Department of Veterans Affairs in the TRICARE program. No
report is required under this paragraph after the submission of
a semiannual report in which the Secretaries declare that the
Department of Veterans Affairs is participating in the TRICARE
program to the extent that can reasonably be expected to be
attained.
(f) Pharmaceutical Benefits and Programs.--(1) The
Department of Defense--Department of Veterans Affairs Federal
Pharmacy Executive Steering Committee shall--
(A) undertake a comprehensive examination of
existing pharmaceutical benefits and programs for
beneficiaries of Department of Defense medical care
programs, including matters relating to the purchasing,
distribution, and dispensing of pharmaceuticals and the
management of mail order pharmaceuticals programs; and
(B) review the existing methods for contracting for
and distributing medical supplies and services.
(2) The committee shall submit a report on the results of
the examination to the appropriate committees of Congress.
(g) Standardization of Physical Examinations for
Disability.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the appropriate
committees of Congress a report on the status of the efforts of
the Department of Defense and the Department of Veterans
Affairs to standardize physical examinations administered by
the two departments for the purpose of determining or rating
disabilities.
(h) Appropriate Committees of Congress Defined.--For the
purposes of this section, the appropriate committees of
Congress are as follows:
(1) The Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate.
(2) The Committee on National Security and the
Committee on Veterans' Affairs of the House of
Representatives.
(i) Deadlines for Submission of Reports.--(1) The report
required by subsection (c)(3) shall be submitted not later than
January 1, 2000.
(2) The report required by subsection (d)(2) shall be
submitted not later than March 1, 1999.
(3) The semiannual report required by subsection (e)(2)
shall be submitted not later than March 1 and September 1 of
each year.
(4) The report on the examination required under subsection
(f) shall be submitted not later than 60 days after the
completion of the examination.
(5) The report required by subsection (g) shall be
submitted not later than March 1, 1999.
SEC. 746. REPORT ON RESEARCH AND SURVEILLANCE ACTIVITIES REGARDING LYME
DISEASE AND OTHER TICK-BORNE DISEASES.
Not later than April 1, 1999, the Secretary of Defense
shall submit to the Committee on National Security of the House
of Representatives and the Committee on Armed Services of the
Senate a report on the current and recommended levels of
research and surveillance activities regarding Lyme disease and
other tick-borne diseases among members of the Armed Forces.
The report shall include the following:
(1) An analysis of the current and projected threat
to the operational readiness of the Armed Forces posed
by Lyme disease and other tick-borne diseases in the
United States and in overseas locations at which
members of the Armed Forces might be deployed.
(2) A review of the current research efforts being
implemented to prevent the contraction of Lyme disease
and other tick-borne diseases by members of the Armed
Forces, and to enhance the early identification of such
diseases once they have been contracted.
(3) An assessment of the adequacy of existing and
projected funding levels for research and surveillance
activities relating to Lyme disease and other tick-
borne diseases among members of the Armed Forces.
(4) The recommended funding levels necessary to
address the threats posed to the operational readiness
of the Armed Forces by Lyme disease and other tick-
borne diseases.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Limitation on use of price preference upon achievement of
contract goal for small and disadvantaged businesses.
Sec. 802. Distribution of assistance under the Procurement Technical
Assistance Cooperative Agreement Program.
Sec. 803. Defense commercial pricing management improvement.
Sec. 804. Modification of senior executives covered by limitation on
allowability of compensation for certain contractor personnel.
Sec. 805. Separate determinations of exceptional waivers of truth in
negotiation requirements for prime contracts and subcontracts.
Sec. 806. Procurement of conventional ammunition.
Sec. 807. Para-aramid fibers and yarns.
Sec. 808. Clarification of responsibility for submission of information
on prices previously charged for property or services offered.
Sec. 809. Amendments and study relating to procurement from firms in
industrial base for production of small arms.
Subtitle B--Other Matters
Sec. 811. Eligibility of involuntarily downgraded employee for
membership in an acquisition corps.
Sec. 812. Time for submission of annual report relating to Buy American
Act.
Sec. 813. Procurement of travel services for official and unofficial
travel under one contract.
Sec. 814. Department of Defense purchases through other agencies.
Sec. 815. Supervision of defense acquisition university structure by
Under Secretary of Defense for Acquisition and Technology.
Sec. 816. Pilot programs for testing program manager performance of
product support oversight responsibilities for life cycle of
acquisition programs.
Sec. 817. Scope of protection of certain information from disclosure.
Sec. 818. Plan for rapid transition from completion of small business
innovation research into defense acquisition programs.
Sec. 819. Five-year authority for Secretary of the Navy to exchange
certain items.
Sec. 820. Permanent authority for use of major range and test facility
installations by commercial entities.
Sec. 821. Inventory exchange authorized for certain fuel delivery
contract.
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. LIMITATION ON USE OF PRICE PREFERENCE UPON ACHIEVEMENT OF
CONTRACT GOAL FOR SMALL AND DISADVANTAGED
BUSINESSES.
Section 2323(e)(3) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by inserting ``, except as provided in
subparagraph (B),'' after ``the head of an agency may''
in the first sentence; and
(3) by adding at the end the following:
``(B)(i) The Secretary of Defense may not exercise
the authority under subparagraph (A) to enter into a
contract for a price exceeding fair market cost if the
regulations implementing that authority are suspended
under clause (ii) with respect to that contract.
``(ii) At the beginning of each fiscal year, the
Secretary shall determine, on the basis of the most
recent data, whether the Department of Defense achieved
the 5 percent goal described in subsection (a) during
the fiscal year to which the data relates. Upon
determining that the Department achieved the goal for
the fiscal year to which the data relates, the
Secretary shall issue a suspension, in writing, of the
regulations that implement the authority under
subparagraph (A). Such a suspension shall be in effect
for the one-year period beginning 30 days after the
date on which the suspension is issued and shall apply
with respect to contracts awarded pursuant to
solicitations issued during that period.
``(iii) For purposes of clause (ii), the term `most
recent data' means data relating to the most recent
fiscal year for which data are available.''.
SEC. 802. DISTRIBUTION OF ASSISTANCE UNDER THE PROCUREMENT TECHNICAL
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM.
(a) Correction of Description of Geographic Unit.--(1)
Section 2413(c) of title 10, United States Code, is amended by
striking out ``region'' and inserting in lieu thereof
``district''.
(2) Section 2415 of such title is amended--
(A) by striking out ``region'' and inserting in
lieu thereof ``district'' each place it appears; and
(B) by striking out ``regions'' and inserting in
lieu thereof ``districts''.
(b) Technical Amendment.--Section 2415 of such title is
amended by striking out ``Defense Contract Administrative
Services'' and inserting in lieu thereof ``Department of
Defense contract administrative services''.
SEC. 803. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVEMENT.
(a) Modification of Pricing Regulations for Certain
Commercial Items Exempt From Cost or Pricing Data Certification
Requirements.--(1) The Federal Acquisition Regulation issued in
accordance with sections 6 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 405, 421) shall be revised to
clarify the procedures and methods to be used for determining
the reasonableness of prices of exempt commercial items (as
defined in subsection (d)).
(2) The regulations shall, at a minimum, provide specific
guidance on--
(A) the appropriate application and precedence of
such price analysis tools as catalog-based pricing,
market-based pricing, historical pricing, parametric
pricing, and value analysis;
(B) the circumstances under which contracting
officers should require offerors of exempt commercial
items to provide--
(i) information on prices at which the
offeror has previously sold the same or similar
items; or
(ii) other information other than certified
cost or pricing data;
(C) the role and responsibility of Department of
Defense support organizations in procedures for
determining price reasonableness; and
(D) the meaning and appropriate application of the
term ``purposes other than governmental purposes'' in
section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
(3) This subsection shall cease to be effective one year
after the date on which final regulations prescribed pursuant
to paragraph (1) take effect.
(b) Unified Management of Procurement of Exempt Commercial
Items.--The Secretary of Defense shall develop and implement
procedures to ensure that, whenever appropriate, a single item
manager or contracting officer is responsible for negotiating
and entering into all contracts from a single contractor for
the procurement of exempt commercial items or for the
procurement of items in a category of exempt commercial items.
(c) Commercial Price Trend Analysis.--(1) The Secretary of
Defense shall develop and implement procedures that, to the
maximum extent that is practicable and consistent with the
efficient operation of the Department of Defense, provide for
the collection and analysis of information on price trends for
categories of exempt commercial items described in paragraph
(2).
(2) A category of exempt commercial items referred to in
paragraph (1) consists of exempt commercial items--
(A) that are in a single Federal Supply Group or
Federal Supply Class, are provided by a single
contractor, or are otherwise logically grouped for the
purpose of analyzing information on price trends; and
(B) for which there is a potential for the price
paid to be significantly higher (on a percentage basis)
than the prices previously paid in procurements of the
same or similar items for the Department of Defense, as
determined bythe head of the procuring Department of
Defense agency or the Secretary of the procuring military department on
the basis of criteria prescribed by the Secretary of Defense.
(3) The head of a Department of Defense agency or the
Secretary of a military department shall take appropriate
action to address any unreasonable escalation in prices being
paid for items procured by that agency or military department
as identified in an analysis conducted pursuant to paragraph
(1).
(4) Not later than April 1 of each of fiscal years 2000,
2001, and 2002, 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 analyses of price trends that were conducted for categories
of exempt commercial items during the preceding fiscal year
under the procedures prescribed pursuant to paragraph (1). The
report shall include a description of the actions taken to
identify and address any unreasonable price escalation for the
categories of items.
(d) Exempt Commercial Items Defined.--For the purposes of
this section, the term ``exempt commercial item'' means a
commercial item that is exempt under subsection (b)(1)(B) of
section 2306a of title 10, United States Code, or subsection
(b)(1)(B) of section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b), from the
requirements for submission of certified cost or pricing data
under that section.
SEC. 804. MODIFICATION OF SENIOR EXECUTIVES COVERED BY LIMITATION ON
ALLOWABILITY OF COMPENSATION FOR CERTAIN CONTRACTOR
PERSONNEL.
(a) Armed Services Acquisitions.--Section 2324(l)(5) of
title 10, United States Code, is amended to read as follows:
``(5) The term `senior executives', with respect to
a contractor, means the five most highly compensated
employees in management positions at each home office
and each segment of the contractor.''.
(b) Civilian Agency Acquisitions.--Section 306(m)(2) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 256(m)(2)) is amended to read as follows:
``(2) The term `senior executives', with respect to
a contractor, means the five most highly compensated
employees in management positions at each home office
and each segment of the contractor.''.
(c) Conforming Amendments.--(1) Section 39(c)(2) of the
Office of Federal Procurement Policy Act (41 U.S.C. 435(c)(2))
is amended to read as follows:
``(2) The term `senior executives', with respect to
a contractor, means the five most highly compensated
employees in management positions at each home office
and each segment of the contractor.''.
(2) Section 808(g)(2) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1838) is
amended by striking out ``senior executive'' and inserting in
lieu thereof ``senior executives''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to costs of compensation of senior
executives incurred after January 1, 1999, under covered
contracts (as defined in section 2324(l) of title 10, United
States Code, and section 306(l) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 256(l)) entered
into before, on, or after the date of the enactment of this
Act.
SEC. 805. SEPARATE DETERMINATIONS OF EXCEPTIONAL WAIVERS OF TRUTH IN
NEGOTIATION REQUIREMENTS FOR PRIME CONTRACTS AND
SUBCONTRACTS.
(a) Armed Services Acquisitions.--Section 2306a(a)(5) of
title 10, United States Code, is amended to read as follows:
``(5) A waiver of requirements for submission of certified
cost or pricing data that is granted under subsection (b)(1)(C)
in the case of a contract or subcontract does not waive the
requirement under paragraph (1)(C) for submission of cost or
pricing data in the case of subcontracts under that contract
orsubcontract unless the head of the procuring activity granting the
waiver determines that the requirement under that paragraph should be
waived in the case of such subcontracts and justifies in writing the
reasons for the determination.''.
(b) Civilian Agency Acquisitions.--Section 304A(a)(5) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 254b(a)(5)) is amended to read as follows:
``(5) A waiver of requirements for submission of certified
cost or pricing data that is granted under subsection (b)(1)(C)
in the case of a contract or subcontract does not waive the
requirement under paragraph (1)(C) for submission of cost or
pricing data in the case of subcontracts under that contract or
subcontract unless the head of the procuring activity granting
the waiver determines that the requirement under that paragraph
should be waived in the case of such subcontracts and justifies
in writing the reasons for the determination.''.
SEC. 806. PROCUREMENT OF CONVENTIONAL AMMUNITION.
(a) Authority.--The official in the Department of Defense
designated as the single manager for conventional ammunition in
the Department shall have the authority to restrict the
procurement of conventional ammunition to sources within the
national technology and industrial base in accordance with the
authority in section 2304(c) of title 10, United States Code.
(b) Requirement.--The official in the Department of Defense
designated as the single manager for conventional ammunition in
the Department of Defense shall limit a specific procurement of
ammunition to sources within the national technology and
industrial base in accordance with section 2304(c)(3) of title
10, United States Code, in any case in which that manager
determines that such limitation is necessary to maintain a
facility, producer, manufacturer, or other supplier available
for furnishing an essential item of ammunition or ammunition
component in cases of national emergency or to achieve
industrial mobilization.
(c) Conventional Ammunition Defined.--For purposes of this
section, the term ``conventional ammunition'' has the meaning
given that term in Department of Defense Directive 5160.65,
dated March 8, 1995.
SEC. 807. PARA-ARAMID FIBERS AND YARNS.
(a) Authority.--The Secretary of Defense may procure
articles containing para-aramid fibers and yarns manufactured
in a foreign country referred to in subsection (d) if the
Secretary determines that--
(1) procuring articles that contain only para-
aramid fibers and yarns manufactured from suppliers
within the national technology and industrial base
would result in sole-source contracts or subcontracts
for the supply of such para-aramid fibers and yarns;
and
(2) such sole-source contracts or subcontracts
would not be in the best interests of the Government or
consistent with the objectives of section 2304 of title
10, United States Code.
(b) Submission to Congress.--Not later than 30 days after
making a determination under subsection (a), the Secretary
shall submit to Congress a copy of the determination.
(c) Applicability to Subcontracts.--The authority under
subsection (a) applies with respect to subcontracts under
Department of Defense contracts as well as to such contracts.
(d) Foreign Countries Covered.--The authority under
subsection (a) applies with respect to a foreign country that--
(1) is a party to a defense memorandum of
understanding entered into under section 2531 of this
title; and
(2) permits United States firms that manufacture
para-aramid fibers and yarns to compete with foreign
firms for the sale of para-aramid fibers and yarns in
that country, as determined by the Secretary of
Defense.
(e) Definition.--In this section, the term ``national
technology and industrial base'' has the meaning given that
term in section 2500 of title 10, United States Code.
SEC. 808. CLARIFICATION OF RESPONSIBILITY FOR SUBMISSION OF INFORMATION
ON PRICES PREVIOUSLY CHARGED FOR PROPERTY OR
SERVICES OFFERED.
(a) Armed Services Procurements.--Section 2306a(d)(1) of
title 10, United States Code, is amended by striking out ``the
data submitted shall'' in the second sentence and inserting in
lieu thereof the following: ``the contracting officer shall
require that the data submitted''.
(b) Civilian Agency Procurements.--Section 304A(d)(1) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 254b(d)(1)), is amended by striking out ``the data
submitted shall'' in the second sentence and inserting in lieu
thereof the following: ``the contracting officer shall require
that the data submitted''.
(c) Eligibility for Contracts and Subcontracts To Be
Conditioned on Compliance.--Not later than 180 days after the
date of the enactment of this Act, the Federal Acquisition
Regulation shall be amended to provide that an offeror's
compliance with a requirement to submit data for a contract or
subcontract in accordance with section 2306a(d)(1) of title 10,
United States Code, or section 304A(d)(1) of the Federal
Property and Administrative Services Act of 1949 shall be a
condition for the offeror to be eligible to enter into the
contract or subcontract, subject to such exceptions as the
Federal Acquisition Regulatory Council determines appropriate.
(d) Criteria for Certain Determinations.--Not later than
180 days after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be amended to include
criteria for contracting officers to apply for determining the
specific price information that an offeror should be required
to submit under section 2306a(d) of title 10, United States
Code, or section 304A(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b(d)).
SEC. 809. AMENDMENTS AND STUDY 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'';
(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''; and
(3) by inserting before the period at the end the
following: ``, unless the Secretary determines, with
regard to a particular procurement, that such
requirement is not necessary to preserve the small arms
production industrial base''.
(b) Specification of Included Repair Parts.--Subsection (b)
of such section is amended in paragraph (1) by inserting before
the period the following: ``, including repair parts consisting
of barrels, receivers, and bolts''.
(c) Applicability of Requirement.--Such section is further
amended--
(1) in subsection (b), by striking out
``Subsection'' and inserting in lieu thereof ``Subject
to subsection (d), subsection''; and
(2) by adding at the end the following new
subsection:
``(d) Applicability.--This section applies only to
procurements of covered property and services involving the
following small arms:
``(1) M16 series rifle.
``(2) MK19 grenade machine gun.
``(3) M4 series carbine.
``(4) M240 series machine gun.
``(5) M249 squad automatic weapon.''.
(d) Submission of Certified Cost or Pricing Data.--Such
section is further amended by adding at the end the following
new subsection:
``(e) Submission of Certified Cost or Pricing Data.--If a
procurement under subsection (a) is a procurement of a
commercial item, the Secretary may, notwithstanding section
2306a(b)(1)(B) of this title, require the submission of
certified cost or pricing data under section 2306a(a) of this
title.''.
(e) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall conduct
a study, to be carried out by the Army Science Board, to
examine whether the requirements of section 2473 of title 10,
United States Code, should be extended to small arms (as
specified in subsection (d) of such section) and the parts
manufactured under a contract with the Department of Defense to
produce such small arms.
(f) Authority to Extend Requirements of Section 2473.--
Based upon recommendations of the Army Science Board resulting
from the study conducted under subsection (e), the Secretary of
the Army may apply the requirements of section 2473 of title
10, United States Code, to the small arms and parts referred to
in subsection (e).
Subtitle B--Other Matters
SEC. 811. ELIGIBILITY OF INVOLUNTARILY DOWNGRADED EMPLOYEE FOR
MEMBERSHIP IN AN ACQUISITION CORPS.
Section 1732(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) Paragraph (1) of subsection (b) shall not apply to an
employee who--
``(A) having previously served in a position within
a grade referred to in subparagraph (A) of that
paragraph, is currently serving in the same position
within a grade below GS-13 of the General Schedule, or
in another position within that grade, by reason of a
reduction in force or the closure or realignment of a
military installation, or for any other reason other
than by reason of an adverse personnel action for
cause; and
``(B) except as provided in paragraphs (1) and (2),
satisfies the educational, experience, and other
requirements prescribed under paragraphs (2), (3), and
(4) of that subsection.''.
SEC. 812. TIME FOR SUBMISSION OF ANNUAL REPORT RELATING TO BUY AMERICAN
ACT.
Section 827 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2611; 41 U.S.C.
10b-3) is amended by striking out ``90 days'' and inserting in
lieu thereof ``60 days''.
SEC. 813. PROCUREMENT OF TRAVEL SERVICES FOR OFFICIAL AND UNOFFICIAL
TRAVEL UNDER ONE CONTRACT.
(a) Authority.--Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2646. Travel services: procurement for official and unofficial
travel under one contract
``(a) Authority.--The head of an agency may enter into a
contract for travel-related services that provides for the
contractor to furnish services for both official travel and
unofficial travel.
``(b) Credits, Discounts, Commissions, Fees.--(1) A
contract entered into under this section may provide for
credits, discounts, or commissions or other fees to accrue to
the Department of Defense. The accrual and amounts of credits,
discounts, or commissions or other fees may be determined on
the basis of the volume (measured in the number or total amount
of transactions or otherwise) of the travel-related sales that
are made by the contractor under the contract.
``(2) The evaluation factors applicable to offers for a
contract under this section may include a factor that relates
to the estimated aggregate value of any credits, discounts,
commissions, or other fees that would accrue to the Department
of Defense for the travel-related sales made under the
contract.
``(3) Commissions or fees received by the Department of
Defense as a result of travel-related sales made under a
contract entered into under this section shall be distributed
as follows:
``(A) For amounts relating to sales for official
travel, credit to appropriations available for official
travel for the fiscal year in which the amounts were
charged.
``(B) For amounts relating to sales for unofficial
travel, deposit in nonappropriated fund accounts
available for morale, welfare, and recreation programs.
``(c) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning
given that term in section 2302(1) of this title.
``(2) The term `official travel' means travel at
the expense of the Federal Government.
``(3) The term `unofficial travel' means personal
travel or other travel that is not paid for or
reimbursed by the Federal Government out of
appropriated funds.
``(d) Inapplicability to Coast Guard and NASA.--This
section does not apply to the Coast Guard when it is not
operating as a service in the Navy, nor to the National
Aeronautics and Space Administration.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2646. Travel services: procurement for official and unofficial travel
under one contract.''.
SEC. 814. DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER AGENCIES.
(a) Extension of Regulations.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the regulations issued pursuant to section 844 of
the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1720; 31 U.S.C. 1535 note) to--
(1) cover any purchase described in subsection (b)
that is greater than the micro-purchase threshold; and
(2) provide for a streamlined method of compliance
for any such purchase that is not greater than the
simplified acquisition threshold.
(b) Description of Purchases.--A purchase referred to in
subsection (a) is a purchase of goods or services for one
agency of the Department of Defense by any other agency under a
task or delivery order contract entered into by the other
agency under section 2304a of title 10, United States Code, or
section 303H of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h).
(c) Definitions.--In this section:
(1) The term ``micro-purchase threshold'' has the
meaning provided in section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428).
(2) The term ``simplified acquisition threshold''
has the meaning provided in section 4 of such Act (41
U.S.C. 403).
(d) Termination.--This section shall cease to be effective
one year after the date on which final regulations prescribed
pursuant to subsection (a) take effect.
SEC. 815. SUPERVISION OF DEFENSE ACQUISITION UNIVERSITY STRUCTURE BY
UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
TECHNOLOGY.
Section 1702 of title 10, United States Code, is amended by
adding at the end the following: ``The Under Secretary shall
prescribe policies and requirements for the educational
programs of the defense acquisition university structure
established under section 1746 of this title.''.
SEC. 816. PILOT PROGRAMS FOR TESTING PROGRAM MANAGER PERFORMANCE OF
PRODUCT SUPPORT OVERSIGHT RESPONSIBILITIES FOR LIFE
CYCLE OF ACQUISITION PROGRAMS.
(a) Designation of Pilot Programs.--The Secretary of
Defense, acting through the Secretaries of the military
departments, shall designate 10 acquisition programs of the
military departments as pilot programs on program manager
responsibility for product support.
(b) Responsibilities of Program Managers.--The program
manager for each acquisition program designated as a pilot
program under this section shall have the responsibility for
ensuring that the product support functions for the program are
properly carried out over the entire life cycle of the program.
(c) Report.--Not later than February 1, 1999, the Secretary
of Defense shall submit to the congressional defense committees
a report on the pilot programs. The report shall contain the
following:
(1) A description of the acquisition programs
designated as pilot programs under subsection (a).
(2) For each such acquisition program, the specific
management actions taken to ensure that the program
manager has the responsibility for oversight of the
performance of the product support functions.
(3) Any proposed change to law, policy, regulation,
or organization that the Secretary considers desirable,
and determines feasible to implement, for ensuring that
the program managers are fully responsible under the
pilot programs for the performance of all such
responsibilities.
SEC. 817. SCOPE OF PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.
Section 2371(i)(2)(A) of title 10, United States Code, is
amended by striking out ``cooperative agreement that includes a
clause described in subsection (d)'' and inserting in lieu
thereof ``cooperative agreement for performance of basic,
applied, or advanced research authorized by section 2358 of
this title''.
SEC. 818. PLAN FOR RAPID TRANSITION FROM COMPLETION OF SMALL BUSINESS
INNOVATION RESEARCH INTO DEFENSE ACQUISITION
PROGRAMS.
(a) Plan Required.--(1) Not later than February 1, 1999,
the Secretary of Defense, in consultation with the
Administrator of the Small Business Administration, shall
develop a plan for facilitating the rapid transition into
Department of Defense acquisition programs of successful first
phase and second phase activities under the Small Business
Innovation Research program under section 9 of the Small
Business Act (15 U.S.C. 638).
(2) The Secretary shall submit the plan developed under
paragraph (1) to--
(A) the Committee on Armed Services and the
Committee on Small Business of the Senate; and
(B) the Committee on National Security and the
Committee on Small Business of the House of
Representatives.
(b) Conditions.--The plan developed under subsection (a)
shall--
(1) be consistent with the Small Business
Innovation Research program and with the provisions of
division D of the Clinger-Cohen Act of 1996 (division D
of Public Law 104-106; 110 Stat. 642) and the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-
355; 108 Stat. 3243) that are applicable to the
Department of Defense; and
(2) provide for favorable consideration, in the
acquisition planning process, for funding projects
under the Small Business Innovation Research program
that have successfully completed the second phase or
are subject to a third phase agreement entered into
pursuant to section 9(r) of the Small Business Act (15
U.S.C. 638(r)).
SEC. 819. FIVE-YEAR AUTHORITY FOR SECRETARY OF THE NAVY TO EXCHANGE
CERTAIN ITEMS.
(a) Barter Authority.--The Secretary of the Navy may enter
into a barter agreement to convey trucks and other tactical
vehicles in exchange for the repair and remanufacture of ribbon
bridges for the Marine Corps. The Secretary shall enter into
any such agreement in accordance with section 201(c) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481(c)), and the regulations issued under such section,
except that the requirement that the items to be exchanged be
similar shall not apply to the authority provided under this
subsection.
(b) Period of Authority.--The authority to enter into
agreements under subsection (a) and to make exchanges under any
such agreement is effective during the five-year period
beginning on October 1, 1998.
SEC. 820. PERMANENT AUTHORITY FOR USE OF MAJOR RANGE AND TEST FACILITY
INSTALLATIONS BY COMMERCIAL ENTITIES.
(a) Permanent Authority.--Subsection (g) of section 2681 of
title 10, United States Code, is repealed.
(b) Repeal of Executed Reporting Requirement.--Subsection
(h) of such section is repealed.
SEC. 821. INVENTORY EXCHANGE AUTHORIZED FOR CERTAIN FUEL DELIVERY
CONTRACT.
(a) Exchange of Barrels Authorized.--(1) The Secretary of
Defense shall provide, under a contract described in subsection
(f), that the contract may be performed, during the period
described in paragraph (2), by means of delivery of fuel
obtained by the refiner concerned in an inventory exchange of
barrels of fuel, in any case in which--
(A) the refiner is unable to physically deliver
fuel in compliance with the contract requirements
because of ice conditions in Cook Inlet, as determined
by the Coast Guard; and
(B) the Secretary determines that such inability
will result in an inequity to the refiner.
(2) The period referred to in paragraph (1) is the period
beginning on the date of the enactment of this Act and ending
on February 28, 1999.
(b) Limitation.--The number of barrels of fuel exchanged
pursuant to a contract described in subsection (f) may contain
up to 15 percent of the total quantity of fuel required to be
delivered under the contract.
(c) Effect on Status as Small Disadvantaged Business.--
Nothing in this section, and no action taken pursuant to this
section, may be construed as affecting the status of the
refiner as a small disadvantaged business.
(d) Effect on Contractual Obligations.--Nothing in this
section may be construed as affecting the requirement of a
refiner to fulfill its contractual obligations under a contract
described in subsection (e), other than as provided under
subsection (b).
(e) Small Disadvantaged Business Defined.--For the purposes
of this section, the term `small disadvantaged business' means
a socially and economically disadvantaged small business
concern, a small business concern owned and controlled by
socially and economically disadvantaged individuals, and a
qualified HUBZone small business concern, as those terms are
defined in sections 8(a)(4)(A), 8(d)(3)(C), and 3(p) of the
Small Business Act (15 U.S.C. 637(a)(4)(A)), 637(d)(3)(C), and
632(p)), respectively.
(f) Applicability.--This section applies to any contract
between the Defense Energy Supply Center of the Department of
Defense and a refiner that qualifies as a small disadvantaged
business for the delivery of fuel by barge to Defense Energy
Supply Point-Anchorage.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Officers and Organization
Sec. 901. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 902. Repeal of statutory requirement for position of Assistant
Secretary of Defense for Command, Control, Communications, and
Intelligence.
Sec. 903. Independent task force on transformation and Department of
Defense organization.
Sec. 904. Authority to expand the National Defense University.
Sec. 905. Center for Hemispheric Defense Studies.
Sec. 906. Restructuring of administration of Fisher Houses.
Sec. 907. Management reform for research, development, test, and
evaluation activities.
Subtitle B--Department of Defense Financial Management
Sec. 911. Improved accounting for defense contract services.
Sec. 912. Report on Department of Defense financial management
improvement plan.
Sec. 913. Study of feasibility of performance of Department of Defense
finance and accounting functions by private sector sources or
other Federal sources.
Sec. 914. Limitation on reorganization and consolidation of operating
locations of the Defense Finance and Accounting Service.
Sec. 915. Annual report on resources allocated to support and mission
activities.
Subtitle C--Joint Warfighting Experimentation
Sec. 921. Findings concerning joint warfighting experimentation.
Sec. 922. Sense of Congress concerning joint warfighting
experimentation.
Sec. 923. Reports on joint warfighting experimentation.
Subtitle D--Other Matters
Sec. 931. Further reductions in defense acquisition and support
workforce.
Sec. 932. Limitation on operation and support funds for the Office of
the Secretary of Defense.
Sec. 933. Clarification and simplification of responsibilities of
Inspectors General regarding whistleblower protections.
Sec. 934. Repeal of requirement relating to assignment of tactical
airlift mission to Reserve components.
Sec. 935. Consultation with Marine Corps on major decisions directly
concerning Marine Corps aviation.
Subtitle A--Department of Defense Officers and Organization
SEC. 901. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF DEFENSE
POSITIONS.
(a) Reduction to Nine Positions.--Section 138(a) of title
10, United States Code, is amended by striking out ``ten'' and
insert in lieu thereof ``nine''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by striking out ``(10)'' after
`Assistant Secretaries of Defense'' and inserting in lieu
thereof ``(9)''.
SEC. 902. REPEAL OF STATUTORY REQUIREMENT FOR POSITION OF ASSISTANT
SECRETARY OF DEFENSE FOR COMMAND, CONTROL,
COMMUNICATIONS, AND INTELLIGENCE.
Section 138(b) of title 10, United States Code is amended
by striking out paragraph (3).
SEC. 903. 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 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 Defenseto carry out operations involving joint
forces, but did not specifically address issues pertaining to the
development of joint operations.
(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 operations.
(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 and
for conducting joint warfighting
experimentation;
(C) establishing a separate 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
to conduct joint experimentation and to
integrate the similar efforts of the Armed
Forces; and
(E) establishing an Assistant Secretary of
Defense responsible 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. 904. AUTHORITY TO EXPAND THE NATIONAL DEFENSE UNIVERSITY.
Section 2165(b) of title 10, United States Code, is amended
by adding at the end the following:
``(7) Any other educational institution of the
Department of Defense that the Secretary considers
appropriate and designates as an institution of the
university.''.
SEC. 905. CENTER FOR HEMISPHERIC DEFENSE STUDIES.
(a) Funding for Center.--Section 2165 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Source of Funds for Center for Hemispheric Defense
Studies.--Funds available for the payment of personnel expenses
under the Latin American cooperation authority set forth in
section 1050 of this title are also available for the costs of
the operation of the Center for Hemispheric Defense Studies.''.
(b) Conforming Amendment.--Section 1050 of such title is
amended by inserting ``Secretary of Defense or the'' before
``Secretary of a military department''.
SEC. 906. RESTRUCTURING OF ADMINISTRATION OF FISHER HOUSES.
(a) Administration as Nonappropriated Fund
Instrumentality.--(1) Chapter 147 of title 10, United States
Code, is amended by inserting after section 2492 (as added by
section 365) the following new section:
``Sec. 2493. Fisher Houses: administration as nonappropriated fund
instrumentality
``(a) Fisher Houses and Suites Defined.--In this section:
``(1) The term `Fisher House' means a housing
facility that--
``(A) is located in proximity to a health
care facility of the Army, the Air Force, or
the Navy;
``(B) is available for residential use on a
temporary basis by patients of that health care
facility, members of the families of such
patients, and others providing the equivalent
of familial support for such patients; and
``(C) is constructed and donated by--
``(i) the Zachary and Elizabeth M.
Fisher Armed Services Foundation; or
``(ii) another source, if the
Secretary of the military department
concerned designates the housing
facility as a Fisher House.
``(2) The term `Fisher Suite' means one or more
rooms that--
``(A) meet the requirements of
subparagraphs (A) and (B) of paragraph (1);
``(B) are constructed, altered, or repaired
and donated by a source described in
subparagraph (C) of that paragraph; and
``(C) are designated by the Secretary of
the military department concerned as a Fisher
Suite.
``(b) Nonappropriated Fund Instrumentality.--The Secretary
of each military department shall administer all Fisher Houses
and Fisher Suites associated with health care facilities of
that military department as a nonappropriated fund
instrumentality of the United States.
``(c) Governance.--The Secretary of each military
department shall establish a system for the governance of the
nonappropriated fund instrumentality required by subsection (b)
for that military department.
``(d) Central Fund.--The Secretary of each military
department shall establish a single fund as the source of
funding for the operation, maintenance, and improvement of all
Fisher Houses and Fisher Suites of the nonappropriated fund
instrumentality required by subsection (b) for that military
department.
``(e) Acceptance of Contributions; Imposition of Fees.--(1)
The Secretary of a military department may--
``(A) accept money, property, and services donated
for the support of a Fisher House or Fisher Suite
associated with health care facilities of that military
department; and
``(B) may impose fees relating to the use of such
Fisher Houses and Fisher Suites.
``(2) All monetary donations, and the proceeds of the
disposal of any other donated property, accepted by the
Secretary of a military department under this subsection shall
be credited to the fund established under subsection (d) for
the Fisher Houses and Fisher Suites associated with health care
facilities of that military department and shall be available
to that Secretary to support all such Fisher Houses and Fisher
Suites.
``(f) Annual Report.--Not later than January 15 of each
year, the Secretary of each military department shall submit to
Congress a report describing the operation of Fisher Houses and
Fisher Suites associated with health care facilities of that
military department. The report shall include, at a minimum,
the following:
``(1) The amount in the fund established by that
Secretary under subsection (d) as of October 1 of the
previous year.
``(2) The operation of the fund during the
preceding fiscal year, including--
``(A) all gifts, fees, and interest
credited to the fund; and
``(B) all disbursements from the fund.
``(3) The budget for the operation of the Fisher
Houses and Fisher Suites for the fiscal year in which
the report is submitted.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2492
(as added by section 365) the following new item:
``2493. Fisher Houses: administration as nonappropriated fund
instrumentality.''.
(b) Establishment of Funds.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of each
military department shall--
(1) establish the fund required under section
2493(d) of title 10, United States Code (as added by
subsection (a)); and
(2) close the Fisher House Trust Fund established
for that department under section 2221 of such title
and transfer the amounts in the closed fund to the
newly established fund.
(c) Funding Transition.--(1) Of the amount authorized to be
appropriated pursuant to section 301(2) for operation and
maintenance for the Navy, the Secretary of the Navy shall
transfer to the fund established by that Secretary under
section 2493(d) of title 10, United States Code (as added by
subsection (a)), such amount as that Secretary considers
appropriate for establishing in the fund a corpus sufficient
for operating Fisher Houses and Fisher Suites associated with
health care facilities of the Department of the Navy.
(2) Of the amount authorized to be appropriated pursuant to
section 301(4) for operation and maintenance for the Air Force,
the Secretary of the Air Force shall transfer to the fund
established by that Secretary under section 2493(d) of title
10, United States Code (as added by subsection (a)), such
amount as that Secretary considers appropriate for establishing
in the fund a corpus sufficient for operating Fisher Houses and
Fisher Suites associated with health care facilities of the
Department of the Air Force.
(d) Reporting Requirements.--The Secretary of each military
department, upon completing the actions required of the
Secretary under subsections (b) and (c), shall submit to
Congress a report containing--
(1) the certification of that Secretary that those
actions have been completed; and
(2) a statement of the amount deposited in the fund
established by that Secretary under section 2493(d) of
title 10, United States Code (as added by subsection
(a)).
(e) Availability of Transferred Amounts.--Amounts
transferred under subsection (b) or (c) to a fund established
under section 2493(d) of title 10, United States Code(as added
by subsection (a)), shall be available without fiscal year limitation
for the purposes for which the fund is established and shall be
administered as nonappropriated funds.
(f) Conforming Repeals.--(1) Section 2221 of title 10,
United States Code, and the item relating to that section in
the table of sections at the beginning of chapter 131 of such
title, are repealed.
(2) Section 1321(a) of title 31, United States Code, is
amended by striking out paragraphs (92), (93), and (94).
(3) The amendments made by this subsection shall take
effect 90 days after the date of the enactment of this Act.
SEC. 907. MANAGEMENT REFORM FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION ACTIVITIES.
(a) Analysis and Plan for Reform of Management of RDTE
Activities.--(1) The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Technology,
shall analyze the structures and processes of the Department of
Defense for management of its laboratories and test and
evaluation centers. Taking into consideration the results of
that analysis, the Secretary shall develop a plan for improving
the management of those laboratories and centers. The plan
shall include such reorganizations and reforms as the Secretary
considers appropriate.
(2) The analysis under paragraph (1) shall include an
analysis of each of the following with respect to Department of
Defense laboratories and test and evaluation centers:
(A) Opportunities to improve efficiency and reduce
duplication of efforts by those laboratories and
centers by designating a lead agency or executive agent
by area or function or other methods of streamlining
management.
(B) Reform of the management processes of those
laboratories and centers that would reduce costs and
increase efficiency in the conduct of research,
development, test, and evaluation activities.
(C) Opportunities for those laboratories and
centers to enter into partnership arrangements with
laboratories in industry, academia, and other Federal
agencies that demonstrate leadership, initiative, and
innovation in research, development, test, and
evaluation activities.
(D) The extent to which there is disseminated
within those laboratories and centers information
regarding initiatives that have successfully improved
efficiency through reform of management processes and
other means.
(E) Any cost savings that can be derived directly
from reorganization of management structures of those
laboratories and centers.
(F) Options for reinvesting any such cost savings
in those laboratories and centers.
(3) The Secretary shall submit the plan required under
paragraph (1) to the congressional defense committees not later
than 180 days after the date of the enactment of this Act.
(b) Cost-Based Management Information System.--(1) The
Secretary of Defense shall develop a plan, including a
schedule, for establishing a cost-based management information
system for Department of Defense laboratories and test and
evaluation centers. The system shall provide for accurately
identifying and comparing the costs of operating each
laboratory and each center.
(2) In preparing the plan, the Secretary shall assess the
feasibility and desirability of establishing a common
methodology for assessing costs. The Secretary shall consider
the use of a revolving fund as one potential methodology.
(3) The Secretary shall submit the plan required under
paragraph (1) to the congressional defense committees not later
than 90 days after the date of the enactment of this Act.
Subtitle B--Department of Defense Financial Management
SEC. 911. 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 (subject to the
authorized exemptions):
``(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
conduct a review of 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) 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 review under subsection (c).
``(e) Assessment by Comptroller General.--(1) The
Comptroller General shall conduct a review of the report of the
Secretary of Defense under subsection (d) 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 (d) 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).
``(f) 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 `authorized exemptions' means those
exemptions authorized (as of the date of the enactment
of this section) under Department of Defense Directive
4205.2, captioned `Acquiring and Managing Contracted
Advisory and Assistance Services (CAAS)' and issued by
the Under Secretary of Defense for Acquisition and
Technology on February 10, 1992, such exemptions being
set forth in Enclosure 3 to that directive (captioned
`CAAS Exemptions').''.
(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 conduct a review of 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 (f)(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 $240,000,000.
SEC. 912. REPORT ON DEPARTMENT OF DEFENSE FINANCIAL MANAGEMENT
IMPROVEMENT PLAN.
Not later than 60 days after the date on which the
Secretary of Defense submits the first biennial financial
management improvement plan required by section 2222 of title
10, United States Code, the Comptroller General shall submit to
Congress an analysis of the plan. The analysis shall include a
discussion of the content of the plan and the extent to which
the plan--
(1) complies with the requirements of such section
2222; and
(2) is a workable plan for addressing the financial
management problems of the Department of Defense.
SEC. 913. STUDY OF FEASIBILITY OF PERFORMANCE OF DEPARTMENT OF DEFENSE
FINANCE AND ACCOUNTING FUNCTIONS BY PRIVATE SECTOR
SOURCES OR OTHER FEDERAL SOURCES.
(a) Study Required.--(1) The Secretary of Defense shall
carry out a study of the feasibility and advisability of
selecting on a competitive basis the source or sources for
performing the finance and accounting functions of the
Department of Defense from among the Defense Finance and
Accounting Service of the Department of Defense and non-DFAS
sources.
(2) For the purposes of this section, the term ``non-DFAS
sources'' means--
(A) the military departments;
(B) Federal agencies outside the Department of
Defense; and
(C) private sector sources.
(b) Report.--Not later than October 1, 1999, the Secretary
shall submit to Congress a report in writing on the results of
the study. The report shall include the following:
(1) A discussion of how the finance and accounting
functions of the Department of Defense are performed,
including the necessary operations, the operations
actually performed, the personnel required for the
operations, and the core competencies that are
necessary for the performance of those functions.
(2) A comparison of the performance of the finance
and accounting functions by the Defense Finance and
Accounting Service with the performance of finance and
accounting functions by non-DFAS sources that exemplify
the best finance and accounting practices and results,
together with a comparison of the costs of the
performance of those functions by the Defense Finance
and Accounting Service and the estimated costs of the
performance of those functions by non-DFAS sources.
(3) The finance and accounting functions, if any,
that are appropriate for performance by non-DFAS
sources, together with a concept of operations that--
(A) specifies the mission;
(B) identifies the finance and accounting
operations to be performed;
(C) describes the work force that is
necessary to perform those operations;
(D) discusses where the operations are to
be performed;
(E) describes how the operations are to be
performed; and
(F) discusses the relationship between how
the operations are to be performed and the
mission.
(4) An analysis of how Department of Defense
programs or processes would be affected by the
performance of the finance and accounting functions of
the Department of Defense by one or more non-DFAS
source.
(5) The status of the efforts within the Department
of Defense to consolidate and eliminate redundant
finance and accounting systems and to better integrate
the automated and manual systems of the department that
provide input to financial management or accounting
systems of the department.
(6) A description of a feasible and effective
process for selecting, on a competitive basis, sources
to perform the finance and accounting functions of the
Department of Defense from among the Defense Finance
and Accounting Service and non-DFAS sources, including
a discussion of the selection criteria the Secretary
considers appropriate.
(7) An analysis of the costs and benefits of the
various policies and actions recommended.
(8) A discussion of any findings, analyses, and
recommendations on the performance of the finance and
accounting functions of the Department of Defense that
have been made by the Task Force on Defense Reform
appointed by the Secretary of Defense on May 14, 1997.
(9) Any additional information and recommendations
the Secretary considers appropriate.
(c) Market Research.--In carrying out the study, the
Secretary shall conduct market research to determine whether or
not an efficient and competitive domestic market for finance
and accounting services exists. In conducting that research,
the Secretary shall consider whether the domestic market for
finance and accounting services could be reasonably expected to
generate responsive private sector competitors for the
provision of the finance and accounting services, or a portion
of such services, of the Department of Defense and whether
there are any substantial barriers to entry or expansion in
that market. In conducting such research, the Secretary shall
consider not only the current state of the domestic market for
finance and accounting services, but also the potential effects
that the entry of the Department of Defense as a large, long-
term consumer of such services might have on that market.
SEC. 914. LIMITATION ON REORGANIZATION AND CONSOLIDATION OF OPERATING
LOCATIONS OF THE DEFENSE FINANCE AND ACCOUNTING
SERVICE.
(a) Limitation.--The Secretary of Defense may not close any
operating location of the Defense Finance and Accounting
Service before the date that is 90 days after the date on which
the Secretary submits to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives the plan required by subsection (b).
(b) Plan Required.--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 strategic plan for improving the financial management
operations at each of the operating locations of the Defense
Finance and Accounting Service.
(c) Content of Plan.--The plan shall include the following:
(1) The workloads that it is necessary to perform
at those operating locations each fiscal year.
(2) The capacity and number of operating locations
that are necessary for performing those workloads.
(3) A discussion of the costs and benefits that
could result from reorganizing the operating locations
of the Defense Finance and Accounting Service on the
basis of function performed, together with the
Secretary's assessment of the feasibility of carrying
out such a reorganization.
(d) Submittal of Plan.--The plan shall be submitted to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives not later
than January 15, 1999.
SEC. 915. ANNUAL REPORT ON RESOURCES ALLOCATED TO SUPPORT AND MISSION
ACTIVITIES.
(a) Requirement.--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 fiscal years.
``(2) A comparison of the number of military and
civilian personnel, shown by major occupational
category, assignedto support positions and to mission
positions for each of the preceding five fiscal 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 fiscal 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 five
fiscal years.''.
(b) Report on Terminology.--Not later than 90 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 setting forth the definitions of the
terms ``support'' and ``mission'' that the Secretary proposes
to use for purposes of the report requirement under section
113(l) of title 10, United States Code, as added by subsection
(a).
Subtitle C--Joint Warfighting Experimentation
SEC. 921. FINDINGS CONCERNING JOINT WARFIGHTING EXPERIMENTATION.
Congress makes the following findings:
(1) The assessments of the Quadrennial Defense
Review and the National Defense Panel provide a
compelling argument--
(A) that the security environment in the
early 21st century will include fundamentally
different military challenges than the security
environment in the late 20th century; and
(B) reinforce the premise of the Goldwater-
Nichols Department of Defense Reorganization
Act of 1986 that future warfare will require
more effective joint operational concepts.
(2) Joint experimentation is necessary for--
(A) integrating advances in technology with
changes in organizational structure and joint
operational concepts; and
(B) determining the interdependent aspects
of joint warfare that are key for transforming
the conduct of military operations to meet
future challenges successfully.
(3) It is essential that an energetic and
innovative organization be established in the
Department of Defense with the authority (subject to
the authority and guidance of the Secretary of Defense
and Chairman of the Joint Chiefs of Staff) to design
and implement a process of joint experimentation to
investigate and test technologies and alternative
forces and concepts in field environments under
realistic conditions against the full range of future
challenges to assist in developing and validating new
joint warfighting concepts and transforming the Armed
Forces to meet the threats to national security
anticipated for the early 21st century.
SEC. 922. SENSE OF CONGRESS CONCERNING JOINT WARFIGHTING
EXPERIMENTATION.
(a) Designation of Commander To Have Joint Warfighting
Experimentation Mission.--It is the sense of Congress that the
initiative of the Secretary of Defense to designate the
commander of a combatant command to have the mission of joint
warfighting experimentation is a key step in exploiting the
potential of advanced technologies, new organizational
structures, and new joint operational concepts to transform the
conduct of military operations by the Armed Forces.
(b) Resources and Authority of Commander.--It is, further,
the sense of Congress that the commander of the combatant
command referred to in subsection (a) should be provided with
appropriate and sufficient resources for joint warfighting
experimentation and with the appropriate authority to execute
the commander's assigned responsibilities and that such
authority should include the following:
(1) Planning, preparing, and conducting the program
of joint warfighting experimentation, which program
should include analyses, simulations, wargames,
experiments, advanced concept technology
demonstrations, joint exercises conducted in virtual
and field environments, and, as a particularly critical
aspect, assessments of ``red team'' vulnerability.
(2) Developing scenarios and measures of
effectiveness to meet the operational challenges
expected to be encountered in the early 21st century
and assessing the effectiveness of current and new
organizational structures, operational concepts, and
technologies in addressing those challenges.
(3) Integrating and testing in joint
experimentation the systems and concepts that result
from warfighting experimentation conducted by the Armed
Forces and the Defense Agencies.
(4) Coordinating with each of the Armed Forces and
Defense Agencies regarding the development and
acquisition of equipment (including surrogate or real
technologies, platforms, and systems), supplies, and
services necessary for joint experimentation.
(5) Providing the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff with
recommendations, based on the conduct of joint
warfighting experimentation, for--
(A) improving interoperability;
(B) reducing unnecessary redundancy;
(C) synchronizing technology fielding;
(D) developing joint operational concepts;
(E) prioritizing the most promising joint
capabilities for future experimentation; and
(F) prioritizing joint requirements and
acquisition programs.
(6) Making recommendations to the Chairman of the
Joint Chiefs of Staff on mission needs statements and
operational requirements documents.
(c) Congressional Review.--It is, further, the sense of
Congress that Congress--
(1) should review the adequacy of the process of
transformation to meet future challenges to the
national security; and
(2) if progress is determined inadequate, should
consider legislation to--
(A) establish an appropriate organization
to conduct the mission described in subsection
(a); and
(B) provide to the commander given the
responsibility for that mission appropriate and
sufficient resources for joint warfighting
experimentation and the appropriate authority
to execute that commander's assigned
responsibilities for that mission, including
the authorities specified in subsection (b).
SEC. 923. REPORTS ON JOINT WARFIGHTING EXPERIMENTATION.
(a) Initial Report.--(1) The commander of the combatant
command assigned by the Secretary of Defense to have the
mission for joint warfighting experimentation shall submit to
the Secretary an initial report on the implementation of joint
experimentation. Not later than April 1, 1999, the Secretary
shall submit that report, together with any comments that the
Secretary considers appropriate and any comments that the
Chairman of the Joint Chiefs of Staff considers appropriate, to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives.
(2) The report of the commander under paragraph (1) shall
include the commander's assessment of the following:
(A) The authority and responsibilities of the
commander as described in section 922(b).
(B) The organization of the commander's combatant
command, and of its staff, for carrying out the joint
warfighting experimentation mission.
(C) The process established for tasking forces to
participate in experimentation and the commander's
specificauthority over those forces, including forces
designated as joint experimentation forces.
(D) The resources provided for initial
implementation of joint warfighting experimentation,
the process for providing those resources to the
commander, the categories of the funding, and the
authority of the commander for budget execution.
(E) The process established for the development and
acquisition of the materiel, supplies, services, and
equipment necessary for the conduct of joint
warfighting experimentation.
(F) The process established for designing,
preparing, and conducting joint experiments.
(G) The role assigned the commander for--
(i) integrating and testing in joint
warfighting experimentation the systems that
emerge from warfighting experimentation by the
Armed Forces or the Defense Agencies;
(ii) assessing the effectiveness of
organizational structures, operational
concepts, and technologies; and
(iii) assisting the Secretary of Defense
and Chairman of the Joint Chiefs of Staff to
prioritize requirements or acquisition
programs.
(b) Annual Report.--(1) Chapter 23 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 485. Joint warfighting experimentation
``(a) Annual Report.--The commander of the combatant
command assigned by the Secretary of Defense to have the
mission for joint warfighting experimentation shall submit to
the Secretary an annual report on the conduct of joint
experimentation activities for the fiscal year ending in the
year of the report. Not later than December 1 of each year, the
Secretary shall submit that report, together with any comments
that the Secretary considers appropriate and any comments that
the Chairman of the Joint Chiefs of Staff considers
appropriate, to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives.
``(b) Matters To Be Included.--Each report under this
section shall include, for the fiscal year covered by the
report, the following:
``(1) Any changes in the assessments of the matters
described in section 923(a)(2) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
since the preparation of the assessments of those
matters set forth in the latest report submitted under
this section.
``(2) A description of the conduct of joint
experimentation activities, including the number of
activities, the forces involved, the national security
challenges addressed, the operational concepts
assessed, and the scenarios and measures of
effectiveness used.
``(3) An assessment of the results of joint
warfighting experimentation within the Department of
Defense.
``(4) With respect to joint warfighting
experimentation, any recommendations that the commander
considers appropriate regarding--
``(A) the development or acquisition of
advanced technologies;
``(B) changes in organizational structure,
operational concepts, or joint doctrine;
``(C) the conduct of experiments;
``(D) the adequacy of resources; or
``(E) changes in authority of the commander
to develop or acquire materiel, supplies,
services, or equipment directly for the conduct
of joint warfighting experimentation.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``485. Joint warfighting experimentation.''.
(c) First Annual Report.--The first report under section
485 of title 10, United States Code, as added by subsection
(b), shall be made with respect to fiscal year 1999. Inthe case
of the report under that section for fiscal year 1999, the reference in
subsection (b)(1) of that section to the most recent report under that
section shall be treated as referring to the report under subsection
(a) of this section.
Subtitle D--Other Matters
SEC. 931. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND SUPPORT
WORKFORCE.
(a) Reduction of Defense Acquisition and Support
Workforce.--The Secretary of Defense shall accomplish
reductions in defense acquisition and support personnel
positions during fiscal year 1999 so that the total number of
such personnel as of October 1, 1999, is less than the total
number of such personnel as of October 1, 1998, by at least the
applicable number determined under subsection (b).
(b) Required Reduction.--(1) The applicable number for
purposes of subsection (a) is 25,000. However, the Secretary of
Defense may specify a lower number, which may not be less than
12,500, as the applicable number for purposes of subsection (a)
if the Secretary determines, and certifies to Congress not
later than May 1, 1999, that an applicable number greater than
the number specified by the Secretary would be inconsistent
with the cost-effective management of the defense acquisition
system to obtain best value equipment and with ensuring
military readiness.
(2) The Secretary shall include with such a certification a
report setting forth a detailed explanation of each of the
matters certified. The report shall include--
(A) a detailed explanation of all matters
incorporated in the Secretary's determination;
(B) a definition of the components of the defense
acquisition and support positions; and
(C) the allocation of the reductions under this
section among the occupational elements of those
positions.
(3) The authority of the Secretary under paragraph (1) may
only be delegated to the Deputy Secretary of Defense.
(c) Limitation on Reduction of Core Acquisition
Workforce.--The Secretary shall implement this section so that
the core defense acquisition workforce identified by the
Secretary in the report submitted pursuant to section 912(b) of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1860) is reduced proportionally
no more than the other occupational elements included as
defense acquisition and support positions in that report.
(d) Defense Acquisition and Support Personnel Defined.--For
purposes of this section, the term ``defense acquisition and
support 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), and any other organizations which the
Secretary may determine to have a predominantly acquisition
mission.
SEC. 932. 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. 933. CLARIFICATION AND SIMPLIFICATION OF RESPONSIBILITIES OF
INSPECTORS GENERAL REGARDING WHISTLEBLOWER
PROTECTIONS.
(a) Roles of Inspectors General of the Armed Forces.--(1)
Subsection (c) of section 1034 of title 10, United States Code,
is amended--
(A) by striking out paragraph (1) and inserting in
lieu thereof the following:
``(1) If a member of the armed forces submits to an
Inspector General an allegation that a personnel action
prohibited by subsection (b) has been taken (or threatened)
against the member with respect to a communication described in
paragraph (2), the Inspector General shall take the action
required under paragraph (3).''; and
(B) by striking out paragraph (3) and inserting in
lieu thereof the following:
``(3)(A) An Inspector General receiving an allegation as
described in paragraph (1) shall expeditiously determine
whether there is sufficient evidence to warrant an
investigation of the allegation.
``(B) If the Inspector General receiving such an allegation
is an Inspector General within a military department, that
Inspector General shall promptly notify the Inspector General
of the Department of Defense of the allegation. Such
notification shall be made in accordance with regulations
prescribed under subsection (h).
``(C) If an allegation under paragraph (1) is submitted to
an Inspector General within a military department and if the
determination of that Inspector General under subparagraph (A)
is that there is not sufficient evidence to warrant an
investigation of the allegation, that Inspector General shall
forward the matter to the Inspector General of the Department
of Defense for review.
``(D) Upon determining that an investigation of an
allegation under paragraph (1) is warranted, the Inspector
General making the determination shall expeditiously
investigate the allegation. In the case of a determination made
by the Inspector General of the Department of Defense, that
Inspector General may delegate responsibility for the
investigation to an appropriate Inspector General within a
military department.
``(E) In the case of an investigation under subparagraph
(D) within the Department of Defense, the results of the
investigation shall be determined by, or approved by, the
Inspector General of the Department of Defense (regardless of
whether the investigation itself is conducted by the Inspector
General of the Department of Defense or by an Inspector General
within a military department).
``(4) Neither an initial determination under paragraph
(3)(A) nor an investigation under paragraph (3)(D) is required
in the case of an allegation made more than 60 days after the
date on which the member becomes aware of the personnel action
that is the subject of the allegation.
``(5) The Inspector General of the Department of Defense,
or the Inspector General of the Department of Transportation
(in the case of a member of the Coast Guard when the Coast
Guard is not operating as a service in the Navy), shall ensure
that the Inspector General conducting the investigation of an
allegation under this subsection is outside the immediate chain
of command of both the member submitting the allegation and the
individual or individuals alleged to have taken the retaliatory
action.''.
(2) Subsection (d) of such section is amended--
(A) by inserting ``receiving the allegation'' after
``the Inspector General'' the first place it appears;
and
(B) by adding at the end the following: ``In the
case of an allegation received by the Inspector General
of the Department of Defense, the Inspector General may
delegate that responsibility to the Inspector General
of the armed force concerned.''.
(b) Mismanagement Covered by Protected Communications.--
Subsection (c)(2)(B) of such section is amended by striking out
``Mismanagement'' and inserting in lieu thereof ``Gross
mismanagement''.
(c) Simplified Reporting and Notice Requirements.--(1)
Paragraph (1) of subsection (e) of such section is amended--
(A) by striking out ``Not later than 30 days after
completion of an investigation under subsection (c) or
(d),'' and inserting in lieu thereof ``After completion
of an investigation under subsection (c) or (d) or, in
the case of an investigationunder subsection (c) by an
Inspector General within a military department, after approval of the
report of that investigation under subsection (c)(3)(E),''
(B) by striking out ``the Inspector General shall
submit a report on'' and inserting in lieu thereof
``the Inspector General conducting the investigation
shall submit a report on'';
(C) by inserting ``shall transmit a copy of the
report on the results of the investigation to'' before
``the member of the armed forces''; and
(D) by adding at the end the following new
sentence: ``The report shall be transmitted to the
Secretary, and the copy of the report shall be
transmitted to the member, not later than 30 days after
the completion of the investigation or, in the case of
an investigation under subsection (c) by an Inspector
General within a military department, after approval of
the report of that investigation under subsection
(c)(3)(E).''.
(2) Paragraph (2) of such subsection is amended--
(A) by striking out ``submitted'' after ``In the
copy of the report'' and inserting in lieu thereof
``transmitted''; and
(B) by adding at the end the following new
sentence: ``However, the copy need not include
summaries of interviews conducted, nor any document
acquired, during the course of the investigation. Such
items shall be transmitted to the member, if the member
requests the items, with the copy of the report or
after the transmittal to the member of the copy of the
report, regardless of whether the request for those
items is made before or after the copy of the report is
transmitted to the member.''.
(3) Paragraph (3) of such subsection is amended by striking
out ``90 days'' and inserting in lieu thereof ``180 days''.
(d) Repeal of Post-Investigation Interview Requirement.--
Subsection (h) of such section is repealed.
(e) Definition of Inspector General Defined.--Subsection
(j)(2) of such section is amended--
(1) by redesignating subparagraph (B) as
subparagraph (G) and, in that subparagraph, by striking
out ``an officer'' and inserting in lieu thereof ``An
officer'';
(2) by striking out subparagraph (A) and inserting
in lieu thereof the following:
``(A) The Inspector General of the
Department of Defense.
``(B) The Inspector General of the
Department of Transportation, in the case of a
member of the Coast Guard when the Coast Guard
is not operating as a service in the Navy.
``(C) The Inspector General of the Army, in
the case of a member of the Army.
``(D) The Naval Inspector General, in the
case of a member of the Navy.
``(E) The Inspector General of the Air
Force, in the case of a member of the Air
Force.
``(F) The Deputy Naval Inspector General
for Marine Corps Matters, in the case of a
member of the Marine Corps.''; and
(3) in the matter preceding subparagraph (A), by
striking out ``means--'' and inserting in lieu thereof
``means the following:''.
(f) Technical and Conforming Amendments.--(1) Subsections
(i) and (j) of such section are redesignated as subsections (h)
and (i), respectively.
(2) Subsection (b)(1)(B)(ii) of such section is amended by
striking out ``subsection (j))'' and inserting in lieu thereof
``subsection (i)) or any other Inspector General appointed
under the Inspector General Act of 1978''.
SEC. 934. 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
AuthorizationAct for Fiscal Years 1992 and 1993 (Public Law 102-190;
105 Stat. 1460), is repealed.
SEC. 935. CONSULTATION WITH MARINE CORPS ON MAJOR DECISIONS DIRECTLY
CONCERNING 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 ON MAJOR
DECISIONS DIRECTLY CONCERNING MARINE CORPS AVIATION
``The Secretary of the Navy shall ensure that the views
of the Commandant of the Marine Corps are given appropriate
consideration before a major decision is made by an element of
the Department of the Navy outside the Marine Corps on a matter
that directly 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 on major
decisions directly concerning Marine Corps aviation.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of prior emergency supplemental appropriations
for fiscal year 1998.
Sec. 1004. Authorization of appropriations for Bosnia peacekeeping
operations for fiscal year 1999.
Sec. 1005. Partnership for Peace Information Management System.
Sec. 1006. United States contribution to NATO common-funded budgets in
fiscal year 1999.
Sec. 1007. Liquidity of working-capital funds.
Sec. 1008. Termination of authority to manage working-capital funds and
certain activities through the Defense Business Operations
Fund.
Sec. 1009. Clarification of authority to retain recovered costs of
disposals in working-capital funds.
Sec. 1010. Crediting of amounts recovered from third parties for loss or
damage to personal property shipped or stored at Government
expense.
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 U.S.S. NEW JERSEY.
Sec. 1013. Homeporting of the U.S.S. IOWA in San Francisco, California.
Sec. 1014. Sense of Congress concerning the naming of an LPD-17 vessel.
Sec. 1015. Reports on naval surface fire-support capabilities.
Sec. 1016. Long-term charter of three vessels in support of submarine
rescue, escort, and towing.
Sec. 1017. Transfer of obsolete Army tugboat.
Subtitle C--Counter Drug Activities and Other Assistance for Civilian
Law Enforcement
Sec. 1021. Department of Defense support to other agencies for counter-
drug activities.
Sec. 1022. Department of Defense support of National Guard drug
interdiction and counter-drug activities.
Sec. 1023. Department of Defense counter-drug activities in transit
zone.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Repeal of unnecessary and obsolete reporting provisions.
Sec. 1032. Report regarding use of tagging system to identify
hydrocarbon fuels used by Department of Defense.
Subtitle E--Armed Forces Retirement Home
Sec. 1041. Appointment of Director and Deputy Director of the Naval
Home.
Sec. 1042. Revision of inspection requirements relating to Armed Forces
Retirement Home.
Sec. 1043. Clarification of land conveyance authority, Armed Forces
Retirement Home.
Subtitle F--Matters Relating to Defense Property
Sec. 1051. Plan for improved demilitarization of excess and surplus
defense property.
Sec. 1052. Transfer of F-4 Phantom II aircraft to foundation.
Subtitle G--Other Department of Defense Matters
Sec. 1061. Pilot program on alternative notice of receipt of legal
process for garnishment of Federal pay for child support and
alimony.
Sec. 1062. Training of special operations forces with friendly foreign
forces.
Sec. 1063. Research grants competitively awarded to service academies.
Sec. 1064. Department of Defense use of frequency spectrum.
Sec. 1065. Department of Defense aviation accident investigations.
Sec. 1066. Investigation of actions relating to 174th Fighter Wing of
New York Air National Guard.
Sec. 1067. Program to commemorate 50th anniversary of the Korean War.
Sec. 1068. Designation of America's National Maritime Museum.
Sec. 1069. Technical and clerical amendments.
Subtitle H--Other Matters
Sec. 1071. Act constituting presidential approval of vessel war risk
insurance requested by the Secretary of Defense.
Sec. 1072. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1073. Requirement that burial flags furnished by the Secretary of
Veterans Affairs be wholly produced in the United States.
Sec. 1074. Sense of Congress concerning tax treatment of principal
residence of members of Armed Forces while away from home on
active duty.
Sec. 1075. Clarification of State authority to tax compensation paid to
certain employees.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may transfer
amounts of authorizations made available to the Department of
Defense in this division for fiscal year 1999 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the committee of conference to accompany the
conference report on the bill 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. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1998.
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 1998 in the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85) are
hereby adjusted, with respect to any such authorized amount, by
the amount by which appropriations pursuant to such
authorization were increased (by a supplemental appropriation)
or decreased (by a rescission), or both, in the 1998
Supplemental Appropriations and Rescissions Act (Public Law
105-174).
SEC. 1004. AUTHORIZATION OF APPROPRIATIONS FOR BOSNIA PEACEKEEPING
OPERATIONS FOR FISCAL YEAR 1999.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 1999 for incremental costs of the Armed Forces for
Bosnia peacekeeping operations in the total amount of
$1,858,600,000, as follows:
(1) For military personnel, in addition to the
amounts authorized to be appropriated in title IV of
this Act:
(A) For the Army, $297,700,000.
(B) For the Navy, $9,700,000.
(C) For the Marine Corps, $2,700,000.
(D) For the Air Force, $33,900,000.
(E) For the Naval Reserve, $2,200,000.
(2) For operation and maintenance for the Overseas
Contingency Operations Transfer Fund, in addition to
the total amount authorized to be appropriated for that
fund in section 301(24) of this Act, $1,512,400,000.
(b) Designation as Emergency.--Funds authorized to be
appropriated in accordance with subsection (a) are designated
as emergency requirements pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901(b)(2)(A)).
(c) Limitation.--(1) Funds available for the Department of
Defense for fiscal year 1999 for military personnel for the
Army, Navy, Marine Corps, Air Force, or Naval Reserve or for
operation and maintenance for the Overseas Contingency
Operations Transfer Fund may not be obligated or expended for
Bosnia peacekeeping operations in excess of the amount
authorized to be appropriated for that purpose under subsection
(a).
(2) The President may waive the limitation in paragraph (1)
after submitting to Congress the following:
(A) The President's written certification that the
waiver is necessary in the national security interests
of the United States.
(B) The President's written certification that
exercising the waiver will not adversely affect the
readiness of United States military forces.
(C) A report setting forth the following:
(i) The reasons that the waiver is
necessary in the national security interests of
the United States.
(ii) The specific reasons that additional
funding is required for the continued presence
of United States military forces participating
in, or supporting, Bosnia peacekeeping
operations for fiscal year 1999.
(iii) A discussion of the impact on the
military readiness of United States Armed
Forces of the continuing deployment of United
States military forces participating in, or
supporting, Bosnia peacekeeping operations.
(D) A supplemental appropriations request for the
Department of Defense for such amounts as are necessary
for the additional fiscal year 1999 costs associated
with United States military forces participating in, or
supporting, Bosnia peacekeeping operations.
(d) Transfer Authority.--The Secretary of Defense may
transfer amounts of authorizations made available to the
Department of Defense in subsection (a)(2) for fiscal year 1999
to any of the authorizations for that fiscal year in section
301. Amounts of authorizations so transferred shall be merged
with and be available for the same purposes as the
authorization to which transferred. The transfer authority
under thissubsection is in addition to any other transfer
authority provided in this Act.
(e) Bosnia Peacekeeping Operations Defined.--For the
purposes of this section, the term ``Bosnia peacekeeping
operations''--
(1) means the operation designated as Operation
Joint Forge and any other operation involving the
participation of any of the Armed Forces in
peacekeeping or peace enforcement activities in and
around the Republic of Bosnia and Herzegovina; and
(2) includes, with respect to Operation Joint Forge
or any such other operation, each activity that is
directly related to the support of the operation.
SEC. 1005. PARTNERSHIP FOR PEACE INFORMATION SYSTEM MANAGEMENT.
Funds authorized to be appropriated under titles II and III
of this Act shall be available for the Partnership for Peace
Information Management System as follows:
(1) Of the amount authorized to be appropriated
under section 201(4) for Defense-wide activities,
$2,000,000.
(2) Of the amount authorized to be appropriated
under section 301(5) for Defense-wide activities,
$3,000,000.
SEC. 1006. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 1999.
(a) Fiscal Year 1999 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 1999 for
the common-funded budgets of NATO may be any amount up to, but
not in excess of, the amount specified in subsection (b)
(rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the
end of fiscal year 1998, of funds appropriated for
fiscal years before fiscal year 1999 for payments for
those budgets.
(2) The amount authorized to be appropriated under
section 301(1) that is available for contributions for
the NATO common-funded military budget under section
314.
(3) The amount authorized to be appropriated under
section 201 that is available for contribution for the
NATO common-funded civil budget under section 243.
(4) The total amount of the contributions
authorized to be made under section 2501.
(c) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term
``common-funded budgets of NATO'' means the Military
Budget, the Security Investment Program, and the Civil
Budget of the North Atlantic Treaty Organization (and
any successor or additional account or program of
NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the
maximum annual amount of Department of Defense
contributions for common-funded budgets of NATO that is
set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the
advice and consent of the Senate to the ratification of
the Protocols to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that
resolution), approved by the Senate on April 30, 1998.
SEC. 1007. LIQUIDITY OF WORKING-CAPITAL FUNDS.
(a) Increased Cash Balances.--The Secretary of Defense
shall administer the working-capital funds of the Department of
Defense during fiscal year 1999 so as to ensure that the total
amount of the cash balances in such funds on September 30,
1999, exceeds the total amount of the cash balances in such
funds on September 30, 1998, by $1,300,000,000.
(b) Actions Regarding Unbudgeted Losses.--The Under
Secretary of Defense (Comptroller) shall take such actions
regarding unbudgeted losses for the working-capital funds as
may be necessary in order to ensure that such unbudgeted losses
do not preclude the Secretary of Defense from achieving the
increase in cash balances in working-capital funds required
under subsection (a).
(c) Waiver.--(1) The Secretary of Defense may waive the
requirements of this section upon certifying to Congress, in
writing, that the waiver is necessary to meet requirements
associated with--
(A) a contingency operation (as defined in section
101(a)(13) of title 10, United States Code); or
(B) an operation of the Armed Forces that commenced
before October 1, 1998, and continues during fiscal
year 1999.
(2) The waiver authority under paragraph (1) may not be
delegated to any official other than the Deputy Secretary of
Defense.
(3) The waiver authority under paragraph (1) does not apply
to the limitation in subsection (d) or the limitation in
section 2208(l)(3) of title 10, United States Code (as added by
subsection (e)).
(d) Fiscal Year 1999 Limitation on Advance Billings.--(1)
The total amount of the advance billings rendered or imposed
for the working-capital funds of the Department of Defense and
the Defense Business Operations Fund in fiscal year 1999--
(A) for the Department of the Navy, may not exceed
$400,000,000; and
(B) for the Department of the Air Force, may not
exceed $400,000,000.
(2) In paragraph (1), the term ``advance billing'' has the
meaning given such term in section 2208(l) of title 10, United
States Code.
(e) Permanent Limitation on Advance Billings.--(1) Section
2208(l) of title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The total amount of the advance billings rendered or
imposed for all working-capital funds of the Department of
Defense in a fiscal year may not exceed $1,000,000,000.''.
(2) Section 2208(l)(3) of such title, as added by paragraph
(1), applies to fiscal years after fiscal year 1999.
(f) Semiannual Report.--(1) The Under Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives--
(A) not later than May 1, 1999, a report on the
administration of this section for the six-month period
ending on March 31, 1999; and
(B) not later than November 1, 1999, a report on
the administration of this section for the six-month
period ending on September 30, 1999.
(2) Each report shall include, for the period covered by
the report, the following:
(A) The profit and loss status of each working-
capital fund activity.
(B) The actions taken by the Secretary of each
military department to use assessments of surcharges to
correct for unbudgeted losses.
SEC. 1008. TERMINATION OF AUTHORITY TO MANAGE WORKING-CAPITAL FUNDS AND
CERTAIN ACTIVITIES THROUGH THE DEFENSE BUSINESS
OPERATIONS FUND.
(a) Revision of Certain DBOF Provisions and Reenactment To
Apply to Working-Capital Funds Generally.--Section 2208 of
title 10, United States Code, is amended by adding at the end
the following:
``(m) Capital Asset Subaccounts.--Amounts charged for
depreciation of capital assets shall be credited to a separate
capital asset subaccount established within a working-capital
fund.
``(n) Separate Accounting, Reporting, and Auditing of Funds
and Activities.--The Secretary of Defense, with respect to the
working-capital funds of each Defense Agency, and the Secretary
of each military department, with respect to the working-
capital funds of the military department, shall provide for
separate accounting, reporting, and auditing of funds and
activities managed through the working-capital funds.
``(o) Charges for Goods and Services Provided Through the
Fund.--(1) Charges for goods and services provided for an
activity through a working-capital fund shall include the
following:
``(A) Amounts necessary to recover the full costs
of the goods and services provided for that activity.
``(B) Amounts for depreciation of capital assets,
set in accordance with generally accepted accounting
principles.
``(2) Charges for goods and services provided through a
working-capital fund may not include the following:
``(A) Amounts necessary to recover the costs of a
military construction project (as defined in section
2801(b) of this title), other than a minor construction
project financed by the fund pursuant to section
2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a
military installation.
``(C) Amounts necessary to recover the costs of
functions designated by the Secretary of Defense as
mission critical, such as ammunition handling safety,
and amounts for ancillary tasks not directly related to
the mission of the function or activity managed through
the fund.
``(p) Procedures For Accumulation of Funds.--The Secretary
of Defense, with respect to each working-capital fund of a
Defense Agency, and the Secretary of a military department,
with respect to each working-capital fund of the military
department, shall establish billing procedures to ensure that
the balance in that working-capital fund does not exceed the
amount necessary to provide for the working-capital
requirements of that fund, as determined by the Secretary.
``(q) Annual Reports and Budget.--The Secretary of Defense,
with respect to each working-capital fund of a Defense Agency,
and the Secretary of each military department, with respect to
each working-capital fund of the military department, shall
annually submit to Congress, at the same time that the
President submits the budget under section 1105 of title 31,
the following:
``(1) A detailed report that contains a statement
of all receipts and disbursements of the fund
(including such a statement for each subaccount of the
fund) for the fiscal year ending in the year preceding
the year in which the budget is submitted.
``(2) A detailed proposed budget for the operation
of the fund for the fiscal year for which the budget is
submitted.
``(3) A comparison of the amounts actually expended
for the operation of the fund for the fiscal year
referred to in paragraph (1) with the amount proposed
for the operation of the fund for that fiscal year in
the President's budget.
``(4) A report on the capital asset subaccount of
the fund that contains the following information:
``(A) The opening balance of the subaccount
as of the beginning of the fiscal year in which
the report is submitted.
``(B) The estimated amounts to be credited
to the subaccount in the fiscal year in which
the report is submitted.
``(C) The estimated amounts of outlays to
be paid out of the subaccount in the fiscal
year in which the report is submitted.
``(D) The estimated balance of the
subaccount at the end of the fiscal year in
which the report is submitted.
``(E) A statement of how much of the
estimated balance at the end of the fiscal year
in which the report is submitted will be needed
to pay outlays in the immediately following
fiscal year that are in excess of the amount to
be credited to the subaccount in the
immediately following fiscal year.''.
(b) Repeal of Authority To Manage Through the Defense
Business Operations Fund.--Section 2216a of title 10, United
States Code, and the item relating to that section in the table
of sections at the beginning of chapter 131 of such title, are
repealed.
SEC. 1009. CLARIFICATION OF AUTHORITY TO RETAIN RECOVERED COSTS OF
DISPOSALS IN WORKING-CAPITAL FUNDS.
Section 2210(a) of title 10, United States Code, is amended
to read as follows:
``(a)(1) A working-capital fund established pursuant to
section 2208 of this title may retain so much of the proceeds
of disposals of property referred to in paragraph (2) as is
necessary to recover the expenses incurred by the fund in
disposing of such property. Proceeds from the sale or disposal
of such property in excess of amounts necessary to recover the
expenses may be credited to current applicable appropriations
of the Department of Defense.
``(2) Paragraph (1) applies to disposals of supplies,
material, equipment, and other personal property that were not
financed by stock funds established under section 2208 of this
title.''.
SEC. 1010. CREDITING OF AMOUNTS RECOVERED FROM THIRD PARTIES FOR LOSS
OR DAMAGE TO PERSONAL PROPERTY SHIPPED OR STORED AT
GOVERNMENT EXPENSE.
(a) In General.--(1) Chapter 163 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2739. Amounts recovered from third parties for loss or damage to
personal property shipped or stored at Government
expense: crediting to appropriations
``(a) Crediting of Collections.--Any qualifying military
department third-party collection shall be credited to the
appropriate current appropriation. Amounts so credited shall be
merged with the funds in that appropriation and shall be
available for the same period and purposes as the funds with
which merged.
``(b) Appropriate Current Appropriation.--For purposes of
subsection (a), the appropriate current appropriation with
respect to a qualifying military department third-party
collection is the appropriation currently available, as of the
date of the collection, for the payment of claims by that
military department for loss or damage of personal property
shipped or stored at Government expense.
``(c) Qualifying Military Department Third-party
Collections.--For purposes of subsection (a), a qualifying
military department third-party collection is any amount that a
military department collects under sections 3711, 3716, 3717,
and 3721 of title 31 from a third party for a loss or damage to
personal property that occurred during shipment or storage of
the property at Government expense and for which the Secretary
of the military department paid the owner in settlement of a
claim.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2739. Amounts recovered from third parties for loss or damage to
personal property shipped or stored at Government expense:
crediting to appropriations.''.
(b) Effective Date.--Section 2739 of title 10, United
States Code, as added by subsection (a), applies with respect
to amounts collected by a military department on or after the
date of the enactment of this Act.
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 U.S.S. IOWA (BB-61) and the
U.S.S. WISCONSIN (BB-64).
SEC. 1012. TRANSFER OF U.S.S. NEW JERSEY.
The Secretary of the Navy shall strike the U.S.S. 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. HOMEPORTING OF THE U.S.S. IOWA IN SAN FRANCISCO, CALIFORNIA.
It is the sense of Congress that the U.S.S. IOWA (BB-61)
should be homeported at the Port of San Francisco, California.
SEC. 1014. SENSE OF CONGRESS CONCERNING THE NAMING OF AN LPD-17 VESSEL
.
It is the sense of Congress that, consistent with section
1018 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 425), the Secretary of the
Navy should name the next vessel of the LPD-17 class of
amphibious vessels to be named after the date of the enactment
of this Act as the U.S.S. Clifton B. Cates, in honor of former
Commandant of the Marine Corps Clifton B. Cates (1893-1970), a
native of Tennessee whose distinguished career of service in
the Marine Corps included combat service in World War I so
heroic that he became the most decorated Marine Corps officer
of that war, exemplary combat leadership in the Pacific theater
during World War II from Guadalcanal to Tinian and Iwo Jima and
beyond, and appointment in 1948 as the 19th Commandant of the
Marine Corps with the rank of lieutenant general, a position
from which he led the efficient and alacritous response of the
Marine Corps to the invasion of the Republic of South Korea by
Communist North Korea.
SEC. 1015. REPORTS ON NAVAL SURFACE FIRE-SUPPORT CAPABILITIES.
(a) Navy Report.--(1) Not later than March 31, 1999, the
Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on battleship
readiness for meeting requirements of the Armed Forces for
naval surface fire support.
(2) The report shall contain the following:
(A) The reasons for the Secretary's failure to
comply with the requirements of section 1011 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 421) until February
1998.
(B) The requirements for specialized air-naval
gunfire liaison units.
(C) The plans of the Navy for retaining and
maintaining 16-inch ammunition for the main guns of
battleships.
(D) The plans of the Navy for retaining the
hammerhead crane essential for lifting battleship
turrets.
(E) An estimate of the cost of reactivating Iowa-
class battleships for listing on the Naval Vessel
Register, restoring the vessels to seaworthiness with
operational capabilities necessary to meet requirements
for naval surface fire-support, and maintaining the
battleships in that condition for continued listing on
the register, together with an estimate of the time
necessary to reactivate and restore the vessels to that
condition.
(F) An assessment of the short-term costs and the
long-term costs associated with alternative methods for
executing the naval surface fire-support mission of the
Navy, including the alternative of reactivating two
battleships.
(3) The Secretary shall act through the Director of
Expeditionary Warfare Division (N85) of the Office of the Chief
of Naval Operations in preparing the report.
(b) GAO Report.--(1) The Comptroller General shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on the naval surface fire-support capabilities of the
Navy.
(2) The report shall contain the following:
(A) An assessment of the extent of the compliance
by the Secretary of the Navy with the requirements of
section 1011 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
421).
(B) The plans of the Navy for executing the naval
surface fire-support mission of the Navy.
(C) An assessment of the short-term costs and the
long-term costs associated with the plans.
(D) An analysis of the assessment required under
subsection (a)(2)(F).
SEC. 1016. 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. 1017. 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.
Subtitle C--Counter Drug Activities and Other Assistance for Civilian
Law Enforcement
SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT TO OTHER AGENCIES 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 2002''.
(b) Bases and Facilities Support.--Subsection (b)(4) of
such section is amended--
(1) by striking out ``unspecified minor
construction'' and inserting in lieu thereof ``an
unspecified minor military construction project'';
(2) by inserting ``of the Department of Defense or
any Federal, State, or local law enforcement agency''
after ``counter-drug activities''; and
(3) by inserting before the period at the end the
following: ``or counter-drug activities of a foreign
law enforcement agency outside the United States''.
(c) Congressional Notification of Facilities Projects.--
Such section is further amended by adding at the end the
following new section:
``(h) Congressional Notification of Facilities Projects.--
(1) When a decision is made to carry out a military
construction project described in paragraph (2), the Secretary
of Defense shall submit to the congressional defense committees
written notice of the decision, including the justification for
the project and the estimated cost of the project. The project
may be commenced only after the end of the 21-day period
beginning on the date on which the written notice is received
by Congress.
``(2) Paragraph (1) applies to an unspecified minor
military construction project that--
``(A) is intended for the modification or repair of
a Department of Defense facility for the purpose set
forth in subsection (b)(4); and
``(B) has an estimated cost of more than
$500,000.''.
SEC. 1022. DEPARTMENT OF DEFENSE SUPPORT OF NATIONAL GUARD DRUG
INTERDICTION AND COUNTER-DRUG ACTIVITIES.
(a) Procurement of Equipment.--Subsection (a)(3) of section
112 of title 32, United States Code, is amended--
(1) by striking out ``and leasing of equipment''
and inserting in lieu thereof ``and equipment, and the
leasing of equipment,''; and
(2) by adding at the end the following new
sentence: ``However, the use of such funds for the
procurement of equipment may not exceed $5,000 per
purchase order, unless approval for procurement of
equipment in excess of that amount is granted in
advance by the Secretary of Defense.''.
(b) Training and Readiness.--Subsection (b)(2) of such
section is amended to read as follows:
``(2)(A) A member of the National Guard serving on full-
time National Guard duty under orders authorized under
paragraph (1) shall participate in the training required under
section 502(a) of this title in addition to the duty performed
for the purpose authorized under that paragraph. The pay,
allowances, and other benefits of the member while
participating in the training shall be the same as those to
which the member is entitled while performing duty for the
purpose of carrying out drug interdiction and counter-drug
activities. The member is not entitled to additional pay,
allowances, or other benefits for participation in training
required under section 502(a)(1) of this title.
``(B) Appropriations available for the Department of
Defense for drug interdiction and counter-drug activities may
be used for paying costs associated with a member's
participation in training described in subparagraph (A). The
appropriation shall be reimbursed in full, out of
appropriations available for paying those costs, for the
amounts paid. Appropriations available for paying those costs
shall be available for making the reimbursements.
``(C) To ensure that the use of units and personnel of the
National Guard of a State pursuant to a State drug interdiction
and counter-drug activities plan does not degrade the training
and readiness of such units and personnel, the following
requirements shall apply in determining the drug interdiction
and counter-drug activities that units and personnel of the
National Guard of a State may perform:
``(i) The performance of the activities may not
adversely affect the quality of that training or
otherwise interfere with the ability of a member or
unit of the National Guard to perform the military
functions of the member or unit.
``(ii) National Guard personnel will not degrade
their military skills as a result of performing the
activities.
``(iii) The performance of the activities will not
result in a significant increase in the cost of
training.
``(iv) In the case of drug interdiction and
counter-drug activities performed by a unit organized
to serve as a unit, the activities will support valid
unit training requirements.''.
(c) Assistance to Youth and Charitable Organizations.--
Subsection (b)(3) of such section is amended to read as
follows:
``(3) A unit or member of the National Guard of a State may
be used, pursuant to a State drug interdiction and counter-drug
activities plan approved by the Secretary of Defense under this
section, to provide services or other assistance (other than
air transportation) to an organization eligible to receive
services under section 508 of this title if--
``(A) the State drug interdiction and counter-drug
activities plan specifically recognizes the
organization as being eligible to receive the services
or assistance;
``(B) in the case of services, the performance of
the services meets the requirements of paragraphs (1)
and (2) of subsection (a) of section 508 of this title;
and
``(C) the services or assistance is authorized
under subsection (b) or (c) of such section or in the
State drug interdiction and counter-drug activities
plan''.
(d) Definition of Drug Interdiction and Counter-drug
Activities.--Subsection (i)(1) of such section is amended by
inserting after ``drug interdiction and counter-drug law
enforcement activities'' the following: ``, including drug
demand reduction activities,''.
(e) Conforming Amendments.--Subsection (a) of such section
is further amended--
(1) by striking out ``for--'' and inserting in lieu
thereof ``for the following:'';
(2) by striking out ``the'' at the beginning of
paragraphs (1), (2), and (3) and inserting in lieu
thereof ``The'';
(3) in paragraph (1), by striking out the semicolon
at the end and inserting in lieu thereof a period; and
(4) in paragraph (2), by striking out ``; and'' and
inserting in lieu thereof a period.
SEC. 1023. DEPARTMENT OF DEFENSE COUNTER-DRUG ACTIVITIES IN TRANSIT
ZONE.
(a) Sense of Congress Regarding Priority of Drug
Interdiction and Counter-Drug Activities.--It is the sense of
Congress that the Secretary of Defense should--
(1) ensure that the international drug interdiction
and counter-drug activities of the Department of
Defense are accorded adequate resources within the
budget allocation of the Department to execute the drug
interdiction and counter-drug mission under the Global
Military Force Policy of the Department; and
(2) make such changes to that policy as the
Secretary considers necessary.
(b) Support for Counter-Drug Operation Caper Focus.--(1)
During fiscal year 1999, the Secretary of Defense shall make
available, to the maximum extent practicable, such surface
vessels, maritime patrol aircraft, and personnel 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.
(2) Of the amount authorized to be appropriated pursuant to
section 301(20) for drug interdiction and counter-drug
activities, $10,500,000 shall be available for the purpose of
conducting the counter-drug operation known as Caper Focus.
(c) Patrol Coastal Craft for Drug Interdiction by Southern
Command.--Of the amount authorized to be appropriated pursuant
to section 301(20) for drug interdiction and counter-drug
activities, $14,500,000 shall be available for the purpose of
equipping and operating six of the Cyclone-class coastal
defense ships of the Department of Defense in the Caribbean Sea
and eastern Pacific Ocean in support of the drug interdiction
efforts of the United States Southern Command.
(d) Resulting Availability of Funds for
Counterproliferation and Counterterrorism Activities.--(1) In
light of subsection (c), of the amount authorized to be
appropriated pursuant to section 301(5) for the Special
Operations Command, $4,500,000 shall be available for the
purpose of increased training and related operations in support
of the activities of the Special Operations Command regarding
counterproliferation of weapons of mass destruction and
counterterrorism.
(2) The amount made available under this subsection is in
addition to other funds authorized to be appropriated under
section 301(5) for the Special Operations Command for such
purpose.
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1031. REPEAL OF UNNECESSARY AND OBSOLETE REPORTING PROVISIONS.
(a) Health and Medical Care Studies and Demonstrations.--
Section 1092(a) of title 10, United States Code, is amended by
striking out paragraph (3).
(b) Executed Requirement for Biannual Reports on
Alternative Utilization of Military Facilities.--Section 2819
of the National Defense Authorization Act, Fiscal Year 1989 (10
U.S.C. 2391 note), relating to the Commission on Alternative
Utilization of Military Facilities, is repealed.
SEC. 1032. REPORT REGARDING USE OF TAGGING SYSTEM TO IDENTIFY
HYDROCARBON FUELS USED BY DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than March 30, 1999, the
Secretary of Defense shall submit to Congress a report
evaluating the following:
(1) The feasibility of tagging hydrocarbon fuels
used by the Department of Defense for the purposes of
analyzing and identifying such fuels.
(2) The deterrent effect of such tagging on the
theft and misuse of fuels purchased by the Department.
(3) The extent to which such tagging would assist
in determining the source of surface and underground
pollution in locations having separate fuel storage
facilities of the Department and of civilian companies.
(b) System Elements.--In preparing the report, the
Secretary shall ensure that any tagging system for the
Department of Defense considered by the Secretary satisfies the
following requirements:
(1) The tagging system would not harm the
environment.
(2) Each chemical that would be used in the tagging
system is--
(A) approved for use under the Toxic
Substances Control Act (15 U.S.C. 2601 et
seq.); and
(B) substantially similar to the fuel to
which added, as determined in accordance with
criteria established by the Environmental
Protection Agency for the introduction of
additives into hydrocarbon fuels.
(3) The tagging system would permit a determination
if a tag is present and a determination if the
concentration of a tag has changed in order to
facilitate identification of tagged fuels and detection
of dilution of tagged fuels.
(4) The tagging system would not impair or degrade
the suitability of tagged fuels for their intended use.
(c) Recommendations.--The report shall include any
recommendations for legislation relating to the tagging of
hydrocarbon fuels by the Department of Defense that the
Secretary considers appropriate.
Subtitle E--Armed Forces Retirement Home
SEC. 1041. APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR OF THE NAVAL
HOME.
(a) Appointment and Qualifications of Director and Deputy
Director.--Subsection (a) of section 1517 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 417) is amended--
(1) in paragraph (2)--
(A) by striking out ``Each Director'' and
inserting in lieu thereof ``The Director of the
United States Soldiers' and Airmen's Home'';
and
(B) by striking out subparagraph (B) and
inserting in lieu thereof the following:
``(B) meet the requirements of paragraph (4).'';
(2) by redesignating paragraph (3) as paragraph
(5); and
(3) by inserting after paragraph (2) the following
new paragraphs (3) and (4):
``(3) The Director, and any Deputy Director, of the Naval
Home shall be appointed by the Secretary of Defense from among
persons recommended by the Secretaries of the military
departments who--
``(A) in the case of the position of Director, are
commissioned officers of the Armed Forces serving on
active duty in a pay grade above O-5;
``(B) in the case of the position of Deputy
Director, are commissioned officers of the Armed Forces
serving on active duty in a pay grade above O-4; and
``(C) meet the requirements of paragraph (4).
``(4) Each Director shall have appropriate leadership and
management skills, an appreciation and understanding of the
culture and norms associated with military service, and
significant military background.''.
(b) Term of Director and Deputy Director.--Subsection (c)
of such section is amended--
(1) by striking out ``(c) Term of Director.--'' and
all that follows through ``A Director'' in the second
sentence and inserting in lieu thereof ``(c) Terms of
Directors.--(1) The term of office of the Director of
the United States Soldiers' and Airmen's Home shall be
five years. The Director''; and
(2) by adding at the end the following new
paragraph:
``(2) The Director and the Deputy Director of the Naval
Home shall serve at the pleasure of the Secretary of
Defense.''.
(c) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(g) Definitions.--In this section:
``(1) The term `United States Soldiers' and
Airmen's Home' means the separate facility of the
Retirement Home that is known as the United States
Soldiers' and Airmen's Home.
``(2) The term `Naval Home' means the separate
facility of the Retirement Home that is known as the
Naval Home.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 1998.
SEC. 1042. REVISION OF INSPECTION REQUIREMENTS RELATING TO ARMED FORCES
RETIREMENT HOME.
(a) Inspection by Inspectors General of the Military
Departments.--Section 1518 of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 418) is amended to read as follows:
``SEC. 1518. INSPECTION OF RETIREMENT HOME.
``(a) Triennial Inspection.--Every three years the
Inspector General of a military department shall inspect the
Retirement Home, including the records of the Retirement Home.
``(b) Alternating Duty Among Inspectors General.--The duty
to inspect the Retirement Home shall alternate among the
Inspector General of the Army, the Naval Inspector General, and
the Inspector General of the Air Force on such schedule as the
Secretary of Defense shall direct.
``(c) Reports.--Not later than 45 days after completing an
inspection under subsection (a), the Inspector General carrying
out the inspection shall submit to the Retirement Home Board,
the Secretary of Defense, and Congress a report describing the
results of the inspection and containing such recommendations
as the Inspector General considers appropriate.''.
(b) First Inspection.--The first inspection under section
1518 of the Armed Forces Retirement Home Act of 1991, as
amended by subsection (a), shall be carried out during fiscal
year 1999.
SEC. 1043. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, ARMED FORCES
RETIREMENT HOME.
Section 1053 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2650) is
amended--
(1) in subsection (a), by striking out ``may
convey, by sale or otherwise,'' and inserting in lieu
thereof ``shall convey by sale''; and
(2) by striking out subsection (b) and inserting in
lieu thereof the following new subsection (b):
``(b) Manner, Terms and Conditions of Disposal.--(1) The
sale under subsection (a) shall be made to a neighboring
nonprofit organization from whose extensive educational and
charitable services the public benefits and has benefited from
for more than 100 years, or an entity or entities related to
such organization, and whose substantial investment in the
neighborhood is consistent with the continued existence and
purpose of the Armed Forces Retirement Home.
``(2) As consideration for the real property conveyance
under subsection (a), the purchaser selected under paragraph
(1) shall pay to the United States an amount equal to the fair
market value of the real property at its highest and best
economic use, as determined by the Armed Forces Retirement Home
Board, based on an independent appraisal.''.
Subtitle F--Matters Relating to Defense Property
SEC. 1051. PLAN FOR IMPROVED DEMILITARIZATION OF EXCESS AND SURPLUS
DEFENSE PROPERTY.
(a) Plan Required.--Not later than March 1, 1999, the
Secretary of Defense shall submit to Congress a plan to address
the problems with the sale or other disposal of excess and
surplus defense materials identified in the report submitted to
Congress by the Secretary of Defense on June 5, 1998, pursuant
to section 1067 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1896). The plan
shall provide for the following:
(1) Implementation for all appropriate Department
personnel of the mandatory demilitarization training
specified in Department of Defense revised manual
4160.21-M-1.
(2) Improvement of oversight of the performance of
demilitarization functions and the maintenance of
demilitarization codes throughout the life cycle of
defense materials.
(3) Assignment of accurate demilitarization codes
and the issuance of accurate demilitarization execution
instructions during the system planning phases of the
acquisition process.
(4) Implementation of such recommendations of the
Defense Science Board task force appointed by the Under
Secretary of Defense for Acquisition and Technology to
consider the control of military excess and surplus
property as the Secretary of Defense considers to be
appropriate.
(b) Demilitarization Training.--In connection with the
demilitarization training that is required to be addressed in
the plan, the Secretary shall indicate the time frame for full
implementation of such training and the number of Department of
Defense personnel to be trained.
(c) Centralized Demilitarization Functions.--In connection
with the matters specified in paragraphs (2) and (3) of
subsection (a) that are required to be addressed in the plan,
the Secretary shall consider options for the centralization of
demilitarization functions and responsibilities in a single
office or agency. The Secretary shall specify in the plan the
responsible office or agency, and indicate the time frame for
centralizing demilitarization functions and responsibilities,
unless the Secretary determines that it is not practical or
appropriate to centralize demilitarization functions and
responsibilities, in which case the Secretary shall provide the
reasons for the determination.
(d) Draft Legislation.--The Secretary shall include in the
plan any draft legislation that the Secretary considers
appropriate to clarify the authority of the Government to
recover critical and sensitive defense property that has been
inadequately demilitarized.
(e) Related Reports.--(1) The Secretary shall submit with
the plan--
(A) a copy of recommendations of the Defense
Science Board task force referred to in subsection
(a)(4); and
(B) a copy of the report prepared by an independent
contractor in accordance with the Secretary's report
referred to in subsection (a), at the request of the
Defense Logistics Agency, to address options for
centralizing demilitarizationresponsibilities,
including a central demilitarization office and a central system for
coding and maintaining demilitarization codes through the life cycle of
the property involved.
(2) With respect to the report of the independent
contractor described in paragraph (1)(B), the Secretary shall
provide an evaluation of the recommendations contained in the
report and any plans by the Secretary for implementing the
recommendations.
SEC. 1052. TRANSFER OF F-4 PHANTOM II AIRCRAFT TO FOUNDATION.
(a) Authority.--The Secretary of the Air Force may convey,
without consideration, to the Collings Foundation, Stow,
Massachusetts (in this section referred to as the
``foundation''), all right, title, and interest of the United
States in and to one surplus F-4 Phantom II aircraft. The
conveyance shall be made by means of a conditional deed of
gift.
(b) Condition of Aircraft.--The Secretary may not convey
ownership of the aircraft under subsection (a) until the
Secretary determines that the foundation has altered the
aircraft in such manner as the Secretary determines necessary
to ensure that the aircraft does not have any capability for
use as a platform for launching or releasing munitions or any
other combat capability that it was designed to have. The
Secretary is not required to repair or alter the condition of
the aircraft before conveying ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary
shall include in the instrument of conveyance of the aircraft--
(1) a condition that the foundation not convey any
ownership interest in, or transfer possession of, the
aircraft to any other party without the prior approval
of the Secretary;
(2) a condition that the foundation operate and
maintain the aircraft in compliance with all applicable
limitations and maintenance requirements imposed by the
Administrator of the Federal Aviation Administration;
and
(3) a condition that if the Secretary determines at
any time that the foundation has conveyed an ownership
interest in, or transferred possession of, the aircraft
to any other party without the prior approval of the
Secretary, or has failed to comply with the condition
set forth in paragraph (2), all right, title, and
interest in and to the aircraft, including any repair
or alteration of the aircraft, shall revert to the
United States, and the United States shall have the
right of immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The
conveyance of an aircraft authorized by this section shall be
made at no cost to the United States. Any costs associated with
such conveyance, costs of determining compliance with
subsection (b), and costs of operation and maintenance of the
aircraft conveyed shall be borne by the foundation.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
(f) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of the F-4
Phantom II aircraft to the foundation under subsection (a), the
United States shall not be liable for any death, injury, loss,
or damage that results from any use of that aircraft by any
person other than the United States.
Subtitle G--Other Department of Defense Matters
SEC. 1061. PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT OF LEGAL
PROCESS FOR GARNISHMENT OF FEDERAL PAY FOR CHILD
SUPPORT AND ALIMONY.
(a) Program Required.--The Secretary of Defense shall
conduct a pilot program on alternative notice procedures for
withholding or garnishment of pay for the payment of child
support and alimony under section 459 of the Social Security
Act (42 U.S.C. 659).
(b) Purpose.--The purpose of the pilot program is to test
the efficacy of providing notice in accordance with subsection
(c) to the person whose pay is to be withheld or garnished.
(c) Authorization of Alternative To Providing Copy of
Notice or Service Received by the Secretary.--(1) Under the
pilot program, 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 (e) 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) Under the pilot program, 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 (e) 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.
(d) 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.
(e) Alternative Requirements.--The information referred to
in subsection (c) 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.
(f) Period of Pilot Program.--The Secretary shall commence
the pilot program not later than 90 days after thedate of the
enactment of this Act. The pilot program shall terminate on September
30, 2001.
(g) Report.--Not later than January 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. 1062. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN
FORCES.
(a) Requirement for Prior Approval of Secretary of
Defense.--Subsection (c) of section 2011 of title 10, United
States Code, 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.''.
(b) 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.''.
SEC. 1063. RESEARCH GRANTS COMPETITIVELY AWARDED TO SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 4358. Grants for faculty research for scientific, literary, and
educational purposes: acceptance; authorized
grantees
``(a) Acceptance of Research Grants.--The Secretary of the
Army may authorize the Superintendent of the Academy to accept
qualifying research grants under this section. Any such grant
may only be accepted if the work under the grant is to be
carried out by a professor or instructor of the Academy for a
scientific, literary, or educational purpose.
``(b) Qualifying Grants.--A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research
project with a scientific, literary, or educational purpose.
``(c) Entities From Which Grants May be Accepted.--A grant
may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity
that is organized and operated primarily for scientific,
literary, or educational purposes.
``(d) Administration of Grant Funds.--The Secretary shall
establish an account for administering funds received as
research grants under this section. The Superintendent shall
use the funds in the account in accordance with applicable
regulations and the terms and conditions of the grants
received.
``(e) Related Expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations availablefor
the Academy may be used to pay expenses incurred by the Academy in
applying for, and otherwise pursuing, award of a qualifying research
grant.
``(f) Regulations.--The Secretary of the Army shall
prescribe regulations for the administration of this
section.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``4358. Grants for faculty research for scientific, literary, and
educational purposes: acceptance; authorized grantees.''.
(b) United States Naval Academy.--(1) Chapter 603 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 6977. Grants for faculty research for scientific, literary, and
educational purposes: acceptance; authorized
grantees
``(a) Acceptance of Research Grants.--The Secretary of the
Navy may authorize the Superintendent of the Academy to accept
qualifying research grants under this section. Any such grant
may only be accepted if the work under the grant is to be
carried out by a professor or instructor of the Academy for a
scientific, literary, or educational purpose.
``(b) Qualifying Grants.--A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research
project with a scientific, literary, or educational purpose.
``(c) Entities From Which Grants May be Accepted.--A grant
may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity
that is organized and operated primarily for scientific,
literary, or educational purposes.
``(d) Administration of Grant Funds.--The Secretary shall
establish an account for administering funds received as
research grants under this section. The Superintendent shall
use the funds in the account in accordance with applicable
regulations and the terms and conditions of the grants
received.
``(e) Related Expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations available
for the Academy may be used to pay expenses incurred by the
Academy in applying for, and otherwise pursuing, award of a
qualifying research grant.
``(f) Regulations.--The Secretary of the Navy shall
prescribe regulations for the administration of this
section.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``6977. Grants for faculty research for scientific, literary, and
educational purposes: acceptance; authorized grantees.''.
(c) United States Air Force Academy.--(1) Chapter 903 of
title 10, United States Code, is amended by adding at the end
the following new section:
Sec. 9357. Grants for faculty research for scientific, literary, and
educational purposes: acceptance; authorized
grantees
``(a)Acceptance of Research Grants.--The Secretary of the
AIr Force may authorize the Superintendent of the Academy to
accept qualifying research grants under this section. Any such
grant may only be accepted if the work under the grant is to be
carried out by a professor or instructor of the Academy for a
scientific, literary, or educational purpose.
``(b) Qualifying Grants.-- A qualifying research grant
under this section is a grant that is awarded on competitive
basis by an entity referred to in subsection (c) for a research
project with a scientific, literary, or educational purpose.
``(c) Entities From Which Grants May be Accepted.--A grant
may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity
that is organized and operated primarily or scientific,
literary, or educational purposes.
``(d) Administration of Grant Funds.--The Secretary shall
establish an account for administering funds received as
research grant under this section. The Superintendent shall use
the funds in the account in accordance with applicable
regulations and the terms and conditions of the grants
received.
``(e) Related Expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations available
for the Academy may be used to pay expenses incurred by the
Academy in applying for, and otherwise pursuing, award of a
qualifying research grant.
``(f) Regulaitons.--The Secretary of the Air Force shall
prescribe regulations for the administration of this
section.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``9357. Grants for faculty research for scientific, literary, and
educational purposes: acceptance; authorized grantees.''.
SEC. 1064. DEPARTMENT OF DEFENSE USE OF FREQUENCY SPECTRUM.
(a) Finding.--Congress finds that the report submitted to
Congress by the Secretary of Defense on April 2, 1998,
regarding the reallocation of the frequency spectrum used or
dedicated to the Department of Defense and the intelligence
community does not include a discussion of the costs to the
Department of Defense that are associated with past and
potential future reallocations of the frequency spectrum,
although such a discussion was to be included in the report as
directed in connection with the enactment of the National
Defense Authorization Act for Fiscal Year 1998.
(b) Additional Report.--The Secretary of Defense shall, not
later than October 31, 1998, submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report that discusses the
costs referred to in subsection (a).
(c) Relocation of Federal Frequencies.--Section 113(g)(1)
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(1)) is
amended--
(1) by striking out ``(1) In general.--In order''
and inserting in lieu thereof the following:
``(1) In general.--
``(A) Authority of federal entities to
accept compensation.--In order'';
(2) in subparagraph (A), as so designated, by
striking out the second, third, and fourth sentences
and insertingin lieu thereof the following: ``Any such
Federal entity which proposes to so relocate shall notify the NTIA,
which in turn shall notify the Commission, before the auction concerned
of the marginal costs anticipated to be associated with such relocation
or with modifications necessary to accommodate prospective licensees.
The Commission in turn shall notify potential bidders of the estimated
relocation or modification costs based on the geographic area covered
by the proposed licenses before the auction.''; and
(3) by adding at the end the following:
``(B) Requirement to compensate federal
entities.--Any person on whose behalf a Federal
entity incurs costs under subparagraph (A)
shall compensate the Federal entity in advance
for such costs. Such compensation may take the
form of a cash payment or in-kind compensation.
``(C) Disposition of payments.--
``(i) Payment by electronic funds
transfer.--A person making a cash
payment under this paragraph shall make
the cash payment by depositing the
amount of the payment by electronic
funds transfer in the account of the
Federal entity concerned in the
Treasury of the United States or in
another account as authorized by law.
``(ii) Availability.--Subject to
the provisions of authorization Acts
and appropriations Acts, amounts
deposited under this subparagraph shall
be available to the Federal entity
concerned to pay directly the costs of
relocation under this paragraph, to
repay or make advances to
appropriations or funds which do or
will initially bear all or part of such
costs, or to refund excess sums when
necessary.
``(D) Application to certain other
relocations.--The provisions of this paragraph
also apply to any Federal entity that operates
a Federal Government station assigned to used
electromagnetic spectrum identified for
reallocation under subsection (a) if before
August 5, 1997, the Commission has not
identified that spectrum for service or
assigned licenses or otherwise authorized
service for that spectrum.
``(E) Implementation procedures.--The NTIA
and the Commission shall develop procedures for
the implementation of this paragraph, which
procedures shall include a process for
resolving any differences that arise between
the Federal Government and commercial licensees
regarding estimates of relocation or
modification costs under this paragraph.
``(F) Inapplicability to certain
relocations.--With the exception of the band of
frequencies located at 1710-1755 megahertz, the
provisions of this paragraph shall not apply to
Federal spectrum identified for reallocation in
the first reallocation report submitted to the
President and Congress under subsection (a).''.
(d) Reports on Costs of Relocations.--The head of each
department or agency of the Federal Government shall include in
the annual budget submission of such department or agency to
the Director of the Office of Management and Budget a report
assessing the costs to be incurred by such department or agency
as a result of any frequency relocations of such department or
agency that are anticipated under section 113 of the National
Telecommunications Information Administration Organization Act
(47 U.S.C. 923) as of the date of such report.
SEC. 1065. DEPARTMENT OF DEFENSE AVIATION ACCIDENT INVESTIGATIONS.
(a) Report Required.--Not later than March 31, 1999, the
Secretary of Defense shall submit to Congress a report on the
roles of the Office of the Secretary of Defense and of the
Joint Staff in the investigation of Department of Defense
aviation accidents.
(b) Content of Report.--The report shall include the
following:
(1) An assessment of whether the Office of the
Secretary of Defense and the Joint Staff should have
more direct involvement in the investigation of
military aviation accidents.
(2) The advisability of the Office of the Secretary
of Defense, the Joint Staff, or another Department of
Defense entity independent of the military departments
supervising the conduct of aviation accident
investigations.
(3) An assessment of the minimum training and
experience required for aviation accident investigation
board presidents and board members.
(4) An assessment whether or not the procedures for
sharing the results of military aviation accident
investigations among the military departments should be
improved.
(5) An assessment of the advisability of
centralized training and instruction for military
aircraft accident investigators.
(c) Uniform Regulations for Provision of Accident
Investigation Update Information.--The Secretary of Defense
shall prescribe regulations, which shall be applied uniformly
across the Department of Defense, establishing procedures by
which the military departments shall provide to the family
members of any person involved in a military aviation accident
periodic update reports on the conduct and progress of
investigations into the accident.
SEC. 1066. INVESTIGATION OF ACTIONS RELATING TO 174TH FIGHTER WING OF
NEW YORK AIR NATIONAL GUARD.
(a) Investigation.--The Inspector General of the Department
of Defense shall conduct a new investigation into the
circumstances that led to the December 1, 1995, grounding of
the 174th Fighter Wing of the New York Air National Guard. The
investigation shall review those circumstances, examine the
administrative and disciplinary actions taken against members
of that wing, and determine whether those administrative and
disciplinary measures were appropriate.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General shall submit to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
describing the results of the investigation under subsection
(a).
SEC. 1067. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE KOREAN WAR.
(a) Limitation on Expenditures.--Subsection (f) of section
1083 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1918; 10 U.S.C. 113 note) is
amended to read as follows:
``(f) Limitation on Expenditures.--The total amount
expended by the Department of Defense to carry out the
commemorative program for fiscal year 1999 may not exceed
$1,820,000.''.
(b) Redesignation of Commemoration Account.--The account in
the Treasury known as the ``Department of Defense Korean
Conflict Commemoration Account'' is redesignated as the
``Department of Defense Korean War Commemoration Account''.
(c) Other References to Korean War.--Such section is
further amended--
(1) in the section heading, by striking out
``korean conflict'' and inserting in lieu thereof
``korean war'';
(2) by striking out ``Korean conflict'' each place
it appears and inserting in lieu thereof ``Korean
War'';
(3) in subsection (c), by striking out ``names `The
Department of Defense Korean Conflict Commemoration',''
and inserting in lieu thereof ``name the `Department of
Defense Korean War Commemoration',''; and
(4) in subsection (d)(1), by striking out ``Korean
Conflict'' and inserting in lieu thereof ``Korean
War''.
(d) Cross References.--Any reference to the Department of
Defense Korean Conflict Commemoration or the Department of
Defense Korean Conflict Commemoration Accountin any law,
regulation, document, record, or other paper of the United States shall
be considered to be a reference to the Department of Defense Korean War
Commemoration or the Department of Defense Korean War Commemoration
Account, respectively.
SEC. 1068. DESIGNATION OF AMERICA'S NATIONAL MARITIME MUSEUM.
(a) In General.--America's National Maritime Museum is
comprised of those museums designated by law to be museums of
America's National Maritime Museum on the basis that they--
(1) house a collection of maritime artifacts
clearly representing the Nation's maritime heritage;
and
(2) provide outreach programs to educate the public
about the Nation's maritime heritage.
(b) Initial Designation of Museums.--The following museums
(meeting the criteria specified in subsection (a)) are hereby
designated as museums of America's National Maritime Museum:
(1) The Mariners' Museum, located at 100 Museum
Drive, Newport News, Virginia.
(2) The South Street Seaport Museum, located at 207
Front Street, New York, New York.
(c) Future Designation of Other Museums Not Precluded.--The
designation of the museums referred to in subsection (b) as
museums of America's National Maritime Museum does not preclude
the designation by law after the date of the enactment of this
Act of any other museum that meets the criteria specified in
subsection (a) as a museum of America's National Maritime
Museum.
(d) Reference to Museums.--Any reference in any law, map,
regulation, document, paper, or other record of the United
States to a museum designated by law to be a museum of
America's National Maritime Museum shall be deemed to be a
reference to that museum as a museum of America's National
Maritime Museum.
SEC. 1069. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The item relating to section 484 in the table
of sections at the beginning of chapter 23 is amended
to read as follows:
``484. Annual report on aircraft inventory.''.
(2) Section 517(a) is amended by striking out
``Except as provided in section 307 of title 37, the''
and inserting in lieu thereof ``The''.
(3) The item relating to section 2302c in the table
of sections at the beginning of chapter 137 is amended
to read as follows:
``2302c. Implementation of electronic commerce capability.''.
(4) The table of subchapters at the beginning of
chapter 148 is amended--
(A) by striking out ``2491'' in the item
relating to subchapter I and inserting in lieu
thereof ``2500''; and
(B) by striking out the item relating to
subchapter IV and inserting in lieu thereof the
following:
``IV. Manufacturing Technology................................ 2521''.
(5) The subchapter heading for subchapter IV of
chapter 148 is amended to read as follows:
``SUBCHAPTER IV--MANUFACTURING TECHNOLOGY''
(6) Section 7045(c) is amended by striking out
``the'' after ``are subject to''.
(7) Section 7572(b) is repealed.
(8) Section 12683(b)(2) is amended by striking out
``; or'' at the end and inserting in lieu thereof a
period.
(b) Public Law 105-85.--Effective as of November 18, 1997,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85) is
amended as follows:
(1) Section 389(g) (111 Stat. 1715) is amended by
striking out ``Secretary of Defense'' and inserting in
lieu thereof ``Comptroller General''.
(2) Section 1006(a) (111 Stat. 1869) is amended by
striking out ``or'' in the quoted matter and inserting
in lieu thereof ``and''.
(3) Section 3133(b)(3) (111 Stat. 2036) is amended
by striking out ``III'' and inserting in lieu thereof
``XIV''.
(c) Defense Against Weapons of Mass Destruction Act of
1996.--The Defense Against Weapons of Mass Destruction Act of
1996 (title XIV of Public Law 104-201) is amended as follows:
(1) Section 1423(b)(4) (50 U.S.C. 2332(b)(4); 110
Stat. 2726) is amended by striking out ``(22 U.S.C.
2156a(c))'' and inserting in lieu thereof ``(42 U.S.C.
2139a(c))''.
(2) Section 1441(b)(2) (50 U.S.C. 2351(b)(2); 110
Stat. 2727) is amended by striking out ``established
under section 1342'' and inserting in lieu thereof ``of
the National Security Council''.
(3) Section 1444 (50 U.S.C. 2354; 110 Stat. 2730)
is amended by striking out ``1341'' and ``1342'' and
inserting in lieu thereof ``1441'' and ``1442'',
respectively.
(4) Section 1453(1) (50 U.S.C. 2363(1); 110 Stat.
2730) is amended by striking out ``the National Defense
Authorization Act for Fiscal Years 1993 and 1994'' and
inserting in lieu thereof ``title XIV of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 22 U.S.C. 5901 et seq.)''.
(d) Other Acts.--
(1) Section 18(c)(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 416(c)(1)) is amended
by striking out the period at the end of subparagraph
(A) and inserting in lieu thereof a semicolon.
(2) Section 3(c)(2) of Public Law 101-533 (22
U.S.C. 3142(c)(2)) is amended by striking out
``included in the most recent plan submitted to the
Congress under section 2506 of title 10'' and inserting
in lieu thereof ``identified in the most recent
assessment prepared under section 2505 of title 10''.
(e) Coordination With Other Amendments.--For purposes of
applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as
having been enacted immediately before the other provisions of
this Act.
Subtitle H--Other Matters
SEC. 1071. ACT CONSTITUTING PRESIDENTIAL APPROVAL OF VESSEL WAR RISK
INSURANCE REQUESTED BY THE SECRETARY OF DEFENSE.
(a) In General.--Section 1205(b) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1285(b)), is amended by adding at the
end the following new sentence: ``The signature of the
President (or of an official designated by the President) on
the agreement shall be treated as an expression of the approval
required under section 1202(a) to provide the insurance.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply only to a signature of the President (or of an
official designated by the President) on or after the date of
the enactment of this Act.
SEC. 1072. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF
1950.
(a) Extension of Termination Date.--Section 717(a) of the
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is
amended by striking ``September 30, 1998'' and inserting
``September 30, 1999''.
(b) Extension of Authorization.--Section 711(b) of the
Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is
amended by striking ``and 1998'' and inserting ``1998, and
1999''.
SEC. 1073. REQUIREMENT THAT BURIAL FLAGS FURNISHED BY THE SECRETARY OF
VETERANS AFFAIRS BE WHOLLY PRODUCED IN THE UNITED
STATES.
(a) Requirement.--Section 2301 of title 38, United States
Code, as amended by section 517, is further amended by adding
at the end the following new subsection:
``(g)(1) The Secretary may not procure any flag for the
purposes of this section that is not wholly produced in the
United States.
``(2)(A) The Secretary may waive the requirement of
paragraph (1) if the Secretary determines--
``(i) that the requirement cannot be reasonably
met; or
``(ii) that compliance with the requirement would
not be in the national interest of the United States.
``(B) The Secretary shall submit to Congress in writing
notice of a determination under subparagraph (A) not later than
30 days after the date on which such determination is made.
``(3) For the purpose of paragraph (1), a flag shall be
considered to be wholly produced in the United States only if--
``(A) the materials and components of the flag are
entirely grown, manufactured, or created in the United
States;
``(B) the processing (including spinning, weaving,
dyeing, and finishing) of such materials and components
is entirely performed in the United States; and
``(C) the manufacture and assembling of such
materials and components into the flag is entirely
performed in the United States.''.
(b) Effective Date.--Subsection (g) of section 2301 of
title 38, United States Code, as added by subsection (a), shall
apply to flags procured by the Secretary of Veterans Affairs
for the purposes of section 2301 of title 38, United States
Code, after the end of the 30-day period beginning on the date
of the enactment of this Act.
SEC. 1074. SENSE OF CONGRESS CONCERNING TAX TREATMENT OF PRINCIPAL
RESIDENCE OF MEMBERS OF ARMED FORCES WHILE AWAY
FROM HOME ON ACTIVE DUTY.
It is the sense of Congress that a member of the Armed
Forces should be treated for purposes of section 121 of the
Internal Revenue Code of 1986 as using property as a principal
residence during any continuous period that the member is
serving on active duty for 180 days or more with the Armed
Forces, but only if the member used the property as a principal
residence for any period during or immediately before that
period of active duty.
SEC. 1075. CLARIFICATION OF STATE AUTHORITY TO TAX COMPENSATION PAID TO
CERTAIN EMPLOYEES.
(a) Limitation on State Authority To Tax Compensation Paid
to Individuals Performing Services at Fort Campbell,
Kentucky.--
(1) In general.--Chapter 4 of title 4, United
States Code, is amended by adding at the end the
following:
``Sec. 115. Limitation on State authority to tax compensation paid to
individuals performing services at Fort Campbell,
Kentucky
``Pay and compensation paid to an individual for personal
services at Fort Campbell, Kentucky, shall be subject to
taxation by the State or any political subdivision thereof of
which such employee is a resident.''.
(2) Conforming amendment.--The table of sections
for chapter 4 of title 4, United States Code, is
amended by adding at the end the following:
``115. Limitation on State authority to tax compensation paid to
individuals performing services at Fort Campbell, Kentucky.''.
(3) Effective date.--The amendments made by this
subsection shall apply to pay and compensation paid
after the date of the enactment of this Act.
(b) Clarification of State Authority To Tax Compensation
Paid to Certain Federal Employees.--
(1) In general.--Section 111 of title 4, United
States Code, is amended--
(A) by inserting ``(a) General Rule.--''
before ``The United States'' the first place it
appears; and
(B) by adding at the end the following:
``(b) Treatment of Certain Federal Employees Employed at
Federal Hydroelectric Facilities Located on the Columbia
River.--Pay or compensation paid by theUnited States for
personal services as an employee of the United States at a
hydroelectric facility--
``(1) which is owned by the United States;
``(2) which is located on the Columbia River; and
``(3) portions of which are within the States of
Oregon and Washington,
shall be subject to taxation by the State or any political
subdivision thereof of which such employee is a resident.
``(c) Treatment of Certain Federal Employees Employed at
Federal Hydroelectric Facilities Located on the Missouri
River.--Pay or compensation paid by the United States for
personal services as an employee of the United States at a
hydroelectric facility--
``(1) which is owned by the United States;
``(2) which is located on the Missouri River; and
``(3) portions of which are within the States of
South Dakota and Nebraska,
shall be subject to taxation by the State or any political
subdivision thereof of which such employee is a resident.''.
(2) Effective date.--The amendment made by this
subsection shall apply to pay and compensation paid
after the date of the enactment of this Act.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Defense Advanced Research Projects Agency experimental
personnel management program for technical personnel.
Sec. 1102. Maximum pay rate comparability for faculty members of the
United States Air Force Institute of Technology.
Sec. 1103. Authority for release to Coast Guard of drug test results of
civil service mariners of the Military Sealift Command.
Sec. 1104. Limitations on back pay awards.
Sec. 1105. 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. 1106. Repeal of program providing preference for employment of
military spouses in military child care facilities.
Sec. 1107. Observance of certain holidays at duty posts outside the
United States.
Sec. 1108. Continuation of random drug testing program for certain
Department of Defense employees.
Sec. 1109. Department of Defense employee voluntary early retirement
authority.
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY EXPERIMENTAL
PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL
PERSONNEL.
(a) Program Authorized.--During the five-year period
beginning on the date of the enactment of this Act, the
Secretary of Defense may carry out a program of experimental
use of the special personnel management authority provided in
subsection (b) in order to facilitate recruitment of eminent
experts in science or engineering for research and development
projects administered by the Defense Advanced Research Projects
Agency.
(b) Special Personnel Management Authority.--Under the
program, the Secretary may--
(1) appoint scientists and engineers from outside
the civil service and uniformed services (as such terms
are defined in section 2101 of title 5, United States
Code) to not more than 20 scientific and engineering
positions in the Defense Advanced Research Projects
Agency without regard to any provision of title 5,
United States Code, governing the appointment of
employees in the civil service;
(2) prescribe the rates of basic pay for positions
to which employees are appointed under paragraph (1) at
rates not in excess of the maximum rate of basic pay
authorized for senior-level positions under section
5376 of title 5, United States Code, notwithstanding
any provision of such title governing the rates of pay
or classification of employees in the executive branch;
and
(3) pay any employee appointed under paragraph (1)
payments in addition to basic pay within the limit
applicable to the employee under subsection (d)(1).
(c) Limitation on Term of Appointment.--(1) Except as
provided in paragraph (2), the service of an employee under an
appointment under subsection (b)(1) may not exceed four years.
(2) The Secretary may, in the case of a particular
employee, extend the period to which service is limited under
paragraph (1) by up to two years if the Secretary determines
that such action is necessary to promote the efficiency of the
Defense Advanced Research Projects Agency.
(d) Limitations on Additional Payments.--(1) The total
amount of the additional payments paid to an employee under
subsection (b)(3) for any 12-month period may not exceed the
least of the following amounts:
(A) $25,000.
(B) The amount equal to 25 percent of the
employee's annual rate of basic pay.
(C) The amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
(2) An employee appointed under subsection (b)(1) is not
eligible for any bonus, monetary award, or other monetary
incentive for service except for payments authorized under
subsection (b)(3).
(e) Period of Program.--(1) The program authorized under
this section shall terminate at the end of the five-year period
referred to in subsection (a).
(2) After the termination of the program--
(A) no appointment may be made under paragraph (1)
of subsection (b);
(B) a rate of basic pay prescribed under paragraph
(2) of that subsection may not take effect for a
position; and
(C) no period of service may be extended under
subsection (c)(1).
(f) Savings Provisions.--In the case of an employee who, on
the day before the termination of the program, is serving in a
position pursuant to an appointment under subsection (b)(1)--
(1) the termination of the program does not
terminate the employee's employment in that position
before the expiration of the lesser of--
(A) the period for which the employee was
appointed; or
(B) the period to which the employee's
service is limited under subsection (c),
including any extension made under paragraph
(2) of that subsection before the termination
of the program; and
(2) the rate of basic pay prescribed for the
position under subsection (b)(2) may not be reduced for
so long (within the period applicable to the employee
under paragraph (1)) as the employee continues to serve
in the position without a break in service.
(g) Annual Report.--(1) Not later than October 15 of each
year, beginning in 1999 and ending in 2004, the Secretary of
Defense shall submit a report on the program to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives. The report submitted
in a year shall cover the 12-month period ending on the day
before the anniversary, in that year, of the date of the
enactment of this Act.
(2) The annual report shall contain, for the period covered
by the report, the following:
(A) A detailed discussion of the exercise of
authority under this section.
(B) The sources from which individuals appointed
under subsection (b)(1) were recruited.
(C) The methodology used for identifying and
selecting such individuals.
(D) Any additional information that the Secretary
considers helpful for assessing the utility of the
authority under this section.
SEC. 1102. MAXIMUM PAY RATE COMPARABILITY FOR FACULTY MEMBERS OF THE
UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
Section 9314(b)(2)(B) of title 10, United States Code, is
amended by striking out ``section 5306(e)'' and inserting in
lieu thereof ``section 5373''.
SEC. 1103. 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. 1104. 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. 1105. 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. 1106. 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. 1107. 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.''.
SEC. 1108. CONTINUATION OF RANDOM DRUG TESTING PROGRAM FOR CERTAIN
DEPARTMENT OF DEFENSE EMPLOYEES.
(a) Continuation of Existing Program.--The Secretary of
Defense shall continue to actively carry out the drug testing
program, originally required by section 3(a) of Executive Order
12564 (51 Fed. Reg. 32889; September 15, 1986), involving
civilian employees of the Department of Defense who are
considered to be employees in sensitive positions. The
Secretary shall comply with the drug testing procedures
prescribed pursuant to section 4 of the Executive Order.
(b) Testing Upon Reasonable Suspicion of Illegal Drug
Use.--The Secretary of Defense shall ensure that the drug
testing program referred to in subsection (a) authorizes the
testing of a civilian employee of the Department of Defense for
illegal drug use when there is a reasonable suspicion that the
employee uses illegal drugs.
(c) Notification to Applicants.--The Secretary of Defense
shall notify persons who apply for employment with the
Department of Defense that, as a condition of employment by the
Department, the person may be required to submit to drug
testing under the drug testing program required by Executive
Order 12564 (51 Fed. Reg. 32889; September 15, 1986) pursuant
to the terms of the Executive Order.
(d) Definitions.--In this section, the terms ``illegal
drugs'' and ``employee in a sensitive position'' have the
meanings given such terms in section 7 of Executive Order 12564
(51 Fed. Reg. 32889; September 15, 1986).
SEC. 1109. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT
AUTHORITY.
(a) Civil Service Retirement System.--Section 8336 of title
5, United States Code, is amended--
(1) in subsection (d)(2), by inserting ``except in
the case of an employee described in subsection
(o)(1),'' after ``(2)''; and
(2) by adding at the end the following:
``(o)(1) An employee of the Department of Defense who is
separated from the service under conditions described in
paragraph (2) after completing 25 years of service or after
becoming 50 years of age and completing 20 years of service is
entitled to an annuity.
``(2) Paragraph (1) applies to an employee who--
``(A) has been employed continuously by the
Department of Defense for more than 30 days before the
date on which the Secretary concerned requests the
determinations required under in subparagraph (D)(i);
``(B) is serving under an appointment that is not
limited by time;
``(C) has not received a decision notice of
involuntary separation for misconduct or unacceptable
performance that is pending decision; and
``(D) is separated from the service voluntarily
during a period in which--
``(i) the Department of Defense or the
military department or subordinate organization
within the Department of Defense or military
department in which the employee is serving is
undergoing a major reorganization, a major
reduction in force, or a major transfer of
function, and employees comprising a
significant percentage of the employees serving
in that department or organization are to be
separated or subject to an immediate reduction
in the rate of basic pay (without regard to
subchapter VI of chapter 53, or comparable
provisions of law), as determined by the Office
of Personnel Management (under regulations
prescribed by the Office) upon the request of
the Secretary concerned; and
``(ii) the employee is within the scope of
an offer of voluntary early retirement (as
defined by organizational unit, occupational
series or level, geographical location, any
other similar factor that the Office of
Personnel Management determines appropriate, or
any combination of such definitions of scope),
as determined by the Secretary concerned under
regulations prescribed by the Office.
``(3) In this subsection, the term `Secretary concerned'
means--
``(A) the Secretary of Defense, with respect to an
employee of the Department of Defense not employed in a
position in a military department;
``(B) the Secretary of the Army, with respect to an
employee of the Department of the Army;
``(C) the Secretary of the Navy, with respect to an
employee of the Department of the Navy; and
``(D) the Secretary of the Air Force, with respect
to an employee of the Department of the Air Force.''.
(b) Federal Employees' Retirement System.--Section 8414 of
such title is amended--
(1) in subsection (b)(1)(B), by inserting ``except
in the case of an employee described in subsection
(d)(1),'' after ``(B)''; and
(2) by adding at the end the following:
``(d)(1) An employee of the Department of Defense who is
separated from the service under conditions described in
paragraph (2) after completing 25 years of service or after
becoming 50 years of age and completing 20 years of service is
entitled to an annuity.
``(2) Paragraph (1) applies to an employee who--
``(A) has been employed continuously by the
Department of Defense for more than 30 days before the
date on which the Secretary concerned requests the
determinations required under subparagraph (D)(i);
``(B) is serving under an appointment that is not
limited by time;
``(C) has not received a decision notice of
involuntary separation for misconduct or unacceptable
performance that is pending decision; and
``(D) is separated from the service voluntarily
during a period in which--
``(i) the Department of Defense or the
military department or subordinate organization
within the Department of Defense or military
department in which the employee is serving is
undergoing a major reorganization, a major
reduction in force, or a major transfer of
function, and employees comprising a
significant percentage of the employees serving
in that department or organization are to be
separated or subject to an immediate reduction
in the rate of basic pay (without regard to
subchapter VI of chapter 53, or comparable
provisions of law), as determined by the Office
of Personnel Management (under regulations
prescribed by the Office) upon the request of
the Secretary concerned; and
``(ii) the employee is within the scope of
an offer of voluntary early retirement (as
defined by organizationalunit, occupational
series or level, geographical location, any other similar factor that
the Office of Personnel Management determines appropriate, or any
combination of such definitions of scope), as determined by the
Secretary concerned under regulations prescribed by the Office.
``(3) In this subsection, the term `Secretary concerned'
means--
``(A) the Secretary of Defense, with respect to an
employee of the Department of Defense not employed in a
position in a military department;
``(B) the Secretary of the Army, with respect to an
employee of the Department of the Army;
``(C) the Secretary of the Navy, with respect to an
employee of the Department of the Navy; and
``(D) the Secretary of the Air Force, with respect
to an employee of the Department of the Air Force.''.
(c) Conforming Amendments.--(1) Section 8339(h) of such
title is amended by striking out ``or (j)'' in the first
sentence and inserting in lieu thereof ``(j), or (o)''.
(2) Section 8464(a)(1)(A)(i) of such title is amended by
striking out ``or (b)(1)(B)'' and inserting in lieu thereof ``,
(b)(1)(B), or (d)''.
(d) Effective Date; Applicability.--The amendments made by
this section--
(1) shall take effect on October 1, 2000; and
(2) shall apply with respect to an approval for
voluntary early retirement made on or after that date.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Presidential reports.
Sec. 1204. Secretary of Defense reports on operations in Bosnia and
Herzegovina.
Sec. 1205. Definitions.
Subtitle B--Matters Relating to Contingency Operations
Sec. 1211. Report on involvement of Armed Forces in contingency and
ongoing operations.
Sec. 1212. Submission of report on objectives of a contingency operation
with requests for funding for the operation.
Subtitle C--Matters Relating to NATO and Europe
Sec. 1221. Limitation on United States share of costs of NATO expansion.
Sec. 1222. Report on military capabilities of an expanded NATO alliance.
Sec. 1223. Reports on the development of the European security and
defense identity.
Subtitle D--Other Matters
Sec. 1231. Limitation on assignment of United States forces for certain
United Nations purposes.
Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto
Protocol to the United Nations Framework Convention on Climate
Change.
Sec. 1233. Defense burdensharing.
Sec. 1234. Transfer of excess UH-1 Huey and AH-1 Cobra helicopters to
foreign countries.
Sec. 1235. Transfers of naval vessels to certain foreign countries.
Sec. 1236. Repeal of landmine moratorium.
Sec. 1237. Application of authorities under the International Emergency
Economic Powers Act to Communist Chinese military companies.
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
SEC. 1201. FINDINGS.
Congress makes the following findings:
(1) The contributions of the people of the United
States and other nations have, in large measure,
resulted in the suspension of fighting and alleviated
the suffering of the people of Bosnia and Herzegovina
since December 1995.
(2) The United States has expended approximately
$9,500,000,000 between 1992 and mid-1998 just in
supportof the United States military operations in
Bosnia to achieve those results.
(3) Efforts to restore the economy and political
structure in Bosnia and Herzegovina have achieved some
success in accordance with the Dayton Accords.
(4) On March 3, 1998, the President certified to
Congress (A) that the continued presence of United
States forces in Bosnia and Herzegovina after June 30,
1998, was required in order to meet the national
security interests of the United States, and (B) that
United States Armed Forces will not serve as, or be
used as, civil police in Bosnia and Herzegovina.
(5) With that certification, the President
submitted to Congress a report stating that the goal of
the military presence in Bosnia and Herzegovina is to
establish the conditions under which implementation of
the Dayton Accords can continue without the support of
a major NATO-led military force and setting forth the
criteria for determining when that goal has been
accomplished.
(6) Since the administration has not specified how
long achievement of that goal is expected to take, the
mission of United States ground combat forces in Bosnia
and Herzegovina is essentially of indefinite duration.
(7) The NATO operations plan for the Stabilization
Force (Operations Plan 10407, which went into effect on
June 20, 1998, after approval by allied foreign
ministers) incorporates all of the benchmarks set forth
in the report referred to in paragraph (5) and states
that the Stabilization Force will develop detailed
criteria for assessing progress in achieving those
benchmarks in close coordination with key international
organizations participating in civilian implementation
of the Dayton Accords.
(8) The military representatives of NATO member
nations have been tasked by the North Atlantic Council
to provide estimates of the time likely to be required
for implementation of the Dayton Accords.
(9) NATO has decided to conduct formal reviews when
appropriate (but at intervals of not more than six
months) to assess the security situation and the
progress being made in the implementation of the civil
aspects of the Dayton Accords. Those reviews will
enable the Alliance to make decisions as to reductions
in the size or the Stabilization Force, leading to its
eventual full withdrawal.
(10) NATO has approved the creation of a
multinational specialized unit of gendarmes or
paramilitary police composed of European security
forces to help promote public security in Bosnia and
Herzegovina as a part of the post-June 1998 mission for
the Stabilization Force.
(11) The limit established for spending by the
United States for the defense discretionary budget
category for fiscal year 1998 in the Balanced Budget
and Emergency Deficit Control Act of 1985 does not take
into account the continued deployment of United States
forces in Bosnia and Herzegovina after June 30, 1998,
leading to the request by the President for emergency
supplemental appropriations for the Bosnia and
Herzegovina mission through September 30, 1998.
(12) Amounts for Department of Defense operations
in Bosnia and Herzegovina during fiscal year 1999 were
not included in the budget of the President for fiscal
year 1999, as submitted to Congress on February 2,
1998.
(13) The President requested $1,858,600,000 in
emergency appropriations in his March 4, 1998,
amendment to the fiscal year 1999 budget to cover the
shortfall in funding in fiscal year 1999 for the costs
of extending the mission in Bosnia.
SEC. 1202. SENSE OF CONGRESS.
(a) Sense of Congress Concerning United States Forces and
Accomplishment of Tasks in Bosnia and Herzegovina.--It is the
sense of Congress that--
(1) United States ground combat forces should not
remain in Bosnia and Herzegovina indefinitely in view
of theworldwide commitments of the Armed Forces of the
United States;
(2) the President should work with NATO allies and
the other nations whose military forces are
participating in the NATO-led Stabilization Force to
withdraw United States ground combat forces from Bosnia
and Herzegovina within a reasonable period of time,
consistent with the safety of those forces and the
accomplishment of the Stabilization Force's military
tasks;
(3) a NATO-led force without the participation of
United States ground combat forces in Bosnia and
Herzegovina might be suitable for a follow-on force for
Bosnia and Herzegovina if the European Security and
Defense Identity is not sufficiently developed or is
otherwise considered inappropriate for such a mission;
and
(4) the United States may decide to provide
appropriate support to a Western European Union-led or
NATO-led follow-on force for Bosnia and Herzegovina,
including command and control, intelligence, logistics,
and, if necessary, a ready reserve force in the region.
(b) Sense of Congress Concerning Presidential Actions.--It
is the sense of Congress that the President--
(1) should inform the European NATO allies of the
expression of the sense of Congress in subsection (a)
and should strongly urge them to undertake preparations
for establishing a Western European Union-led or a
NATO-led force as a follow-on force to the
Stabilization Force if needed to maintain peace and
stability in Bosnia and Herzegovina; and
(2) should consult closely with the congressional
leadership and the congressional defense committees
with respect to the progress being made toward
achieving a sustainable peace in Bosnia and Herzegovina
and the progress being made toward a reduction and
ultimate withdrawal of United States ground combat
forces from Bosnia and Herzegovina.
(c) Sense of Congress Concerning Defense Budget.--It is the
sense of Congress that--
(1) the President should include in the budget for
the Department of Defense that the President submits to
Congress under section 1105(a) of title 31, United
States Code, for each fiscal year sufficient amounts to
pay for any proposed continuation of the participation
of United States forces in NATO operations in Bosnia
and Herzegovina during that fiscal year; and
(2) amounts included in the budget for the purpose
stated in paragraph (1) should be over and above the
defense discretionary estimates as identified in the
Bipartisan Budget Agreement of May 16, 1997 and the
fiscal year 1998 concurrent budget resolution and not
be transferred from amounts in the budget of any other
agency of the executive branch, but instead should be
an overall increase in the budget for the Department of
Defense and the discretionary spending limits in the
Balanced Budget Act of 1997.
SEC. 1203. PRESIDENTIAL REPORTS.
(a) Required Reports.--The President shall ensure that the
semiannual reports required by section 7(b) of the general
provisions of chapter I of the 1998 Supplemental Appropriations
and Rescissions Act (Public Law 105-174; 112 Stat. 64) are
submitted to Congress in a timely manner as long as United
States ground combat forces continue to participate in the
Stabilization Force (SFOR). In addition, whenever the President
submits to Congress a request for funds for continued
operations of United States forces in Bosnia and Herzegovina,
the President shall submit a supplemental report providing
information to update Congress on developments since the last
semiannual report.
(b) Required Information.--In addition to the information
required by the section referred to in subsection (a) to be
included in a report under that section, each report under that
section or under subsection (a) shall include the following:
(1) The expected duration of the deployment of
United States ground combat forces in Bosnia and
Herzegovina in support of implementation of the
benchmarks set forth in the President's report of March
3, 1998 (referred to in section 1201(5)) for achieving
a sustainable peace process.
(2) The percentage of those benchmarks 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.
(3) The status of the NATO force of gendarmes or
paramilitary police, including the mission of the
force, the composition of the force, and the extent, if
any, to which members of the Armed Forces of the United
States are participating (or are to participate) in the
force.
(4) The military and nonmilitary missions that the
President has directed for United States forces in
Bosnia and Herzegovina, including a specific discussion
of--
(A) the mission of those forces, if any, in
connection with the pursuit and apprehension of
war criminals;
(B) the mission of those forces, if any, in
connection with civilian police functions;
(C) the mission of those forces, if any, in
connection with the resettlement of refugees;
and
(D) the missions undertaken by those
forces, if any, in support of international and
local civilian authorities.
(5) An assessment of the risk for the United States
forces in Bosnia and Herzegovina, including, for each
mission identified pursuant to paragraph (4), the
assessment of the Chairman of the Joint Chiefs of Staff
regarding the nature and level of risk of the mission
for the safety and well-being of United States military
personnel.
(6) An assessment of the cost to the United States,
by fiscal year, of carrying out the missions identified
pursuant to paragraph (4) and a detailed projection of
any additional funding that will be required by the
Department of Defense to meet mission requirements for
those operations for the remainder of the fiscal year.
(7) A joint assessment by the Secretary of Defense
and the Secretary of State of the status of planning
for--
(A) the assumption of all remaining
military missions inside Bosnia and Herzegovina
by European military and paramilitary forces;
and
(B) the establishment and support of a
forward-based United States rapid response
force outside of Bosnia and Herzegovina that
would be capable of deploying rapidly to defeat
military threats to a European follow-on force
inside Bosnia and Herzegovina and of providing
whatever logistical, intelligence, and air
support is needed to ensure that a European
follow-on force is fully capable of
accomplishing its missions under the Dayton
Accords.
SEC. 1204. SECRETARY OF DEFENSE REPORTS ON OPERATIONS IN BOSNIA AND
HERZEGOVINA.
(a) Report on Effects on Capabilities of United States
Military Forces.--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
Bosnia and Herzegovina and the Balkans region on the
capabilities of United States military forces. The report
shall, in particular, describe the effects of those operations
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 the unified combatant commands.
(b) Additional Reports.--Whenever the number of United
States ground combat forces in Bosnia and Herzegovina increases
or decreases by 20 percent or more compared to the number of
such forces as of the most recent previous report under this
section, the Secretary shall submit an additional report as
specified in subsection (a). Any such additional reportshall be
submitted within 30 days of the date on which the requirement to submit
the report becomes effective under the preceding sentence.
(c) Matters To Be Included.--The Secretary shall include in
each report under this section information with respect to the
effects of military operations in 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 the unified combatant
commands. Such information shall include information on the
effects of those operations on anticipated deployment plans for
major theater wars in Southwest Asia or on the Korean
peninsula, including the following:
(1) 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.
(2) Additional planned reserve component
mobilization, including specific units to be ordered to
active duty and required dates for activation of
presidential call-up authority.
(3) Specific plans and timelines for redeployment
of United States forces from Bosnia and Herzegovina,
the Balkans region, or supporting forces in the region,
to both the first and second major theater war.
(4) Preventative actions or deployments involving
United States forces in 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.
(5) Specific plans and timelines to replace forces
deployed to Bosnia and Herzegovina, the Balkans region,
or the surrounding region to maintain United States
military presence.
(6) 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 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.
SEC. 1205. DEFINITIONS.
As used in this subtitle:
(1) Dayton peace accords.--The term ``Dayton Peace
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.
(2) Stabilization force.--The term ``Stabilization
Force'' means the NATO-led force in Bosnia and
Herzegovina and other countries in the region (referred
to as ``SFOR''), authorized under United Nations
Security Council Resolution 1088 (December 12, 1996).
(3) NATO.--The term ``NATO'' means the North
Atlantic Treaty Organization.
Subtitle B--Matters Relating to Contingency Operations
SEC. 1211. REPORT ON INVOLVEMENT OF ARMED FORCES IN CONTINGENCY AND
ONGOING OPERATIONS.
(a) Report Required.--Not later than January 31, 1999, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the involvement of
the Armed Forces in major contingency operations and major
ongoing operations since the end of the Persian Gulf War. The
report shall include the following:
(1) A discussion of the effects of the involvement
of the Armed Forces in those operations on retention of
personnelin the Armed Forces, shown in the aggregate
and separately for officers and enlisted personnel.
(2) The extent to which the use of combat support
and combat service support personnel and equipment of
the Armed Forces in those operations has resulted in
shortages of Armed Forces personnel and equipment in
other regions of the world.
(3) The accounts from which funds have been drawn
to pay for those operations and the specific programs
for which those funds were available until diverted to
pay for those operations.
(4) For each such operation--
(A) a statement of the vital interests of
the United States that are involved in the
operation or, if none, the interests of the
United States that are involved in the
operation and a characterization of those
interests;
(B) a statement of what clear and distinct
objectives guide the activities of United
States forces in the operation; and
(C) a statement of what the President has
identified on the basis of those objectives as
the date, or the set of conditions, that
defines the end of the operation.
(b) Form of Report.--The report shall be submitted in
unclassified form, but may also be submitted in a classified
form if necessary.
(c) Major Operation Defined.--For the purposes of this
section, a contingency operation or an ongoing operation is a
major contingency operation or a major ongoing operation,
respectively, if the operation involves the deployment of more
than 500 members of the Armed Forces.
SEC. 1212. SUBMISSION OF REPORT ON OBJECTIVES OF A CONTINGENCY
OPERATION WITH REQUESTS FOR FUNDING FOR THE
OPERATION.
(a) Findings.--Congress makes the following findings:
(1) On May 3, 1994, the President issued
Presidential Decision Directive 25 declaring that
American participation in United Nations and other
peace operations would depend in part on whether the
role of United States forces is tied to clear
objectives and an endpoint for United States
participation can be identified.
(2) Between that date and mid-1998, the President
and other executive branch officials have obligated or
requested appropriations of approximately
$9,400,000,000 for military-related operations
throughout Bosnia and Herzegovina without providing to
Congress, in conjunction with the budget submission for
any fiscal year, a strategic plan for such operations
under the criteria set forth in that Presidential
Decision Directive.
(3) Between November 27, 1995, and mid-1998 the
President has established three deadlines, since
elapsed, for the termination of United States military-
related operations throughout Bosnia and Herzegovina.
(4) On December 17, 1997, the President announced
that United States ground combat forces would remain in
Bosnia and Herzegovina for an unknown period of time.
(5) Approximately 47,880 United States military
personnel (excluding personnel serving in units
assigned to the Republic of Korea) have participated in
14 international contingency operations between fiscal
years 1991 and 1998.
(6) The 1998 posture statements of the Navy and Air
Force included declarations that the pace of military
operations over fiscal year 1997 adversely affected the
readiness of non-deployed forces, personnel retention
rates, and spare parts inventories of the Navy and Air
Force.
(b) Information To Be Reported With Funding Requests.--
Section 113 of title 10, United States Code, is amended by
adding after subsection (l), as added by section 915, the
following new subsection:
``(m) Information To Accompany Funding Request for
Contingency Operation.--Whenever the President submits to
Congress a request for appropriations for costs associated with
a contingency operation that involves, or likely will involve,
the deployment of more than 500 members of the armed forces,
the Secretary of Defense shall submit to Congressa report on
the objectives of the operation. The report shall include a discussion
of the following:
``(1) What clear and distinct objectives guide the
activities of United States forces in the operation.
``(2) What the President has identified on the
basis of those objectives as the date, or the set of
conditions, that defines the endpoint of the
operation.''.
Subtitle C--Matters Relating to NATO and Europe
SEC. 1221. LIMITATION ON UNITED STATES SHARE OF COSTS OF NATO
EXPANSION.
(a) Limitation.--The United States share of defined NATO
expansion costs may not exceed the lesser of--
(1) the amount equal to 25 percent of those costs;
or
(2) $2,000,000,000.
(b) Defined NATO Expansion Costs.--For purposes of
subsection (a), the term ``defined NATO expansion costs'' means
the commonly funded costs of the North Atlantic Treaty
Organization (NATO) during fiscal years 1999 through 2011 for
enlargement of NATO due to the admission to NATO of Poland,
Hungary, and the Czech Republic.
SEC. 1222. 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) with the anticipated accession of
Poland, the Czech Republic, and Hungary to the NATO alliance.
The report shall set forth the following:
(1) An assessment of the tactical, operational, and
strategic military requirements, including
interoperability, reinforcement, and force
modernization issues, as well as strategic and
territorial issues, that are raised by the inclusion of
Poland, the Czech Republic, and Hungary in the NATO
alliance.
(2) The minimum military requirements to be
satisfied by those countries before accession to the
NATO alliance in April 1999.
(3) The improvements to common alliance military
assets that are necessary as a result of expanding the
NATO alliance to include those nations.
(4) The improvements to national capabilities of
current NATO members that would be necessitated by the
inclusion of those nations in the alliance.
(5) The necessary improvements to national
capabilities of the military forces of those new member
nations.
(6) Any additional necessary improvements to common
alliance military assets of the military forces of
those new members for which funds are not planned to be
included in the NATO budget.
(7) The additional requirements, related to NATO
expansion, that the United States would agree to assist
each new member nation to meet on a bilateral basis.
(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 Poland, the
Czech Republic, and Hungary.
(2) An assessment of the ability of each such new
member nation to meet the minimum military requirements
upon accession to the NATO alliance in April 1999, and
the ability of that 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
new NATO 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 the current and
new alliance members to deploy and sustain combat
forces in alliance defense missions conducted in the
territory of any of the new 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 new alliance member
nation--
(A) including planned investments in
capabilities pursuant to Article V to ensure
that--
(i) the nation's military force
structure, defense planning, command
structures, and force goals promote
NATO's capacity to project power when
the security of a NATO member is
threatened; and
(ii) NATO members possess national
military capabilities to rapidly deploy
forces over long distances, sustain
operations for extended periods, and
operate jointly with the United States
in high intensity conflicts as well as
potential alliance contingency
operations;
(B) showing both planned national efforts
as well as planned alliance common efforts; and
(C) describing any deficiencies in
investments by current or new alliance member
nations.
(5) A detailed comparison and description of the
differences in scope, methodology, and 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. 1223. REPORTS ON THE DEVELOPMENT OF THE EUROPEAN SECURITY AND
DEFENSE IDENTITY.
(a) Requirement for Reports.--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 in accordance with this section reports on the
development of the European Security and Defense Identity
(ESDI) within the NATO Alliance that would enable the Western
European Union (WEU), with the consent of the NATO Alliance, to
assume the political control and strategic direction of NATO
assets and capabilities made available by the Alliance.
(b) Reports To Be Submitted.--The reports required to be
submitted under subsection (a) are as follows:
(1) An initial report, submitted not later than
December 15, 1998, that contains a discussion of the
actions taken, and the plans for future actions, to
build the European Security and Defense Identity,
together with the matters required under subsection
(c).
(2) A semiannual report on the progress made toward
establishing the European Security and Defense
Identity, submitted not later than June 15 and December
15 of each year after 1998.
(c) Content of Reports.--The Secretary shall include in
each report under this section the following:
(1) A discussion of the arrangements between NATO
and the Western European Union for the release,
transfer, monitoring, return, and recall of NATO assets
and capabilities.
(2) A discussion of the development of such
planning and other capabilities by the Western European
Union that are necessary to provide political control
and strategic direction of NATO assets and
capabilities.
(3) A discussion of the development of terms of
reference for the Deputy Supreme Allied Commander,
Europe, with respect to the European Security and
Defense Identity.
(4) A discussion of the arrangements for the
assignment or appointment of NATO officers to serve in
two positions concurrently (commonly referred to as
``dual-hatting'').
(5) A discussion of the development of the Combined
Joint Task Force (CJTF) concept, including lessons-
learned from the NATO-led Stabilization Force in
Bosnia.
(6) Identification within the NATO Alliance of the
types of separable but not separate capabilities,
assets, and support assets for Western European Union-
led operations.
(7) Identification of separable but not separate
headquarters, headquarters elements, and command
positions for command and conduct of Western European
Union-led operations.
(8) The conduct by NATO, at the request of and in
coordination with the Western European Union, of
military planning and exercises for illustrative
missions.
(9) A discussion of the arrangements between NATO
and the Western European Union for the sharing of
information, including intelligence.
(10) Such other information as the Secretary
considers useful for a complete understanding of the
establishment of the European Security and Defense
Identity within the NATO Alliance.
(d) Termination of Reporting Requirement.--The requirement
to submit reports under subsection (b)(2) terminates upon the
submission by the Secretary under that subsection of a report
in which the Secretary states that the European Security and
Defense Identity has been fully established.
Subtitle D--Other Matters
SEC. 1231. LIMITATION ON ASSIGNMENT OF UNITED STATES FORCES FOR CERTAIN
UNITED NATIONS PURPOSES.
(a) Limitation on Participation in United Nations Rapidly
Deployable Mission Headquarters.--If members of the Armed
Forces are assigned during fiscal year 1999 to the United
Nations Rapidly Deployable Mission Headquarters, the number of
members so assigned may not exceed eight at any time during
that year.
(b) Prohibition.--No funds available to the Department of
Defense may be used--
(1) for a monetary contribution to the United
Nations for the establishment of a standing
international force under the United Nations; or
(2) to assign or detail any member of the Armed
Forces to duty with a United Nations Stand By Force.
SEC. 1232. PROHIBITION ON RESTRICTION OF ARMED FORCES UNDER KYOTO
PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION
ON CLIMATE CHANGE.
(a) In General.--Notwithstanding any other provision of
law, no provision of the Kyoto Protocol to the United Nations
Framework Convention on Climate Change, or any regulation
issued pursuant to such protocol, shall restrict the training
or operations of the United States Armed Forces or limit the
military equipment procured by the United States Armed Forces.
(b) Waiver.--A provision of law may not be construed as
modifying or superseding the provisions of subsection (a)
unless that provision of law--
(1) specifically refers to this section; and
(2) specifically states that such provision of law
modifies or supersedes the provisions of this section.
(c) Matters Not Affected.--Nothing in this section shall be
construed to preclude the Department of Defense from
implementing any measure to achieve efficiencies or for any
other reason independent of the Kyoto Protocol.
SEC. 1233. DEFENSE BURDENSHARING.
(a) Revised Goals for Efforts To Increase Allied
Burdensharing.--Effective October 1, 1998, subsection (a) of
section 1221 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1935; 22 U.S.C.
1928 note) is amended--
(1) in paragraph (2), by striking out ``September
30, 1998'' and inserting in lieu thereof ``September
30, 1999'';
(2) in paragraph (3)--
(A) by striking out ``economic'' and all
that follows through ``rights'' and inserting
in lieu thereof ``governmental accountability
and transparency, economic stabilization and
development, defense economic conversion,
respect for the rule of law and internationally
recognized human rights, and humanitarian
relief efforts)''; and
(B) by striking out ``at least to a level
commensurate to that of the United States by
September 30, 1998'' and inserting in lieu
thereof ``to provide such foreign assistance at
an annual rate that is not less than one
percent of its gross domestic product, by
September 30, 1999''; and
(3) in paragraph (4)--
(A) by striking out ``amount of'';
(B) by striking out ``, or would be
prepared to contribute,'' and inserting in lieu
thereof ``or has pledged to contribute''; and
(C) by inserting before the period at the
end the following: ``by 10 percent by September
30, 1999''.
(b) Revised Requirement for Report on Progress in
Increasing Allied Burdensharing.--Subsection (c) of such
section is amended--
(1) by striking out ``March 1, 1998'' in the matter
preceding paragraph (1) and inserting in lieu thereof
``March 1, 1999''; and
(2) in paragraph (3), by striking out ``March 1,
1996'' and all that follows through the semicolon and
inserting in lieu thereof ``October 1, 1996, and ending
on September 30, 1997, and during the period beginning
on October 1, 1997, and ending on September 30, 1998,
or, in the case of any nation for which the data for
such periods is inadequate, the difference between the
amounts for the latest periods for which adequate data
is available;''.
(c) Extension of Deadline for Report Regarding National
Security Bases for Forward Deployment and Burdensharing
Relationships.--Subsection (d)(2) of such section is amended by
striking out ``March 1, 1998'' and inserting in lieu thereof
``March 1, 1999''.
SEC. 1234. TRANSFER OF EXCESS UH-1 HUEY AND AH-1 COBRA HELICOPTERS TO
FOREIGN COUNTRIES.
(a) In General.--Chapter 153 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2581. Excess UH-1 Huey and AH-1 Cobra helicopters: requirements
for transfer to foreign countries
``(a) Requirements.--(1) Before an excess UH-1 Huey
helicopter or AH-1 Cobra helicopter is transferred on a grant
or sales basis to a foreign country for the purpose of flight
operations by that country, the Secretary of Defense shall make
all reasonable efforts to ensure that the helicopter receives,
to the extent necessary, maintenance and repair equivalent to
the depot-level maintenance and repair (as defined in section
2460 of this title) that the helicopter would need were the
helicopter to remain in operational use with the armed forces.
Any such maintenance and repair work shall be performed at no
cost to the Department of Defense.
``(2) The Secretary shall make all reasonable efforts to
ensure that maintenance and repair work described in paragraph
(1) is performed in the United States.
``(b) Exception.--Subsection (a) does not apply with
respect to salvage helicopters provided to the foreign country
solely as a source for spare parts.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2581. Excess UH-1 Huey and AH-1 Cobra helicopters: requirements for
transfer to foreign countries.''.
SEC. 1235. TRANSFERS OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Transfers by Grant.--The Secretary of the Navy is
authorized to transfer vessels to foreign countries on a grant
basis under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j) as follows:
(1) To the Government of Argentina, the NEWPORT
class tank landing ship NEWPORT (LST 1179).
(2) To the Government of Greece--
(A) the KNOX class frigate HEPBURN (FF
1055); and
(B) the ADAMS class guided missile
destroyers STRAUSS (DDG 16), SEMMS (DDG 18),
and WADDELL (DDG 24).
(3) To the Government of Portugal, the STALWART
class ocean surveillance ship ASSURANCE (T-AGOS 5).
(4) To the Government of Turkey, the KNOX class
frigates PAUL (FF 1080), MILLER (FF 1091), and W.S.
SIMMS (FF 1059).
(b) Transfers by Sale.--The Secretary of the Navy is
authorized to transfer vessels to foreign countries on a sales
basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761) as follows:
(1) To the Government of Brazil, the NEWPORT class
tank landing ships CAYUGA (LST 1186) and PEORIA (LST
1183).
(2) To the Government of Chile--
(A) the NEWPORT class tank landing ship SAN
BERNARDINO (LST 1189); and
(B) the auxiliary repair dry dock WATERFORD
(ARD 5).
(3) To the Government of Greece--
(A) the OAK RIDGE class medium dry dock
ALAMAGORDO (ARDM 2); and
(B) the KNOX class frigates VREELAND (FF
1068) and TRIPPE (FF 1075).
(4) To the Government of Mexico--
(A) the auxiliary repair dock SAN ONOFRE
(ARD 30); and
(B) the KNOX class frigate PHARRIS (FF
1094).
(5) To the Government of the Philippines, the
STALWART class ocean surveillance ship TRIUMPH (T-AGOS
4).
(6) To the Government of Spain, the NEWPORT class
tank landing ships HARLAN COUNTY (LST 1196) and
BARNSTABLE COUNTY (LST 1197).
(7) To the Taipai Economic and Cultural
Representative Office in the United States (the Taiwan
instrumentality that is designated pursuant to section
10(a) of the Taiwan Relations Act)--
(A) the KNOX class frigates PEARY (FF
1073), JOSEPH HEWES (FF 1078), COOK (FF 1083),
BREWTON (FF 1086), KIRK (FF 1987), and BARBEY
(FF 1088);
(B) the NEWPORT class tank landing ships
MANITOWOC (LST 1180) and SUMTER (LST 1181);
(C) the floating dry dock COMPETENT (AFDM
6); and
(D) the ANCHORAGE class dock landing ship
PENSACOLA (LSD 38).
(8) To the Government of Turkey--
(A) the OLIVER HAZARD PERRY class guided
missile frigates MAHLON S. TISDALE (FFG 27),
REID (FFG 30), and DUNCAN (FFG 10); and
(B) the KNOX class frigates REASONER (FF
1063), FANNING (FF 1076), BOWEN (FF 1079),
MCCANDLESS (FF 1084), DONALD BEARY (FF1085),
AINSWORTH (FF 1090), THOMAS C. HART (FF 1092), and CAPODANNO (FF 1093).
(9) To the Government of Venezuela, the medium
auxiliary floating dry dock bearing hull number AFDM 2.
(c) Transfers on a Combined Lease-Sale Basis.--The
Secretary of the Navy is authorized to transfer vessels to
foreign countries on a combined lease-sale basis under sections
61 and 21 of the Arms Export Control Act (22 U.S.C. 2796, 2761)
and in accordance with subsection (d) as follows:
(1) To the Government of Brazil, the CIMARRON class
oiler MERRIMACK (AO 179).
(2) To the Government of Greece, the KIDD class
guided missile destroyers KIDD (DDG 993), CALLAGHAN
(DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 996).
(d) Conditions Relating To Combined Lease-Sale Transfers.--
A transfer of a vessel on a combined lease-sale basis
authorized by subsection (c) shall be made in accordance with
the following requirements:
(1) The Secretary may initially transfer the vessel
by lease, with lease payments suspended for the term of
the lease, if the country entering into the lease for
the vessel simultaneously enters into a foreign
military sales agreement for the transfer of title to
the vessel.
(2) The Secretary may not deliver to the purchasing
country title to the vessel until the purchase price of
the vessel under such a foreign military sales
agreement is paid in full.
(3) Upon payment of the purchase price in full
under such a sales agreement and delivery of title to
the recipient country, the Secretary shall terminate
the lease.
(4) If the purchasing country fails to make full
payment of the purchase price in accordance with the
sales agreement by the date required under the sales
agreement--
(A) the sales agreement shall be
immediately terminated;
(B) the suspension of lease payments under
the lease shall be vacated; and
(C) the United States shall be entitled to
retain all funds received on or before the date
of the termination under the sales agreement,
up to the amount of the lease payments due and
payable under the lease and all other costs
required by the lease to be paid to that date.
(5) If a sales agreement is terminated pursuant to
paragraph (4), the United States shall not be required
to pay any interest to the recipient country on any
amount paid to the United States by the recipient
country under the sales agreement and not retained by
the United States under the lease.
(e) Requirement for Provision in Advance in an
Appropriations Act.--Authority to transfer vessels on a sale
basis under subsection (b) or a combined lease-sale basis under
subsection (c) is effective only to the extent that authority
to effectuate such transfers, together with appropriations to
cover the associated cost (as defined in section 502 of the
Congressional Budget of 1974 (2 U.S.C. 661a)), are provided in
advance in an appropriations Act.
(f) Authorization of Appropriations for Certain Costs of
Transfers.--There is established in the Treasury of the United
States a special account to be known as the Defense Vessels
Transfer Program Account. There is hereby authorized to be
appropriated into that account such sums as may be necessary
for the costs (as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers
authorized by subsection (c). Funds in that account are
available only for the purpose of covering those costs.
(g) Notification of Congress.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of the
Navy shall submit to Congress, for each naval vessel that is to
be transferred under this section before January 1, 1999, the
notifications required under section 516 of the Foreign
AssistanceAct of 1961 (22 U.S.C. 2321j) and section 525 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2413).
(h) Grants not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred to
another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
authority provided by subsection (a) shall not be counted for
the purposes of subsection (g) of that section in the aggregate
value of excess defense articles transferred to countries under
that section in any fiscal year.
(i) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this section
shall be charged to the recipient (notwithstanding section
516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(e)(1)) in the case of a transfer authorized to be made on
a grant basis under subsection (a)).
(j) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the Secretary of the Navy
shall require, as a condition of the transfer of a vessel under
this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel as
is needed, before the vessel joins the naval forces of that
country, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(k) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
SEC. 1236. REPEAL OF LANDMINE MORATORIUM.
Section 580 of the Foreign Operations Appropriations Act,
1996 (Public Law 104-107; 110 Sat 751), is repealed.
SEC. 1237. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY
COMPANIES.
(a) Presidential Authority.--
(1) In general.--The President may exercise IEEPA
authorities (other than authorities relating to
importation) without regard to section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) in the case of any commercial activity in the
United States by a person that is on the list published
under subsection (b).
(2) Penalties.--The penalties set forth in section
206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) apply to violations of any license,
order, or regulation issued under paragraph (1).
(3) Ieepa authorities.--For purposes of paragraph
(1), the term ``IEEPA authorities'' means the
authorities set forth in section 203(a) of the
International Emergency Economic Powers Act (50 U.S.C.
1702(a)).
(b) Determination and Publication of Communist Chinese
Military Companies Operating in United States.--
(1) Initial determination and publication.--Not
later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall make a
determination of those persons operating directly or
indirectly in the United States or any of its
territories and possessions that are Communist Chinese
military companies and shall publish a list of those
persons in the Federal Register.
(2) Revisions to list.--The Secretary of Defense
shall make additions or deletions to the list published
under paragraph (1) on an ongoing basis based on the
latest information available.
(3) Consultation.--The Secretary of Defense shall
consult with the following officers in carrying out
paragraphs (1) and (2):
(A) The Attorney General.
(B) The Director of Central Intelligence.
(C) The Director of the Federal Bureau of
Investigation.
(4) Communist chinese military company.--For
purposes of making the determination required by
paragraph (1) and of carrying out paragraph (2), the
term ``Communist Chinese military company'' means--
(A) any person identified in the Defense
Intelligence Agency publication numbered VP-
1920-271-90, dated September 1990, or PC-1921-
57-95, dated October 1995, and any update of
those publications for the purposes of this
section; and
(B) any other person that--
(i) is owned or controlled by the
People's Liberation Army; and
(ii) is engaged in providing
commercial services, manufacturing,
producing, or exporting.
(c) People's Liberation Army.--For purposes of this
section, the term ``People's Liberation Army'' means the land,
naval, and air military services, the police, and the
intelligence services of the Communist Government of the
People's Republic of China, and any member of any such service
or of such police.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE 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
activities in Russia.
Sec. 1305. Limitation on use of funds for biological weapons
proliferation prevention activities in Russia.
Sec. 1306. Cooperative counter proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by project
category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet weapons
of mass destruction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--(1) For purposes of
section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note) (as amended by paragraph (2)).
(2) Section 1501(b)(3) of such Act is amended by inserting
``materials,'' after ``components,''.
(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.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the amounts
authorized to be appropriated to the Department of Defense for
fiscal year 1999 in section 301(23), $440,400,000 shall
beavailable to carry out Cooperative Threat Reduction programs, of
which not more than the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination in
Russia, $142,400,000.
(2) 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, $88,400,000.
(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 $8,000,000.
(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.
(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
ACTIVITIES IN RUSSIA.
(a) Limitation.--Subject to the limitation in section
1405(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1961), no funds
authorized to be appropriated for Cooperative Threat
Reductionprograms under this Act or any other Act may be obligated or
expended for chemical weapons destruction activities in Russia
(including activities for the planning, design, or construction of a
chemical weapons destruction facility or for the dismantlement of an
existing chemical weapons production facility) until the President
submits to Congress a written certification described in subsection
(b).
(b) Presidential Certification.--A certification under this
subsection is either of the following certifications by the
President:
(1) A certification that--
(A) Russia is making reasonable progress
toward the implementation of the Bilateral
Destruction Agreement;
(B) the United States and Russia have made
substantial progress toward the resolution, to
the satisfaction of the United States, of
outstanding compliance issues under the Wyoming
Memorandum of Understanding and the Bilateral
Destruction Agreement; and
(C) Russia has fully and accurately
declared all information regarding its unitary
and binary chemical weapons, chemical weapons
facilities, and other facilities associated
with chemical weapons.
(2) A certification that the national security
interests of the United States could be undermined by a
policy of the United States not to carry out chemical
weapons destruction activities under Cooperative Threat
Reduction programs for which funds are authorized to be
appropriated under this Act or any other Act for fiscal
year 1999.
(b) Definitions.--In this section:
(1) The term ``Bilateral Destruction Agreement''
means the Agreement Between the United States of
America and the Union of Soviet Socialist Republics on
Destruction and Non-production of Chemical Weapons and
on Measures to Facilitate the Multilateral Convention
on Banning Chemical Weapons signed on June 1, 1990.
(2) The term ``Wyoming Memorandum of
Understanding'' means the Memorandum of Understanding
Between the Government of the United States of America
and the Government of the Union of Soviet Socialist
Republics Regarding a Bilateral Verification Experiment
and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September
23, 1989.
SEC. 1305. 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 on
which the Secretary submits to the congressional defense
committees a report on--
(1) whether Cooperative Threat Reduction funds
provided for cooperative research activities at
biological research institutes in Russia have been
used--
(A) to support activities to develop new
strains of anthrax; or
(B) for any purpose inconsistent with the
objectives of providing such funds; and
(2) the new strains of anthrax alleged to have been
developed at a biological research institute in Russia
and any efforts by the United States to examine such
strains.
SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM.
(a) In General.--Of the amount authorized to be
appropriated in section 1302 (other than the amounts authorized
to be appropriated in subsections (a)(1) and (a)(2) of that
section) and subject to the limitations in that section and
subsection (b), the Secretary of Defense may provide a country
of the former Soviet Union with emergency assistance for
removing or obtaining from that country--
(1) weapons of mass destruction; or
(2) materials, equipment, or technology related to
the development or delivery of weapons of mass
destruction.
(b) Certification Required.--(1) The Secretary may not
provide assistance under subsection (a) until 15 days after the
date that the Secretary submits to the congressional defense
committees a certification in writing that the weapons,
materials, equipment, or technology described in that
subsection meet each of the following requirements:
(A) The weapons, materials, equipment, or
technology are at risk of being sold or otherwise
transferred to a restricted foreign state or entity.
(B) The transfer of the weapons, materials,
equipment, or technology would pose a significant near-
term threat to the national security interests of the
United States or would significantly advance a foreign
country's weapon program that threatens the national
security interests of the United States.
(C) Other options for securing or otherwise
preventing the transfer of the weapons, materials,
equipment, or technology have been considered and
rejected as ineffective or inadequate.
(2) The 15-day notice requirement in paragraph (1) may be
waived if the Secretary determines that compliance with the
requirement would compromise the national security interests of
the United States. In such case, the Secretary shall promptly
notify the congressional defense committees of the
circumstances regarding such determination in advance of
providing assistance under subsection (a) and shall submit the
certification required not later than 30 days after providing
such assistance.
(c) Content of Certifications.--Each certification required
under subsection (b) shall contain information on the following
with respect to the assistance being provided:
(1) The specific assistance provided and the
purposes for which the assistance is being provided.
(2) The sources of funds for the assistance.
(3) Whether any assistance is being provided by any
other Federal department or agency.
(4) The options considered and rejected for preventing the
transfer of the weapons, materials, equipment, or technology,
as described in subsection (b)(1)(C).
(5) Whether funding was requested by the Secretary from
other Federal departments or agencies.
(6) Any additional information that the Secretary
determines is relevant to the assistance being provided.
(d) Additional Sources of Funding.--The Secretary may
request assistance and accept funds from other Federal
departments or agencies in carrying out this section.
(e) Definitions.--In this section:
(1) The term ``restricted foreign state or
entity'', with respect to weapons, materials,
equipment, or technology covered by a certification or
notification of the Secretary of Defense under
subsection (b), means--
(A) any foreign country the government of
which has repeatedly provided support for acts
of international terrorism, as determined by
the Secretary of State under section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C.
2371); or
(B) any foreign state or entity that the
Secretary of Defense determines would
constitute a military threat to the United
States, its allies, or interests, if that
foreign state or entity were to possess the
weapons, materials, equipment, or technology.
(2) The term ``weapon of mass destruction'' has the
meaning given that term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996
(title XIV of Public Law 104-201; 50 U.S.C. 2302(1)).
SEC. 1307. REQUIREMENT TO SUBMIT SUMMARY OF AMOUNTS REQUESTED BY
PROJECT CATEGORY.
(a) Summary Required.--The Secretary of Defense shall
submit to Congress as part of the Secretary's annual budget
request to Congress--
(1) a descriptive summary, with respect to the
appropriations requested for Cooperative Threat
Reduction programsfor the fiscal year after the fiscal
year in which the summary is submitted, of the amounts requested for
each project category under each Cooperative Threat Reduction program
element; and
(2) a descriptive summary, with respect to
appropriations for Cooperative Threat Reduction
programs for the fiscal year in which the list is
submitted and the previous fiscal year, of the amounts
obligated or expended, or planned to be obligated or
expended, for each project category under each
Cooperative Threat Reduction program element.
(b) Description of Purpose and Intent.--The descriptive
summary required under subsection (a) shall include a narrative
description of each program and project category under each
Cooperative Threat Reduction program element that explains the
purpose and intent of the funds requested.
SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.
(a) Report.--Not later than March 1, 1999, 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. REPORT ON INDIVIDUALS WITH EXPERTISE IN FORMER SOVIET
WEAPONS OF MASS DESTRUCTION PROGRAMS.
Not later than January 31, 1999, the Secretary of Defense,
in consultation with the Secretary of State, the Secretary of
Energy, and any other appropriate officials, shall submit to
the congressional defense committees a report on the number of
individuals in the former Soviet Union who have significant
expertise in the research, development, production, testing,
and operational employment of ballistic missiles and weapons of
mass destruction. The report shall contain the following:
(1) A listing of the specific expertise of the
individuals, by category and discipline.
(2) An assessment of which categories of expertise
would pose the greatest risks to the security of the
United States if that expertise were transferred to
potentially hostile states.
(3) An estimate, by category, of the number of the
individuals in paragraph (1) who are fully or partly
employed at the time the report is submitted by the
military-industrial complex of the former Soviet Union,
the number of such individuals who are fully employed
at the time the report is submitted by commercial
ventures outside the military-industrial complex of the
former Soviet Union, and the number of such individuals
who are unemployed and underemployed at the time the
report is submitted.
(4) An identification of the nature, scope, and
cost of activities conducted by the United States and
other countries to assist in the employment in
nonproliferation and nonmilitary-related endeavors and
enterprises of individuals involved in the weapons
complex of the former Soviet Union, and which
categories of individuals are being targeted in these
efforts.
(5) An assessment of whether the activities
identified under paragraph (4) should be reduced,
maintained, or expanded.
TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of terrorist
use of weapons of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response capabilities for
terrorism involving weapons of mass destruction.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1998''.
SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST
USE OF WEAPONS OF MASS DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
continuing potential for terrorist use of weapons of mass
destruction against the United States and the need to develop a
more fully coordinated response to that threat on the part of
Federal, State, and local agencies, the President shall act to
increase the effectiveness at the Federal, State, and local
level of the domestic emergency preparedness program for
response to terrorist incidents involving weapons of mass
destruction by utilizing the President's existing authorities
to develop an integrated program that builds upon the program
established under the Defense Against Weapons of Mass
Destruction Act of 1996 (title XIV of Public Law 104-201; 110
Stat. 2714; 50 U.S.C. 2301 et seq.).
(b) Report.--Not later than January 31, 1999, the President
shall submit to Congress a report containing information on the
actions taken at the Federal, State, and local level to develop
an integrated program to prevent and respond to terrorist
incidents involving weapons of mass destruction.
SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS.
Section 1051 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1889; 31U.S.C.
1113 note) is amended by adding at the end the following new
subsection:
``(c) Annex on Domestic Emergency Preparedness Program.--As
part of the annual report submitted to Congress under
subsection (b), the President shall include an annex which
provides the following information on the domestic emergency
preparedness program for response to terrorist incidents
involving weapons of mass destruction (as established under
section 1402 of the Defense Against Weapons of Mass Destruction
Act of 1998):
``(1) Information on program responsibilities for
each participating Federal department, agency, and
bureau.
``(2) A summary of program activities performed
during the preceding fiscal year for each participating
Federal department, agency, and bureau.
``(3) A summary of program obligations and
expenditures during the preceding fiscal year for each
participating Federal department, agency, and bureau.
``(4) A summary of the program plan and budget for
the current fiscal year for each participating Federal
department, agency, and bureau.
``(5) The program budget request for the following
fiscal year for each participating Federal department,
agency, and bureau.
``(6) Recommendations for improving Federal, State,
and local domestic emergency preparedness to respond to
incidents involving weapons of mass destruction that
have been made by the advisory panel to assess the
capabilities of domestic response to terrorism
involving weapons of mass destruction (as established
under section 1405 of the Defense Against Weapons of
Mass Destruction Act of 1998), and actions taken as a
result of such recommendations.
``(7) Additional program measures and legislative
authority for which congressional action may be
required.''.
SEC. 1404. THREAT AND RISK ASSESSMENTS.
(a) Requirement To Develop Methodologies.-- The Attorney
General, in consultation with the Director of the Federal
Bureau of Investigation and representatives of appropriate
Federal, State, and local agencies, shall develop and test
methodologies for assessing the threat and risk of terrorist
employment of weapons of mass destruction against cities and
other local areas. The results of the tests may be used to
determine the training and equipment requirements under the
program developed under section 1402. The methodologies
required by this subsection shall be developed using cities or
local areas selected by the Attorney General, acting in
consultation with the Director of the Federal Bureau of
Investigation and appropriate representatives of Federal,
State, and local agencies.
(b) Required Completion Date.--The requirements in
subsection (a) shall be completed not later than one year after
the date of the enactment of this Act.
SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Requirement for Panel.--The Secretary of Defense, in
consultation with the Attorney General, the Secretary of
Energy, the Secretary of Health and Human Services, and the
Director of the Federal Emergency Management Agency, shall
enter into a contract with a federally funded research and
development center to establish a panel to assess the
capabilities for domestic response to terrorism involving
weapons of mass destruction.
(b) Composition of Panel; Selection.--(1) The panel shall
be composed of members who shall be private citizens of the
United States with knowledge and expertise in emergency
response matters.
(2) Members of the panel shall be selected by the federally
funded research and development center in accordance with the
terms of the contract established pursuant to subsection (a).
(c) Procedures For Panel.--The federally funded research
and development center shall be responsible for
establishingappropriate procedures for the panel, including procedures
for selection of a panel chairman.
(d) Duties of Panel.-- The panel shall--
(1) assess Federal agency efforts to enhance
domestic preparedness for incidents involving weapons
of mass destruction;
(2) assess the progress of Federal training
programs for local emergency responses to incidents
involving weapons of mass destruction;
(3) assess deficiencies in programs for response to
incidents involving weapons of mass destruction,
including a review of unfunded communications,
equipment, and planning requirements, and the needs of
maritime regions;
(4) recommend strategies for ensuring effective
coordination with respect to Federal agency weapons of
mass destruction response efforts, and for ensuring
fully effective local response capabilities for weapons
of mass destruction incidents; and
(5) assess the appropriate roles of State and local
government in funding effective local response
capabilities.
(e) Deadline to Enter Into Contract.--The Secretary of
Defense shall enter into the contract required under subsection
(a) not later than 60 days after the date of the enactment of
this Act.
(f) Deadline for Selection of Panel Members.--Selection of
panel members shall be made not later than 30 days after the
date on which the Secretary enters into the contract required
by subsection (a).
(g) Initial Meeting of the Panel.-- The panel shall conduct
its first meeting not later than 30 days after the date that
all the selections to the panel have been made.
(h) Reports.--(1) Not later than 6 months after the date of
the first meeting of the panel, the panel shall submit to the
President and to Congress an initial report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
(2) Not later than December 15 of each year, beginning in
1999 and ending in 2001, the panel shall submit to the
President and to the Congress a report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
(i) Cooperation of Other Agencies.--(1) The panel may
secure directly from the Department of Defense, the Department
of Energy, the Department of Health and Human Services, the
Department of Justice, and the Federal Emergency Management
Agency, or any other Federal department or agency information
that the panel considers necessary for the panel to carry out
its duties.
(2) The Attorney General, the Secretary of Defense, the
Secretary of Energy, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, and any other official of the United States shall
provide the panel with full and timely cooperation in carrying
out its duties under this section.
(j) Funding.--The Secretary of Defense shall provide the
funds necessary for the panel to carry out its duties from the
funds available to the Department of Defense for weapons of
mass destruction preparedness initiatives.
(k) Compensation of Panel Members.--(1) Members of the
panel shall serve without pay by reason of their work on the
panel.
(2) Members of the panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter 57 of title 5,
United States Code, while away from their homes or regular
place of business in performance of services for the panel.
(l) Termination of the Panel.--The panel shall terminate
three years after the date of the appointment of the member
selected as chairman of the panel.
(m) Definition.--In this section, the term ``weapon of mass
destruction'' has the meaning given that term in section
1403(1) of the Defense Against Weapons of Mass Destruction Act
of 1996 (50 U.S.C. 2302(1)).
TITLE XV--MATTERS RELATING TO ARMS CONTROL, EXPORT CONTROLS, AND COUNTER
PROLIFERATION
Subtitle A--Arms Control Matters
Sec. 1501. One-year extension of limitation on retirement or
dismantlement of strategic nuclear delivery systems.
Sec. 1502. Transmission of executive branch reports providing Congress
with classified summaries of arms control developments.
Sec. 1503. Report on adequacy of emergency communications capabilities
between United States and Russia.
Sec. 1504. Russian nonstrategic nuclear weapons.
Subtitle B--Satellite Export Controls
Sec. 1511. Sense of Congress.
Sec. 1512. Certification of exports of missile equipment or technology
to China.
Sec. 1513. Satellite controls under the United States Munitions List.
Sec. 1514. National security controls on satellite export licensing.
Sec. 1515. Report on export of satellites for launch by People's
Republic of China.
Sec. 1516. Related items defined.
Subtitle C--Other Export Control Matters
Sec. 1521. Authority for export control activities of the Department of
Defense.
Sec. 1522. Release of export information by Department of Commerce to
other agencies for purpose of national security assessment.
Sec. 1523. Nuclear export reporting requirement.
Sec. 1524. Execution of objection authority within the Department of
Defense.
Subtitle D--Counterproliferation Matters
Sec. 1531. One-year extension of counterproliferation authorities for
support of United Nations Special Commission on Iraq.
Sec. 1532. Sense of Congress on nuclear tests in South Asia.
Sec. 1533. Report on requirements for response to increased missile
threat in Asia-Pacific region.
Subtitle A--Arms Control Matters
SEC. 1501. ONE-YEAR EXTENSION OF LIMITATION ON RETIREMENT OR
DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
Section 1302 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948) is
amended--
(1) in subsections (a), (b), and (c)(2), by
striking out ``during fiscal year 1998'' and inserting
in lieu thereof ``during the strategic delivery systems
retirement limitation period'' ;
(2) in subsection (c)(1), by striking out ``during
fiscal year 1998'';
(3) in subsection (d)(1)--
(A) by striking out ``for fiscal year
1998''; and
(B) by striking out ``during fiscal year
1998''; and
(4) by adding at the end the following new
subsection:
``(g) Strategic Delivery Systems Retirement Limitation
Period.--For purposes of this section, the term ``strategic
delivery systems retirement limitation period'' means the
period of fiscal years 1998 and 1999.''.
SEC. 1502. TRANSMISSION OF EXECUTIVE BRANCH REPORTS PROVIDING CONGRESS
WITH CLASSIFIED SUMMARIES OF ARMS CONTROL
DEVELOPMENTS.
(a) Reporting Requirement.--The Director of the Arms
Control and Disarmament Agency (or the Secretary of State, if
the Arms Control and Disarmament Agency becomes an element of
the Department of State) shall transmit to the Committee on
National Security of the House of Representatives on a periodic
basis reports containing classified summaries of arms control
developments.
(b) Contents of Reports.--The reports required by
subsection (a) shall include information reflecting the
activities of forums established to consider issues relating to
treaty implementation and treaty compliance.
SEC. 1503. REPORT ON ADEQUACY OF EMERGENCY COMMUNICATIONS CAPABILITIES
BETWEEN UNITED STATES AND RUSSIA.
Not later than three months after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the status and adequacy of current direct communications
capabilities between the governments of the United States and
Russia. The report shall identify each existing direct
communications link between those governments and each such
linkthat is designed to be used, or is available to be used, in
an emergency situation. The Secretary shall describe in the report any
shortcomings with the existing communications capabilities and shall
include such proposals as the Secretary considers appropriate to
improve those capabilities. In considering improvements to propose, the
Secretary shall assess the feasibility and desirability of establishing
a direct communications link between the commanders of appropriate
United States unified and specified commands, including the United
States Space Command and the United States Strategic Command, and their
Russian counterparts.
SEC. 1504. RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.
(a) Findings.--The Congress makes the following findings:
(1) The 7,000 to 12,000 or more nonstrategic (or
``tactical'') nuclear weapons estimated by the United
States Strategic Command to be in the Russian arsenal
may present the greatest threat of sale or theft of a
nuclear warhead in the world today.
(2) As the number of deployed strategic warheads in
the Russian and United States arsenals declines to just
a few thousand under the START accords, Russia's vast
superiority in tactical nuclear warheads--many of which
have yields equivalent to strategic nuclear weapons--
could become strategically destabilizing.
(3) While the United States has unilaterally
reduced its inventory of tactical nuclear weapons by
nearly 90 percent since the end of the Cold War, Russia
is behind schedule in implementing the steep tactical
nuclear arms reductions pledged by former Soviet
President Gorbachev in 1991 and Russian President
Yeltsin in 1992, perpetuating the dangers from Russia's
tactical nuclear stockpile.
(b) Sense of Congress.--It is the sense of Congress that
the President should call on Russia to expedite reduction of
its tactical nuclear arsenal in accordance with the promises
made in 1991 and 1992.
(c) Report.--Not later than March 15, 1999, the Secretary
of Defense shall submit to Congress a report on the
nonstrategic nuclear weapons of Russia. The report shall
include--
(1) estimates regarding the current numbers, types,
yields, viability, and locations of those weapons;
(2) an assessment of the strategic implications of
Russia's nonstrategic arsenal, including the potential
use of those weapons in a strategic role or the use of
their components in strategic nuclear systems and the
potential of Russian superiority in tactical nuclear
weapons to destabilize the overall nuclear balance as
strategic nuclear weapons are sharply reduced under the
START accords;
(3) an assessment of the extent of the current
threat of theft, sale, or unauthorized use of the
warheads of those weapons, including an analysis of
Russian command and control as it concerns the use of
tactical nuclear weapons;
(4) a summary of past, current, and planned efforts
to work cooperatively with Russia to account for,
secure, and reduce Russia's stockpile of tactical
nuclear weapons and associated fissile material;
(5) a summary of how the United States would
prevent, or plans to cope militarily with, scenarios in
which a deterioration in relations with Moscow causes
Russia to redeploy tactical nuclear weapons or in which
Russia threatens to employ, or actually employs,
tactical nuclear weapons in a local or regional
conflict involving the United States or allies of the
United States; and
(6) an assessment of the steps that could be taken
by the United States to enhance military preparedness
in order (A) to deter any potential attempt by Russia
to possibly exploit its advantage in tactical nuclear
weapons through coercive ``nuclear diplomacy'' or on
the battlefield, or (B) to counter Russia if Russia
should make such an attempt to exploit its advantage in
tactical nuclear weapons.
(d) Views.--The Secretary of Defense shall include in the
report under subsection (c) the views of the Director of
CentralIntelligence and of the commander of the United States
Strategic Command.
Subtitle B--Satellite Export Controls
SEC. 1511. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States business interests must not be
placed above United States national security interests;
(2) United States foreign policy and the policies
of the United States regarding commercial relations
with other countries should affirm the importance of
observing and adhering to the Missile Technology
Control Regime (MTCR);
(3) the United States should encourage universal
observance of the Guidelines to the Missile Technology
Control Regime;
(4) the exportation or transfer of advanced
communication satellites and related technologies from
United States sources to foreign recipients should not
increase the risks to the national security of the
United States;
(5) due to the military sensitivity of the
technologies involved, it is in the national security
interests of the United States that United States
satellites and related items be subject to the same
export controls that apply under United States law and
practices to munitions;
(6) the United States should not issue any blanket
waiver of the suspensions contained in section 902 of
the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 (Public Law 101-246), regarding the
export of satellites of United States origin intended
for launch from a launch vehicle owned by the People's
Republic of China;
(7) the United States should pursue policies that
protect and enhance the United States space launch
industry; and
(8) the United States should not export to the
People's Republic of China missile equipment or
technology that would improve the missile or space
launch capabilities of the People's Republic of China.
SEC. 1512. CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR TECHNOLOGY
TO CHINA.
The President shall certify to the Congress at least 15
days in advance of any export to the People's Republic of China
of missile equipment or technology (as defined in section 74 of
the Arms Export Control Act (22 U.S.C. 2797c)) that--
(1) such export is not detrimental to the United
States space launch industry; and
(2) the missile equipment or technology, including
any indirect technical benefit that could be derived
from such export, will not measurably improve the
missile or space launch capabilities of the People's
Republic of China.
SEC. 1513. SATELLITE CONTROLS UNDER THE UNITED STATES MUNITIONS LIST.
(a) Control of Satellites on the United States Munitions
List.--Notwithstanding any other provision of law, all
satellites and related items that are on the Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. Part 730 et seq.) on the date of the enactment of
this Act shall be transferred to the United States Munitions
List and controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
(b) Defense Trade Controls Registration Fees.--Section 45
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2717) is amended--
(1) in subsection (a)--
(A) by striking out ``$700,000'' and
inserting in lieu thereof ``100 percent''; and
(B) by striking out ``(a) Defense Trade
Controls Registration Fees.--''; and
(2) by striking out subsection (b).
(c) Effective Date.--(1) Subsection (a) shall take effect
on March 15, 1999, and shall not apply to any export license
issued before such effective date or to any export
licenseapplication made under the Export Administration Regulations
before such effective date.
(2) The amendments made by subsection (b) shall be
effective as of October 1, 1998.
(d) Report.--Not later than January 1, 1999, the Secretary
of State, in consultation with the Secretary of Defense and the
Secretary of Commerce, shall submit to Congress a report
containing--
(1) a detailed description of the plans of the
Department of State to implement the requirements of
this section, including any organizational changes that
are required and any Executive orders or regulations
that may be required;
(2) an identification and explanation of any steps
that should be taken to improve the license review
process for exports of the satellites and related items
described in subsection (a), including measures to
shorten the timelines for license application reviews,
and any measures relating to the transparency of the
license review process and dispute resolution
procedures;
(3) an evaluation of the adequacy of resources
available to the Department of State, including fiscal
and personnel resources, to carry out the additional
activities required by this section; and
(4) any recommendations for additional actions,
including possible legislation, to improve the export
licensing process under the Arms Export Control Act for
the satellites and related items described in
subsection (a).
SEC. 1514. NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING.
(a) Actions by the President.--Notwithstanding any other
provision of law, the President shall take such actions as are
necessary to implement the following requirements for improving
national security controls in the export licensing of
satellites and related items:
(1) Mandatory technology control plans.--All export
licenses shall require a technology transfer control
plan approved by the Secretary of Defense and an
encryption technology transfer control plan approved by
the Director of the National Security Agency.
(2) Mandatory monitors and reimbursement.--
(A) Monitoring of Proposed Foreign Launch
of Satellites.--In any case in which a license
is approved for the export of a satellite or
related items for launch in a foreign country,
the Secretary of Defense shall monitor all
aspects of the launch in order to ensure that
no unauthorized transfer of technology occurs,
including technical assistance and technical
data. The costs of such monitoring services
shall be fully reimbursed to the Department of
Defense by the person or entity receiving such
services. All reimbursements received under
this subparagraph shall be credited to current
appropriations available for the payment of the
costs incurred in providing such services.
(B) Contents of monitoring.--The monitoring
under subparagraph (A) shall cover, but not be
limited to--
(i) technical discussions and
activities, including the design,
development, operation, maintenance,
modification, and repair of satellites,
satellite components, missiles, other
equipment, launch facilities, and
launch vehicles;
(ii) satellite processing and
launch activities, including launch
preparation, satellite transportation,
integration of the satellite with the
launch vehicle, testing and checkout
prior to launch, satellite launch, and
return of equipment to the United
States;
(iii) activities relating to launch
failure, delay, or cancellation,
including post-launch failure
investigations; and
(iv) all other aspects of the
launch.
(3) Mandatory licenses for crash-investigations.--
In the event of the failure of a launch from a foreign
country of a satellite of United States origin--
(A) the activities of United States persons
or entities in connection with any subsequent
investigation of the failure are subject to the
controls established under section 38 of the
Arms Export Control Act, including requirements
for licenses issued by the Secretary of State
for participation in that investigation;
(B) officials of the Department of Defense
shall monitor all activities associated with
the investigation to insure against
unauthorized transfer of technical data or
services; and
(C) the Secretary of Defense shall
establish and implement a technology transfer
control plan for the conduct of the
investigation to prevent the transfer of
information that could be used by the foreign
country to improve its missile or space launch
capabilities.
(4) Mandatory notification and certification.--All
technology transfer control plans for satellites or
related items shall require any United States person or
entity involved in the export of a satellite of United
States origin or related items to notify the Department
of Defense in advance of all meetings and interactions
with any foreign person or entity providing launch
services and require the United States person or entity
to certify after the launch that it has complied with
this notification requirement.
(5) Mandatory intelligence community review.--The
Secretary of Commerce and the Secretary of State shall
provide to the Secretary of Defense and the Director of
Central Intelligence copies of all export license
applications and technical assistance agreements
submitted for approval in connection with launches in
foreign countries of satellites to verify the
legitimacy of the stated end-user or end-users.
(6) Mandatory sharing of approved licenses and
agreements.--The Secretary of State shall provide
copies of all approved export licenses and technical
assistance agreements associated with launches in
foreign countries of satellites to the Secretaries of
Defense and Energy, the Director of Central
Intelligence, and the Director of the Arms Control and
Disarmament Agency.
(7) Mandatory notification to congress on
licenses.--Upon issuing a license for the export of a
satellite or related items for launch in a foreign
country, the head of the department or agency issuing
the license shall so notify Congress.
(8) Mandatory reporting on monitoring activities.--
The Secretary of Defense shall provide to Congress an
annual report on the monitoring of all launches in
foreign countries of satellites of United States
origin.
(9) Establishing safeguards program.--The Secretary
of Defense shall establish a program for recruiting,
training, and maintaining a staff dedicated to
monitoring launches in foreign countries of satellites
and related items of United States origin.
(b) Exception.--This section shall not apply to the export
of a satellite or related items for launch in, or by nationals
of, a country that is a member of the North Atlantic Treaty
Organization or that is a major non-NATO ally of the United
States.
(c) Effective Date.--The President shall take the actions
required by subsection (a) not later than 45 days after the
date of the enactment of this Act.
SEC. 1515. REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEOPLE'S
REPUBLIC OF CHINA.
(a) Requirement for Report.--Each report to Congress
submitted pursuant to subsection (b) of section 902 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 2151 note; Public Law 101-246) to waive the
restrictions contained in subsection (a) of that section on the
export to the People's Republic of China of any satellite of
United States origin or related items shall be accompanied by a
detailed justification setting forth the following:
(1) A detailed description of all militarily
sensitive characteristics integrated within, or
associated with, the satellite.
(2) An estimate of the number of United States
civilian contract personnel expected to be needed in
country to carry out the proposed satellite launch.
(3)(A) A detailed description of the United States
Government's plan to monitor the proposed satellite
launch to ensure that no unauthorized transfer of
technology occurs, together with an estimate of the
number of officers and employees of the United States
that are expected to be needed in country to carry out
monitoring of the proposed satellite launch; and
(B) the estimated cost to the Department of Defense
of monitoring the proposed satellite launch and the
amount of such cost that is to be reimbursed to the
department.
(4) The reasons why the proposed satellite launch
is in the national security interest of the United
States.
(5) The impact of the proposed export on employment
in the United States, including the number of new jobs
created in the United States, on a State-by-State
basis, as a direct result of the proposed export.
(6) The number of existing jobs in the United
States that would be lost, on a State-by-State basis,
as a direct result of the proposed export not being
licensed.
(7) The impact of the proposed export on the
balance of trade between the United States and the
People's Republic of China and on reducing the current
United States trade deficit with the People's Republic
of China.
(8) The impact of the proposed export on the
transition of the People's Republic of China from a
nonmarket economy to a market economy and the long-term
economic benefit to the United States.
(9) The impact of the proposed export on opening
new markets to United States-made products through the
purchase by the People's Republic of China of United
States-made goods and services not directly related to
the proposed export.
(10) The impact of the proposed export on reducing
acts, policies, and practices that constitute
significant trade barriers to United States exports or
foreign direct investment in the People's Republic of
China by United States nationals.
(11) The increase that will result from the
proposed export in the overall market share of the
United States for goods and services in comparison to
Japan, France, Germany, the United Kingdom, and Russia.
(12) The impact of the proposed export on the
willingness of the People's Republic of China to modify
its commercial and trade laws, practices, and
regulations to make United States-made goods and
services more accessible to that market.
(13) The impact of the proposed export on the
willingness of the People's Republic of China to reduce
formal and informal trade barriers and tariffs, duties,
and other fees on United States-made goods and services
entering that country.
(b) Militarily Sensitive Characteristics Defined.--In this
section, the term ``militarily sensitive characteristics''
includes antijamming capability, antennas, crosslinks, baseband
processing, encryption devices, radiation-hardened devices,
propulsion systems, pointing accuracy, kick motors, and other
such characteristics as are specified by the Secretary of
Defense.
SEC. 1516. RELATED ITEMS DEFINED.
In this subtitle, the term ``related items'' means the
satellite fuel, ground support equipment, test equipment,
payload adapter or interface hardware, replacement parts, and
non-embedded solid propellant orbit transfer engines described
in the report submitted to Congress by the Department of State
on February 6, 1998, pursuant to section 38(f) of the Arms
Export Control Act (22 U.S.C. 2778(f)).
Subtitle C--Other Export Control Matters
SEC. 1521. AUTHORITY FOR EXPORT CONTROL ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
(a) Functions of the Under Secretary for Policy.--Section
134(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) Subject to the authority, direction, and control of
the Secretary of Defense, the Under Secretary shall have
responsibility for supervising and directing activities of the
Department of Defense relating to export controls.''.
(b) Establishment of Deputy Under Secretary for Technology
Security Policy.--(1) Chapter 4 of title 10, United States
Code, is amended by inserting after section 134a the following
new section:
``Sec. 134b. Deputy Under Secretary of Defense for Technology Security
Policy
``(a) There is in the Office of the Under Secretary of
Defense for Policy a Deputy Under Secretary of Defense for
Technology Security Policy.
``(b) The Deputy Under Secretary serves as the Director of
the Defense Technology Security Administration (or any
successor organization charged with similar responsibilities).
``(c) The principal duties of the Deputy Under Secretary
are--
``(1) assisting the Under Secretary of Defense for
Policy in supervising and directing the activities of
the Department of Defense relating to export controls;
and
``(2) assisting the Under Secretary of Defense for
Policy in developing policies and positions regarding
the appropriate export control policies and procedures
that are necessary to protect the national security
interests of the United States.
``(d) The Deputy Under Secretary shall perform such
additional duties and exercise such authority as the Secretary
of Defense may prescribe.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 134a
the following new item:
``134b. Deputy Under Secretary of Defense for Technology Security
Policy.''.
(c) Time for Implementation.--The Secretary of Defense
shall complete the actions necessary to implement the amendment
made by subsection (a) and to establish the office of Deputy
Under Secretary of Defense for Technology Security Policy in
accordance with section 134b of title 10, United States Code,
as added by subsection (b), not later than 60 days after the
date of the enactment of this Act.
(d) Report.--Not later than 90 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 implementing the amendments
made by subsections (a) and (b). The report shall include the
following:
(1) A description of any organizational changes
that are to be made within the Department of Defense to
implement those amendments.
(2) A description of the role of the Chairman of
the Joint Chiefs of Staff in the export control
activities of the Department of Defense after those
subsections are implemented, together with a discussion
of how that role compares to the Chairman's role in
those activities before the implementation of those
subsections.
SEC. 1522. RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF COMMERCE TO
OTHER AGENCIES FOR PURPOSE OF NATIONAL SECURITY
ASSESSMENT.
(a) Release of Export Information.--The Secretary of
Commerce shall, upon the written request of an official
specified in subsection (c), transmit to that official any
information relating to exports that is held by the Department
of Commerce and is requested by that official for the purpose
of assessingnational security risks. The Secretary shall
transmit such information within 10 business days after receiving such
a request.
(b) Nature of Information.--The information referred to in
subsection (a) includes information concerning--
(1) export licenses issued by the Department of
Commerce;
(2) exports that were carried out under an export
license issued by the Department of Commerce; and
(3) exports from the United States that were
carried out without an export license.
(c) Requesting Officials.--The officials referred to in
subsection (a) are the Secretary of State, the Secretary of
Defense, the Secretary of Energy, and the Director of Central
Intelligence. Each of those officials may delegate to any other
official within their respective departments and agency the
authority to request information under subsection (a).
SEC. 1523. NUCLEAR EXPORT REPORTING REQUIREMENT.
(a) Notification of Congress.--The President shall notify
Congress upon the granting of a license by the Nuclear
Regulatory Commission for the export or reexport of any
nuclear-related technology or equipment, including source
material, special nuclear material, or equipment or material
especially designed or prepared for the processing, use, or
production of special nuclear material.
(b) Applicability.--The requirements of this section shall
apply only to an export or reexport to a country that--
(1) the President has determined is a country that
has detonated a nuclear explosive device; and
(2) is not a member of the North Atlantic Treaty
Organization.
SEC. 1524. EXECUTION OF OBJECTION AUTHORITY WITHIN THE DEPARTMENT OF
DEFENSE.
Section 1211 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1932) is amended
by adding at the end the following new subsection:
``(g) Delegation of Objection Authority Within the
Department of Defense.--For the purposes of the Department of
Defense, the authority to issue an objection referred to in
subsection (a) shall be executed for the Secretary of Defense
by an official at the Assistant Secretary level within the
office of the Under Secretary of Defense for Policy. In
implementing subsection (a), the Secretary of Defense shall
ensure that Department of Defense procedures maximize the
ability of the Department of Defense to be able to issue an
objection within the 10-day period specified in subsection
(c).''.
Subtitle D--Counterproliferation Matters
SEC. 1531. 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 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. 1532. SENSE OF CONGRESS ON NUCLEAR TESTS IN SOUTH ASIA.
The Congress--
(1) strongly condemns the decisions by the
Governments of India and Pakistan to conduct nuclear
tests in May 1998;
(2) calls for the Governments of India and Pakistan
to commit not to conduct any additional nuclear tests;
(3) urges the Governments of India and Pakistan to
take immediate steps to reduce tensions between the two
countries;
(4) urges India and Pakistan to engage in high-
level dialogue aimed at reducing the likelihood of
armed conflict, enacting confidence and security
building measures, and resolving areas of dispute;
(5) commends all nations to take steps which will
reduce tensions in South Asia, including appropriate
measures to prevent the transfer of technology that
could further exacerbate the arms race in South Asia,
and thus avoid further deterioration of security there;
(6) calls upon the President, leaders of all
nations, and the United Nations to encourage a
diplomatic, negotiated solution between the governments
of India and Pakistan to promote peace and stability in
South Asia and resolve the current impasse;
(7) encourages United States diplomatic leadership
in assisting the governments of India and Pakistan to
seek a negotiated resolution of their 50-year conflict
over the disputed territory in Kashmir;
(8) urges India and Pakistan to take immediate,
binding, and verifiable steps to roll back their
nuclear programs and come into compliance with
internationally accepted norms regarding the
proliferation of weapons of mass destruction; and
(9) urges the United States to reevaluate its
bilateral relationship with India and Pakistan, in
light of the new regional security realities in South
Asia, with the goal of preventing further nuclear and
ballistic missile proliferation, diffusing long-
standing regional rivalries between India and Pakistan,
and securing commitments from India and Pakistan which,
if carried out, could result in a calibrated lifting of
United States sanctions imposed under the Arms Export
Control Act and the Nuclear Proliferation Prevention
Act of 1994.
SEC. 1533. REPORT ON REQUIREMENTS FOR RESPONSE TO INCREASED MISSILE
THREAT IN ASIA-PACIFIC REGION.
(a) Study.--The Secretary of Defense shall carry out a
study of the architecture requirements for the establishment
and operation of a theater ballistic missile defense system in
the Asia-Pacific region that would have the capability to
protect key regional allies of the United States.
(b) Report.--(1) Not later than January 1, 1999, the
Secretary shall submit to the Committee on National Security of
the House of Representatives and the Committee on Armed
Services of the Senate a report containing--
(A) the results of the study conducted under
subsection (a);
(B) the factors used to obtain such results; and
(C) a description of any United States missile
defense system currently deployed or under development
that could be transferred to key allies of the United
States in the Asia-Pacific region to provide for their
self-defense against limited ballistic missile attacks.
(2) The report shall be submitted in both classified and
unclassified form.
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.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out fiscal year 1998
projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Anniston Army Depot. $3,550,000
Fort Rucker......... $14,300,000
Redstone Arsenal.... $1,550,000
Alaska............................ Fort Wainwright..... $22,600,000
California........................ Fort Irwin.......... $14,800,000
Georgia........................... Fort Benning........ $28,600,000
Hawaii............................ Schofield Barracks.. $71,000,000
Illinois.......................... Rock Island Arsenal. $5,300,000
Indiana........................... Crane Army
Ammunition Activity $7,100,000
Kansas............................ Fort Riley.......... $41,000,000
Kentucky.......................... Blue Grass Army $5,300,000
Depot.
Fort Campbell....... $75,000,000
Fort Knox........... $23,000,000
Louisiana......................... Fort Polk........... $8,300,000
Maryland.......................... Fort Detrick........ $3,550,000
Fort Meade.......... $5,300,000
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.... $27,300,000
Utah.............................. Tooele Army Depot... $3,900,000
Virginia.......................... National Ground
Intelligence
Center,
Charlottesville.... $46,200,000
Fort Eustis......... $41,181,000
Fort Myer........... $6,200,000
Washington........................ Fort Lewis.......... $18,200,000
CONUS Classified.................. Classified Location. $4,600,000
---------------
Total........... $768,781,000
------------------------------------------------------------------------
(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 $6,300,000
Group.
Germany........................... Schweinfurt......... $18,000,000
Wurzburg............ $4,250,000
Korea............................. Camp Casey.......... $21,400,000
Camp Castle......... $18,226,000
Camp Humphreys...... $8,500,000
Camp Stanley........ $5,800,000
Kwajalein......................... Kwajalein Atoll..... $48,600,000
---------------
Total........... $131,076,000
------------------------------------------------------------------------
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 $48,479,000.
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 $2,098,713,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$609,781,000.
(2) For military construction projects outside the
United States authorized by section 2101(b),
$95,076,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $12,500,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $64,269,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$137,929,000.
(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 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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);
(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);
(6) $3,500,000 (the balance of the amount
authorized under section 2101(a) for the construction
of the whole barracks complex renewal at Fort
Wainwright, Alaska);
(7) $24,500,000 (the balance of the amount
authorized under section 2101(a) for the construction
of the whole barracks complex renewal at Fort Riley,
Kansas); and
(8) $27,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
of the whole barracks complex renewal at Fort Campbell,
Kentucky).
(c) Adjustments.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (10) 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;
(2) $3,000,000, which represents the combination of
savings in military family housing support resulting
from favorable bids, reduced overhead costs, and
cancellations due to force structure changes; and
(3) $8,000,000, 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. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECTS.
(a) Modification.--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 Amendments.--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.
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.
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 $11,400,000
Base, San Diego.
Connecticut....................... Naval Submarine
Base, New London... $11,330,000
District of Columbia.............. Naval District, $790,000
Washington.
Florida........................... Naval Air Station, $3,730,000
Key West.
Naval Air Station, $1,500,000
Jacksonville.
Naval Air Station, $1,400,000
Whiting Field.
Naval Station, $6,163,000
Mayport.
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................ $46,410,000
Naval Communications
&
Telecommunications
Area Master Station
Eastern Pacific,
Wahiawa............ $1,970,000
Naval Shipyard, $11,400,000
Pearl 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 $19,950,000
Indiana........................... Naval Surface
Warfare Center,
Crane.............. $11,110,000
Maryland.......................... Naval Surface
Warfare Center,
Indian Head
Division, Indian
Head............... $13,270,000
United States Naval
Academy............ $4,300,000
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
Naval Inventory
Control Point,
Mechanicsburg...... $1,600,000
Naval Inventory
Control Point,
Philadelphia....... $1,550,000
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 $5,700,000
Center, Norfolk.
Naval Air Station, $6,400,000
Oceana.
Naval Shipyard,
Norfolk, Portsmouth $6,180,000
Naval Station, $45,530,000
Norfolk.
Naval Surface
Warfare Center,
Dahlgren........... $15,680,000
Tactical Training
Group Atlantic, Dam
Neck............... $2,430,000
Washington........................ Naval Shipyard, $4,300,000
Puget Sound.
Strategic Weapons
Facility Pacific,
Bremerton.......... $2,750,000
---------------
Total........... $521,497,000
------------------------------------------------------------------------
(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, $10,310,000
Guam.
Italy............................. Naval Support $18,270,000
Activity, 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 $227,791,000.
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 $1,812,476,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$503,997,000.
(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, $9,900,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $60,846,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$302,913,000.
(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);
(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); and
(3) $4,000,000 (the balance of the amount
authorized under section 2201(a) for the construction
of a bachelor enlisted quarters at Marine Corps Air
Station, Kaneohe Bay, Hawaii).
(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) $7,323,000, 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;
(2) $3,000,000, which represents the combination of
savings in military family housing support resulting
from favorable bids, reduced overhead costs, and
cancellations due to force structure changes; and
(3) $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. 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.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
SEC. 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 $19,398,000
Base.
Alaska............................ Eielson Air Force $4,352,000
Base.
Arizona........................... Luke Air Force Base. $3,400,000
Arkansas.......................... Little Rock Air $1,500,000
Force Base.
California........................ Edwards Air Force $10,361,000
Base.
Travis Air Force $4,250,000
Base.
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 $2,948,000
Base.
Florida........................... Eglin Air Force Base $20,437,000
Eglin Auxiliary $3,837,000
Field 9.
MacDill Air Force $9,808,000
Base.
Tyndall Air Force $3,600,000
Base.
Georgia........................... Robins Air Force $11,894,000
Base.
Hawaii............................ Hickam Air Force $5,890,000
Base.
Idaho............................. Mountain Home Air
Force Base......... $17,897,000
Kansas............................ McConnell Air Force $4,450,000
Base.
Louisiana......................... Barksdale Air Force $9,300,000
Base.
Maryland.......................... Andrews Air Force $4,448,000
Base.
Massachusetts..................... Hanscom Air Force $10,000,000
Base.
Mississippi....................... Columbus Air Force $5,700,000
Base.
Keesler Air Force $35,526,000
Base.
Montana........................... Malmstrom Air Force $7,900,000
Base.
Nevada............................ Indian Springs Air
Force Auxiliary Air
Field.............. $15,013,000
Nellis Air Force $6,378,000
Base.
New Jersey........................ McGuire Air Force $6,044,000
Base.
New Mexico........................ Holloman Air Force $11,100,000
Base.
Kirtland Air Force $8,574,000
Base.
North Carolina.................... Seymour Johnson Air
Force Base......... $6,100,000
North Dakota...................... Grand Forks Air $11,486,000
Force Base.
Minot Air Force Base $8,500,000
Ohio.............................. Wright-Patterson Air
Force Base......... $22,000,000
Oklahoma.......................... Altus Air Force Base $9,300,000
Tinker Air Force $24,985,000
Base.
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 $11,600,000
Base.
Texas............................. Dyess Air Force Base $4,750,000
Goodfellow Air Force $7,300,000
Base.
Lackland Air Force $14,930,000
Base.
Laughlin Air Force $7,315,000
Base.
Randolph Air Force $3,166,000
Base.
Utah.............................. Hill Air Force Base. $2,600,000
Washington........................ Fairchild Air Force $15,220,000
Base.
McChord Air Force $51,847,000
Base.
---------------
Total........... $514,880,000
------------------------------------------------------------------------
(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 $9,501,000
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........... $66,702,000
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Installation or
State 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 55 Units $8,998,000
Base.
Florida...................... MacDill Air 48 Units $7,609,000
Force Base.
Patrick Air 46 Units $9,692,000
Force Base.
Tyndall Air 122 $14,500,000
Force Base. Units.
Mississippi.................. Columbus Air 52 Units $6,800,000
Force Base.
Keesler Air 52 Units $6,800,000
Force Base.
Montana...................... Malmstrom Air 50 Units $10,000,000
Force Base.
Nebraska..................... Offutt Air
Force Base.... Ancillar
y
Facilit
y...... $870,000
Offutt Air
Force Base.... Ancillar
y
Facilit
y...... $900,000
Offutt Air
Force Base.... 90 Units $12,212,000
Nevada....................... Nellis Air
Force Base.... 28 Units $5,000,000
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 64 Units $9,415,000
Base.
Sheppard Air
Force Base.... 65 Units $7,000,000
Washington................... Fairchild Air
Force Base.... Ancillar
y
Facilit
y...... $1,692,000
Fairchild Air
Force Base.... 14 Units $2,300,000
---------------
Total. $176,099,000
------------------------------------------------------------------------
(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 $104,108,000.
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 $1,679,978,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$514,880,000.
(2) For military construction projects outside the
United States authorized by section 2301(b),
$66,702,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $8,135,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $38,092,000.
(5) For military housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$291,549,000.
(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) $10,584,000, 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;
(2) $2,000,000,000, which represents the
combination of savings in military family housing
support resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure
changes; and
(3) $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.
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. Repeal of fiscal year 1997 authorization of appropriations
for certain military housing improvement program.
Sec. 2406. Modification of authority to carry out certain fiscal year
1995 projects.
Sec. 2407. Modification of authority to carry out fiscal year 1990
project.
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 Fuel Supply
Center, Camp
Shelby, Mississippi $5,300,000
Defense Fuel Supply
Center, Elmendorf
Air Force Base,
Alaska............. $19,500,000
Defense Fuel Supply
Center, Pope Air
Force Base, North
Carolina........... $4,100,000
Various Locations... $1,300,000
Defense Medical Facilities 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
Eglin Air Force $9,200,000
Base, 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........ Eglin Auxiliary
Field 3, Florida... $7,310,000
Elgin Auxiliary
Field 9, Florida... $2,400,000
Fort Campbell, $15,000,000
Kentucky.
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
------------------------------------------------------------------------
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, $13,100,000
Guam.
Special Operations Command........ Naval Station,
Roosevelt Roads,
Puerto Rico........ $9,600,000
---------------
Total........... $55,305,000
------------------------------------------------------------------------
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
$2,223,260,000 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),
$55,305,000.
(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 Year1996 (division B of Public Law 104-
106; 110 Stat. 539), section 2408 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public Law 105-
85; 111 Stat. 1982), and section 2406 of 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 2406 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 2407 of this
Act, $17,954,000.
(6) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$13,394,000.
(7) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $4,890,000.
(8) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $41,005,000.
(9) For energy conservation projects authorized by
section 2403, $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), $1,630,902,000.
(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, $2,000,000.
(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 variation
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 $63,800,000 (of
which $50,500,000 represents savings from military construction
for chemical demilitarization), 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. REPEAL OF FISCAL YEAR 1997 AUTHORIZATION OF APPROPRIATIONS
FOR CERTAIN MILITARY HOUSING IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 2406(a) of
the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104-201; 110 Stat. 2778) is
amended--
(1) by striking out ``$3,379,703,000'' and
inserting in lieu thereof ``$3,374,703,000''; and
(2) in paragraph (14), by striking out subparagraph
(D).
(b) Credit and Use of Funds.--Section 2404 of that Act (110
Stat. 2777) is amended--
(1) in subsection (a)--
(A) by striking out ``(1)'' before ``Of'';
and
(B) by striking out paragraph (2); and
(2) in subsection (b)--
(A) by striking out ``(1)'' before ``The'';
(B) by striking out ``subsection (a)(1)''
and inserting in lieu thereof ``subsection
(a)''; and
(C) by striking out paragraph (2).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1995 PROJECTS.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 539) and section
2408 of the Military Construction Authorization Act for Fiscal
Year 1998 (division B of Public Law 105-85; 111 Stat. 1982),
under the agency heading relating to Chemical Weapons and
Munitions Destruction, is amended--
(1) in the item relating to Pine Bluff Arsenal,
Arkansas, by striking out $134,000,000'' in the amount
column and inserting in lieu thereof ``$154,400,000'';
and
(2) in the item relating to Umatilla Army Depot,
Oregon, by striking out ``$187,000,000'' in the amount
column and inserting in lieu thereof ``$193,377,000''.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1990
PROJECT.
(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.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment program
as provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 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
$154,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998
project.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal years beginning after September
30, 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, $142,403,000; and
(B) for the Army Reserve, $102,119,000.
(2) For the Department of the Navy, for the Naval
and Marine Corps Reserve, $31,621,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the
United States, $169,801,000; and
(B) for the Air Force Reserve, $34,371,000.
(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. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECT.
Section 2603 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85; 111
Stat. 1983) is amended to read as follows:
``SEC. 2603. ARMY RESERVE CONSTRUCTION PROJECT, SALT LAKE CITY, UTAH.
``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.''.
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.
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),
authorizationsfor the projects set forth in the tables in
subsection (b), as provided in section 2201, 2202, 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 Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico.............................. Naval Station Roosevelt
Roads...................... Housing Office......... $710,000
California............................... Camp Pendleton.............. Family Housing
Construction (138
units)................ $20,000,000
----------------------------------------------------------------------------------------------------------------
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 Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi.............................. Camp Shelby................. Multipurpose Range
Complex (Phase I)..... $5,000,000
Missouri................................. National Guard Training
Site, Jefferson City....... Multipurpose Range..... $2,236,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 1995 PROJECT.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3046), the
authorization for the project set forth in the table in
subsection (b), as provided in section 2201 of that Act and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85; 111 Stat. 1985), shall remain in effect until
October 1, 1999, or the date of enactment of an Act authorizing
funds for military construction for fiscal year 2000, whichever
is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 1995 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland................................. Indian Head Naval Surface
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 the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Architectural and engineering services and construction
design.
Sec. 2802. Expansion of Army overseas family housing lease authority.
Sec. 2803. Definition of ancillary supporting facilities under
alternative authority for acquisition and improvement of
military housing.
Sec. 2804. Purchase of build-to-lease family housing at Eielson Air
Force Base, Alaska.
Sec. 2805. Report relating to improvement of housing for unaccompanied
members.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Exceptions to real property transaction reporting
requirements for war and certain emergency and other
operations.
Sec. 2812. Restoration of Department of Defense lands used by another
Federal agency.
Sec. 2813. Outdoor recreation development on military installations for
disabled veterans, military dependents with disabilities, and
other persons with disabilities.
Sec. 2814. Report on leasing and other alternative uses of non-excess
military property.
Sec. 2815. Report on implementation of utility system conveyance
authority.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Applicability of property disposal laws to leases at
installations to be closed or realigned under base closure
laws.
Sec. 2822. Elimination of waiver authority regarding prohibition against
certain conveyances of property at Naval Station, Long Beach,
California.
Sec. 2823. Payment of stipulated penalties assessed under CERCLA in
connection with McClellan Air Force Base, California.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Modification of land conveyance, Army Reserve Center,
Youngstown, Ohio.
Sec. 2832. Release of interests in real property, former Kennebec
Arsenal, Augusta, Maine.
Sec. 2833. Release, waiver, or conveyance of interests in real property,
former Redstone Army Arsenal property, Alabama.
Sec. 2834. Conveyance of utility systems, Lone Star Army Ammunition
Plant, Texas.
Sec. 2835. Conveyance of water rights and related interests, Rocky
Mountain Arsenal, Colorado, for purposes of acquisition of
perpetual contracts for water.
Sec. 2836. Land conveyance, Army Reserve Center, Massena, New York.
Sec. 2837. Land conveyance, Army Reserve Center, Ogdensburg, New York.
Sec. 2838. Land conveyance, Army Reserve Center, Jamestown, Ohio.
Sec. 2839. Land conveyance, Army Reserve Center, Peoria, Illinois.
Sec. 2840. Land conveyance, Army Reserve Center, Bridgton, Maine.
Sec. 2841. Land conveyance, Fort Sheridan, Illinois.
Sec. 2842. Land conveyance, Skaneateles, New York.
Sec. 2843. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2844. Land conveyance, Volunteer Army Ammunition Plant,
Chattanooga, Tennessee.
Sec. 2845. Land conveyance, Stewart Army Sub-Post, New Windsor, New
York.
Part II--Navy Conveyances
Sec. 2851. Conveyance of easement, Marine Corps Base, Camp Pendleton,
California.
Sec. 2852. Land exchange, Naval Reserve Readiness Center, Portland,
Maine.
Sec. 2853. Land conveyance, Naval and Marine Corps Reserve facility,
Youngstown, Ohio.
Sec. 2854. Land conveyance, Naval Air Reserve Center, Minneapolis,
Minnesota.
Part III--Air Force Conveyances
Sec. 2861. Modification of land conveyance, Eglin Air Force Base,
Florida.
Sec. 2862. Modification of land conveyance, Finley Air Force Station,
North Dakota.
Sec. 2863. Land conveyance, Lake Charles Air Force Station, Louisiana.
Sec. 2864. Land conveyance, Air Force Housing Facility, La Junta,
Colorado.
Subtitle E--Other Matters
Sec. 2871. Modification of authority relating to Department of Defense
Laboratory Revitalization Demonstration Program.
Sec. 2872. Repeal of prohibition on joint use of Gray Army Airfield,
Fort Hood, Texas, with civil aviation.
Sec. 2873. Modification of demonstration project for purchase of fire,
security, police, public works, and utility services from
local government agencies.
Sec. 2874. Designation of building containing Navy and Marine Corps
Reserve Center, Augusta, Georgia.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION
DESIGN.
(a) Increase in Threshold for Notice to Congress.--
Subsection (b) of section 2807 of title 10, United States Code,
is amended by striking out ``$300,000'' and inserting in lieu
thereof ``$500,000''.
(b) Availability of Appropriations.--Subsection (d) of that
section is amended by striking out ``study, planning, design,
architectural, and engineering services'' and inserting inlieu
thereof ``architectural and engineering services and construction
design''.
SEC. 2802. EXPANSION OF ARMY OVERSEAS FAMILY HOUSING LEASE AUTHORITY.
(a) Alternative Maximum Unit Amounts.--Section 2828(e) of
title 10, United States Code, is amended--
(1) in paragraph (2), by inserting, ``, and the
Secretary of the Army may lease not more than 500 units
of family housing in Italy,'' after ``family housing in
Italy'';
(2) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (2) the following
new paragraph (3):
``(3) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease amount
is $25,000 per unit per year, the Secretary of the Army may
lease not more than 800 units of family housing in Korea
subject to that maximum lease amount.''.
(b) Conforming Amendment.--Paragraph (4) of that section,
as redesignated by subsection (a)(2) of this section, is
amended by striking out ``and (2)'' and inserting in lieu
thereof ``, (2), and (3)''.
SEC. 2803. DEFINITION OF ANCILLARY SUPPORTING FACILITIES UNDER
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,''.
SEC. 2804. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING AT EIELSON AIR
FORCE BASE, ALASKA.
(a) Authority To Purchase.--The Secretary of the Air Force
may purchase the entire interest of the developer in the
military family housing project at Eielson Air Force Base,
Alaska, described in subsection (b) if the Secretary determines
that the purchase is in the best economic interests of the Air
Force.
(b) Description of Project.--The military family housing
project referred to in this section is the 366-unit military
family housing project at Eielson Air Force Base that was
constructed by the developer and is being leased by the
Secretary under the authority of former subsection (g) of
section 2828 of title 10, United States Code (now section 2835
of such title), as added by section 801 of the Military
Construction Authorization Act, 1984 (Public Law 98-115; 97
Stat. 782).
(c) Purchase Price.--The purchase price to be paid by the
Secretary under this section for the interest of the developer
in the military family housing project may not exceed an amount
equal to the amount of the outstanding indebtedness of the
developer to the lender for the project that would have
remained at the time of the purchase under this section if the
developer had paid down its indebtedness to the lender for the
project in accordance with the original debt instruments for
the project.
(d) Time for Purchase.--(1) Subject to paragraph (2), the
Secretary may elect to make the purchase authorized by
subsection (a) at any time during or after the term of the
lease for the military family housing project.
(2) The Secretary may not make the purchase until 30 days
after the date on which the Secretary notifies the
congressional defense committees of the Secretary's election to
make the purchase under paragraph (1).
SEC. 2805. REPORT RELATING TO IMPROVEMENT OF HOUSING FOR UNACCOMPANIED
MEMBERS.
(a) Report Required.--(1) Not later than April 1, 1999, the
Secretary of Defense shall submit to Congress a report on--
(A) the plans of each of the military departments
to improve the condition, suitability, and availability
of housing for members of the Armed Forces who are
unaccompanied by dependents; and
(B) the costs associated with the implementation of
the plans.
(2) The Secretary of Defense shall prepare the report in
consultation with the Secretaries of the military departments.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) The plans and programs of each of the military
departments to improve housing on military
installations for unaccompanied members of the Armed
Forces, including an assessment of the requirement, a
schedule to implement such plans and programs, and an
explanation of the standards used to determine the
adequacy, suitability, and availability of housing
outside of military installations.
(2) A justification for the initiative to build
single occupancy rooms with a shared bath (commonly
known as the ``1 Plus 1 Initiative''), including--
(A) a description of the manner in which
the initiative is designed to enhance the
quality of life for enlisted members and the
retention of such members in adequate numbers;
and
(B) an assessment of the analysis and data
used in the justification to implement the
initiative.
(3) The cost for each military department of
implementing the initiative, including the amount of
funds, by fiscal year, authorized and appropriated for
military construction and real property maintenance
obligated or expended on the improvement of military
housing for unaccompanied members beginning on October
1, 1996, and the amount of funds required to be
expended to ensure the suitability of such housing for
unaccompanied members.
(4) An explanation of the difference in cost
between--
(A) upgrading existing military housing to
the standard proposed in the initiative; and
(B) rehabilitating such housing within
existing standards.
(5) An assessment of the viability and utility of
the authorities provided by subchapter IV of chapter
169 of title 10, United States Code, to contribute to
the improvement of the condition, suitability, and
availability of housing for unaccompanied members,
especially members in junior grades.
(6) The views of the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of
the Air Force, the Commandant of the Marine Corps, the
Commandant of the Coast Guard, and each of the senior
enlisted members of the Armed Forces regarding the
initiative referred to in paragraph (2) and regarding
any alternatives to the initiative having the potential
of enhancing the quality of life for unaccompanied
members, improving the readiness of the Armed Forces,
and improving the retention of enlisted members in
adequate numbers.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXCEPTIONS TO REAL PROPERTY TRANSACTION REPORTING
REQUIREMENTS FOR WAR AND CERTAIN EMERGENCY AND
OTHER OPERATIONS.
(a) Exceptions.--Section 2662 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Exceptions for Transactions for War and Certain
Emergency and Other Operations.--(1) The reporting requirement
set forth in subsection (a) shall not apply with respect to a
real property transaction otherwise covered by that subsection,
and the reporting requirement set forth in subsection (e) shall
not apply with respect to a real property transaction otherwise
covered by that subsection, if the Secretary concerned
determines that the transaction is made as a result of any of
the following:
``(A) A declaration of war.
``(B) A declaration of a national emergency by the
President pursuant to the National Emergencies Act (50
U.S.C. 1601 et seq.).
``(C) A declaration of an emergency or major
disaster pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
``(D) The use of the militia or the armed forces
after a proclamation to disperse under section 334 of
this title.
``(E) A contingency operation.
``(2) The reporting requirement set forth in subsection (a)
shall not apply with respect to a real property transaction
otherwise covered by that subsection if the Secretary concerned
determines that--
``(A) an event listed in paragraph (1) is imminent;
and
``(B) the transaction is necessary for purposes of
preparation for such event.
``(3) Not later than 30 days after entering into a real
property transaction covered by paragraph (1) or (2), the
Secretary concerned shall submit to the committees named in
subsection (a) a report on the transaction. The report shall
set forth any facts or information which would otherwise have
been submitted in a report on the transaction under subsection
(a) or (e), as the case may be, but for the operation of
paragraph (1) or (2).''.
(b) Stylistic Amendments.--That section is further
amended--
(1) in subsection (a), by inserting ``General
Notice and Wait Requirements.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Annual
Reports on Certain Minor Transactions.--'' after
``(b)'';
(3) in subsection (c), by inserting ``Geographic
Scope; Excepted Projects.--'' after ``(c)'';
(4) in subsection (d), by inserting ``Statements of
Compliance in Transaction Instruments.--'' after
``(d)'';
(5) in subsection (e), by inserting ``Notice and
Wait Regarding Leases of Space for DoD by GSA.--''
after ``(e)''; and
(6) in subsection (f), by inserting ``Reports on
Transactions Involving Intelligence Components.--''
after ``(f)''.
SEC. 2812. RESTORATION OF DEPARTMENT OF DEFENSE LANDS USED BY ANOTHER
FEDERAL AGENCY.
(a) Restoration as Term of Agreement.--Section 2691 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c)(1) As a condition of any lease, permit, license, or
other grant of access entered into by the Secretary of a
military department with another Federal agency authorizing the
agency to use lands under the control of the Secretary, the
Secretary may require the agency to agree to remove any
improvements and to take any other action necessary in the
judgment of the Secretary to restore the land used by the
agency to its condition before its use by the agency.
``(2) In lieu of performing any removal or restoration work
under paragraph (1), a Federal agency may elect, with the
consent of the Secretary, to reimburse the Secretary for the
costs incurred by the military department in performing such
removal or 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. 2813. 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
WithDisabilities, 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 extent reasonably practicable, that outdoor recreation
opportunities (including fishing, hunting, trapping, wildlife viewing,
boating, and camping) made available to the public also provide access
for persons described in paragraph (2) when topographic, vegetative,
and water resources allow access for such persons without substantial
modification to the natural environment.
``(2) Persons referred to in paragraph (1) are the
following:
``(A) Disabled veterans.
``(B) Military dependents with disabilities.
``(C) Other persons with disabilities, when access
to a military installation for such persons and other
civilians is not otherwise restricted.
``(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 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 property, whether real or
personal.
``(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. 2814. REPORT ON LEASING AND OTHER ALTERNATIVE USES OF NON-EXCESS
MILITARY PROPERTY.
(a) Report Required.--Not later than March 15, 1999, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report regarding the
authority of the military departments and Defense Agencies to
lease to the private sector non-excess real and personal
property. The Secretary shall prepare the report in
consultation with the Secretaries of the military departments
and the Director of the Office of Management and Budget.
(b) Required Elements of Report.--The report shall set
forth the following:
(1) The number and purpose of all leases entered
into under sections 2667 and 2667a of title 10, United
States Code, other than leases under section 2667(f) of
that title, during the five-year period ending on the
date of the enactment of this Act.
(2) The types and amounts of payments received
under the leases specified in paragraph (1) and the
costs, if any, foregone as a result of the leases.
(3) An assessment of the positive and negative
aspects of leasing real property and surplus capacity
at military installations to the private sector,
including the potential effect of the use of the leases
on force protection and the military functions of the
installations.
(4) An assessment of the current efforts of the
Department of Defense to identify for the private
sector any surplus capacity at military installations
that could be leased or otherwise used by the private
sector.
(5) An assessment of the proposal of the Secretary
of the Air Force to reduce infrastructure costs at
Brooks Air Force Base, Texas, using the authority
provided in section 2667 of title 10, United States
Code, and the proposal of the Secretary of the Navy
regarding the potential for development of Ford Island
as part of Naval Complex, Pearl Harbor, Hawaii.
(6) An assessment (including an economic analysis)
of the ability of the military departments and Defense
Agencies to reduce the quantity of real property leased
by them through the relocation of activities located in
such leased space to property of a military
installation, or another Federal agency, that is
unutilized or underutilized, while also lowering
operational and maintenance costs and minimizing the
need for new construction.
(c) Additional Elements of Report.--In the event that the
Secretary of Defense considers the authority under section 2667
or 2667a of title 10, United States Code, to be insufficient,
the Secretary shall also include in the report--
(1) a proposal for authority to conduct a pilot
project based on the assessment made under subsection
(b)(5) or for such general legislative authority as the
Secretary considers appropriate to enhance the ability
of the Department of Defense to utilize surplus
capacity at military installations in order to improve
military readiness, achieve cost savings with respect
to such installations, or decrease the cost of
operating such installations;
(2) an estimate of the income that could accrue to
the Department of Defense as a result of the
implementation of enhanced authority proposed under
paragraph (1) during the five-year period beginning on
the date of such implementation; and
(3) an assessment of the extent to which any such
income should be reserved for the use of the
installations exercising such authority and of the
extent to which installations would be likely to enter
into such leases if they cannot retain such income.
SEC. 2815. REPORT ON IMPLEMENTATION OF UTILITY SYSTEM CONVEYANCE
AUTHORITY.
Not later than March 1, 1999, the Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall submit to Congress a report containing--
(1) the criteria to be used by the Secretary of a
military department to select utility systems, and
related improvements, easements, and rights-of-way,
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;
(2) an assessment of the need to include, as part
of the conveyance authority under such section,
authority for the Secretary to convey real property
associated with a utility system conveyed under such
section; and
(3) a description of the manner in which the
Secretary will ensure that any conveyance under such
section does not adversely affect the national security
of the United States.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. APPLICABILITY OF PROPERTY DISPOSAL LAWS TO LEASES AT
INSTALLATIONS TO BE CLOSED OR REALIGNED UNDER BASE
CLOSURE LAWS.
Section 2667(f)(1) of title 10, United States Code, is
amended by inserting after ``subsection (a)(3)'' the following:
``or the Federal Property and Administrative Services Act of
1949 (to the extent such Act is inconsistent with this
subsection)''.
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).
SEC. 2823. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA IN
CONNECTION WITH MCCLELLAN AIR FORCE BASE,
CALIFORNIA.
(a) Source of Payment.--Notwithstanding subsection (b) of
section 2906 of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), 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 of 1980 (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.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. MODIFICATION OF LAND CONVEYANCE, ARMY RESERVE CENTER,
YOUNGSTOWN, OHIO.
Section 2861(b) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104-106; 110
Stat. 573) is amended by striking out ``retain'' and all that
follows through the period at the end and inserting in lieu
thereof ``develop the parcel for educational purposes.''.
SEC. 2832. RELEASE OF INTERESTS IN REAL PROPERTY, FORMER KENNEBEC
ARSENAL, AUGUSTA, MAINE.
(a) Authority To Release.--The Secretary of the Army may
release, without consideration, all right, title, and interest
of the United States in and to the real property described in
subsection (b).
(b) Covered Property.--The real property referred to in
subsection (a) is the parcel of real property consisting of
approximately 40 acres located in Augusta, Maine, and formerly
known as the Kennebec Arsenal, which parcel was conveyed by the
Secretary of War to the State of Maine under the provisions of
the Act entitled ``An Act Authorizing the Secretary of War to
convey the Kennebec Arsenal property, situated in Augusta,
Maine, to the State of Maine for public purposes'', approved
March 3, 1905 (33 Stat. 1270), as amended by section 771 of the
Department of Defense Appropriations Act, 1981 (Public Law 96-
527; 94 Stat. 3093).
(c) Instrument of Release.--The Secretary of the Army shall
execute and file in the appropriate office a deed of release,
amended deed, or other appropriate instrument effectuating the
release of interests authorized by this section.
SEC. 2833. RELEASE, WAIVER, OR CONVEYANCE OF INTERESTS IN REAL
PROPERTY, FORMER REDSTONE ARMY ARSENAL PROPERTY,
ALABAMA.
(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
theUnited 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
(B) 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
released, waived, or conveyed 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. Any deed
conveying title to any portion of the real property described
in subsection (b) shall restrict the further use of the
conveyed property to purposes and uses consistent with the
master plan approved and certified as provided in subsection
(d), unless otherwise approved by the Secretary.
(3) Paragraph (2) does not prevent the Alabama Space
Science Exhibit Commission or any future deed holder of the
real property described in subsection (b) from giving a
mortgage with respect to any portion of the real property to
any person, except that any such mortgage shall provide that
the further use of the real property shall be restricted to
purposes and uses consistent with the master plan approved and
certified as provided in subsection (d), unless otherwise
approved by the Secretary.
SEC. 2834. CONVEYANCE OF UTILITY SYSTEMS, LONE STAR ARMY AMMUNITION
PLANT, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey all right, title, and interest of the United States in
and to any utility system, or part thereof, including any real
property associated with such system, at the Lone Star Army
Ammunition Plant, Texas, to the redevelopment authority for the
Red River Army Depot, Texas, in conjunction with the disposal
of property at the Depot under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
(b) Consideration.--As consideration for the conveyance
under subsection (a), the redevelopment authority shall pay to
the United States an amount equal to the fair market value of
the conveyed utility system and any real property conveyed as
part of the conveyance, as determined by an independent
appraisal satisfactory to the Secretary and paid for by the
redevelopment authority.
(c) Rule of Construction.--Nothing in subsection (a) may be
construed to prohibit or otherwise limit the Secretary from
conveying any utility system referred to in that subsection
under any other provision of law, including section 2688 of
title 10, United States Code.
(d) Utility System Defined.--In this section, the term
``utility system'' has the meaning given that term in section
2688(g) of title 10, United States Code.
SEC. 2835. CONVEYANCE OF WATER RIGHTS AND RELATED INTERESTS, ROCKY
MOUNTAIN ARSENAL, COLORADO, FOR PURPOSES OF
ACQUISITION OF PERPETUAL CONTRACTS FOR WATER.
(a) Conveyance Authorized.--Subject to subsection (c), the
Secretary of the Army may convey any and all interest of the
United States in the water rights and related rights at Rocky
Mountain Arsenal, Colorado, described in subsection (b) to the
City and County of Denver, Colorado, acting through its Board
of Water Commissioners.
(b) Covered Water Rights and Related Rights.--The water
rights and related rights authorized to be conveyed under
subsection (a) are the following:
(1) Any and all interest in 300 acre rights to
water from Antero Reservoir as set forth in Antero
Reservoir Contract No. 382 dated August 22, 1923, for
160 acre rights; Antero Reservoir Contract No. 383
dated August 22, 1923, for 50 acre rights; Antero
Reservoir Contract No. 384 dated October 30, 1923, for
40 acre rights; Antero Reservoir Contract No. 387 dated
March 3, 1923, for 50 acre rights; and Supplemental
Contract No. 382-383-384-387 dated July 24, 1932,
defining the amount of water to be delivered under the
300 acre rights in the prior contracts as 220 acre
feet.
(2) Any and all interest in the 305 acre rights of
water from the High Line Canal, diverted at its
headgateon the South Platte River and delivered to the
Fitzsimons Army Medical Center and currently subject to cost
assessments pursuant to Denver Water Department contract #001990.
(3) Any and all interest in the 2,603.55 acre
rights of water from the High Line Canal, diverted at
its headgate on the South Platte River and delivered to
the Rocky Mountain Arsenal in Adams County, Colorado,
and currently subject to cost assessments by the Denver
Water Department, including 680 acre rights transferred
from Lowry Field to the Rocky Mountain Arsenal by the
October 5, 1943, agreement between the City and County
of Denver, acting by and through its Board of Water
Commissioners, and the United States of America.
(4) Any and all interest in 4,058.34 acre rights of
water not currently subject to cost assessments by the
Denver Water Department.
(5) A new easement for the placement of water lines
approximately 50 feet wide inside the Southern boundary
of Rocky Mountain Arsenal and across the Reserve Center
along the northern side of 56th Avenue.
(6) A permanent easement for utilities where Denver
has an existing temporary easement near the southern
and western boundaries of Rocky Mountain Arsenal.
(c) Consideration.--(1) The Secretary of the Army may make
the conveyance under subsection (a) only if the Board of Water
Commissioners, on behalf of the City and County of Denver,
Colorado--
(A) enters into a permanent contract with the
Secretary of the Army for purposes of ensuring the
delivery of nonpotable water and potable water to Rocky
Mountain Arsenal; and
(B) enters into a permanent contract with the
Secretary of the Interior for purposes of ensuring the
delivery of nonpotable water and potable water to Rocky
Mountain Arsenal National Wildlife Refuge, Colorado.
(2) Section 2809(e) of title 10, United States Code, shall
not operate to limit the term of the contract entered into
under paragraph (1)(A).
(d) Requirement Relating to Conveyance.--The Secretary of
the Army may not make the conveyance authorized by subsection
(a) until the execution of the proposed agreement provided for
under subsection (c) between the City and County of Denver,
Colorado, acting through its Board of Water Commissioners, the
South Adams County Water and Sanitation District, the United
States Fish and Wildlife Service, and the Army.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of the
United States.
SEC. 2836. 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) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, includingany improvements thereon, shall revert to
the United States, and the United States shall have the right of
immediate entry onto the property. Any determination of the Secretary
under this subsection shall be made on the record after an opportunity
for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2837. 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) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2838. 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 real property,
including improvements thereon, that is located at 5693
Plymouth Road in Jamestown, Ohio, and contains an Army Reserve
Center, for the purpose of permitting the Greeneview Local
School District to retain and use the conveyed property for
educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Greeneview Local School District.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2839. LAND CONVEYANCE, ARMY RESERVE CENTER, PEORIA, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Peoria School District
#150 of Peoria, Illinois (in this section referred to as the
``School District''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of the Army Reserve Center
located at 1429 Northmoor Road in Peoria, Illinois, for the
purpose of permitting the School District to develop the parcel
for educational and transportation purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
School District.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2840. LAND CONVEYANCE, ARMY RESERVE CENTER, BRIDGTON, MAINE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Town of Bridgton, Maine
(in this section referred to as the ``Town''), all right,
title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately 3.65 acres and containing the Army Reserve Center
in Bridgton, Maine, for the purpose of permitting the Town 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
Town.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2841. LAND CONVEYANCE, FORT SHERIDAN, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Lake Forest, Illinois (in this section
referred to as the ``City''), all right, title, and interest,
of the United States in and to all or some portion of the
parcel of real property, including improvements thereon, at the
former Fort Sheridan, Illinois, consisting of approximately 14
acres and known as the northern Army Reserve enclave area.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall pay to the United Statesan
amount equal to not less than the fair market value of the real
property to be conveyed, as determined by the Secretary.
(c) Use of Proceeds.--In such amounts as are provided in
advance in appropriations Acts, the Secretary may use the funds
paid by the City under subsection (b) to provide for the
construction of replacement facilities and for the relocation
costs for Reserve units and activities affected by the
conveyance.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(e) Notice and Wait.--The Secretary may not make the
conveyance authorized by subsection (a) until 21 days after the
date on which the Secretary submits to the congressional
defense committees a certification that the relocation of the
Reserve units and activities affected by the conveyance is
consistent with an approved master plan for the consolidation
of Reserve activities in, or in the vicinity of, Chicago,
Illinois.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, SKANEATELES, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Town of Skaneateles, New
York (in this section referred to as the ``Town''), all right,
title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately 147.10 acres in Skaneateles, New York, and
commonly known as the ``Federal Farm'', for the purpose of
permitting the Town to develop the parcel for public benefit,
including for recreational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Town.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interest of the United States.
SEC. 2843. 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. Amounts so credited shall be merged with funds in such
appropriation, fund, or account and shall be available for the
same purposes and subject to the same limitations as the funds
with which merged.
(g) Description of Property.--The property to be conveyed
under subsection (a) includes the administrative area of the
Indiana Army Ammunition Plant as well as open space in the
southern end of the plant. The exact acreage and legal
description of the property to be conveyed shall be determined
by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Reuse Authority.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
(i) Additional Conveyance for Recreational Purposes.--
Section 2858(a) of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104-106; 110
Stat. 571), as amended by section 2838 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B
of 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. 2844. LAND CONVEYANCE, VOLUNTEER ARMY AMMUNITION PLANT,
CHATTANOOGA, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to Hamilton County, Tennessee (in this section referred
to as the ``County''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 1033 acres
located at the Volunteer Army Ammunition Plant, Chattanooga,
Tennessee, for the purpose of developing the parcel as an
industrial park to replace all or part of the economic activity
lost at the inactivated plant.
(b) Consideration.--Except as provided in subsection (d),
as consideration for the conveyance under subsection (a), the
County shall pay to the Secretary an amount equal to the fair
market value of the conveyed property as of the time of the
conveyance, determined by the Secretary in accordance with
Federal appraisal standards and procedures.
(c) Time for Payment.--The consideration required under
subsection (b) shall be paid by the County at the end of the
10-year period beginning on the date on which the conveyance
under subsection (a) is completed.
(d) Effect of Reconveyance or Lease.--(1) If the County
reconveys all or any part of the conveyed property during the
10-year period specified in subsection (c), the County shall
pay to the United States an amount equal to the fair market
value of the reconveyed property as of the time of the
reconveyance, excluding the value of any improvements made to
the property by the County, determined by the Secretary in
accordance with Federal appraisal standards and procedures.
(2) The Secretary may treat a lease of the property within
such 10-year period as a reconveyance if the Secretary
determines that the lease is being used to avoid application of
paragraph (1).
(e) Deposit of Proceeds.--The Secretary shall deposit any
proceeds received under subsection (b) or (d) in the special
account established pursuant to section 204(h)(2) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 485(h)(2)).
(f) Effect on Existing Leases.--The conveyance of the real
property under subsection (a) shall not affect the terms or
length of any contract entered into by the Secretary before the
date of the enactment of this Act with regard to the property
to be conveyed.
(g) Administrative Expenses.--In connection with the
conveyance under subsection (a), the Secretary may accept
amounts provided by the County or other persons to cover
administrative expenses incurred by the Secretary in making the
conveyance. Amounts received under this subsection for
administrative expenses shall be credited to the appropriation,
fund, or account from which the expenses were paid. Amounts so
credited shall be merged with funds in such appropriation,
fund, or account and shall be available for the same purposes
and subject to the same limitations as the funds with which
merged.
(h) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the County.
(i) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2845. 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 improvements thereon, consisting of
approximately 291 acres at the Stewart Army Sub-Post in New
Windsor, New York, for the purpose of permitting the Town to
develop the parcel for economic purposes.
(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) Conditions of Conveyance.--The conveyance authorized by
subsection (a) may only be made subject to the following
conditions:
(1) The Town must agree to provide connections to
the local wastewater and sewage treatment system for
allexisting and future improvements to the parcels of
real property referred to in subsection (b).
(2) The Town must agree to provide wastewater and
sewage treatment service to such parcels at a rate
established by the appropriate Federal or State
regulatory authority.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Town.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
PART II--NAVY CONVEYANCES
SEC. 2851. CONVEYANCE OF 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 grant of an
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 Beaches under Interstate Route 5 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 granted 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 grant of an easement under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2852. LAND EXCHANGE, NAVAL RESERVE READINESS CENTER, PORTLAND,
MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey to the Gulf of Maine Aquarium Development
Corporation, Portland, Maine (in this section referred to as
the ``Corporation''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 3.72 acres in
Portland, Maine, and containing the Naval Reserve Readiness
Center, Portland, Maine, for the purpose of permitting the
Corporation to use the parcel for economic development and as
the site for an aquarium and marine research facility.
(2) As part of the conveyance under paragraph (1), the
Secretary shall also convey to the Corporation any interest of
the United States in the submerged lands adjacent to the real
property conveyed under that paragraph that is appurtenant to
the real property conveyed under that paragraph.
(b) Provision of Replacement Facilities.--As consideration
for the conveyance authorized by subsection (a), the
Corporation shall design and construct such facilities as the
Secretary determines appropriate for the Naval Reserve to
replace the facilities conveyed under that subsection.
(c) Location of Replacement Facilities.--(1) To provide a
location for the replacement facilities required under
subsection (b), the Corporation shall--
(A) convey to the United States all right, title,
and interest in and to a parcel of real property
determined by the Secretary to be an appropriate
location for such facilities; or
(B) design and construct such facilities on such
parcel of real property under the jurisdiction of the
Secretary as the Secretary shall specify.
(2) The Secretary shall select the alternative provided
under paragraph (1) to be used by the Corporation.
(d) Notice and Wait.--The Secretary may not make the
conveyance authorized by subsection (a) until 21 days after the
date on which the Secretary submits to the congressional
defense committees a report specifying the terms and conditions
under which the conveyance will occur.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1), of any interest to be conveyed under
subsection (a)(2), and of the real property, if any, to be
conveyed under subsection (c)(1)(A) shall be determined by
surveys satisfactory to the Secretary. The cost of the surveys
shall be borne by the Corporation.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2853. LAND CONVEYANCE, NAVAL AND MARINE CORPS RESERVE FACILITY,
YOUNGSTOWN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the City of Youngstown, Ohio
(in this section referred to as the ``City''), all right,
title, and interest of the United States in and to a parcel of
real property, including improvements thereon, that is located
at 315 East Laclede Avenue in Youngstown, Ohio, and is the
location of a Naval and Marine Corps Reserve facility, for the
purpose of permitting the City to use the parcel for
educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2854. LAND CONVEYANCE, NAVAL AIR RESERVE CENTER, MINNEAPOLIS,
MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the Minneapolis-St. Paul Metropolitan Airports
Commission, Minnesota (in this section referred to as the
``Commission''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 32 acres
located in Minneapolis, Minnesota, and comprising the Naval Air
Reserve Center, Minneapolis, Minnesota, for the purpose of
facilitating the expansion of the Minneapolis-St. Paul
International Airport.
(b) Alternative Lease Authority.--In lieu of the conveyance
authorized by subsection (a), the Secretary may electto lease
the property referred to in that subsection to the Commission if the
Secretary determines that a lease of the property would better serve
the interests of the United States.
(c) Provision of Replacement Facilities.--As consideration
for the conveyance under subsection (a), or the lease under
subsection (b), the Commission shall--
(1) provide for such facilities as the Secretary
considers appropriate for the Naval Reserve to replace
the facilities conveyed or leased under this section;
(2) assume the costs of designing and constructing
such replacement facilities, as may be acceptable to
the Secretary; and
(3) assume any costs incurred by the Secretary in
relocating the operations of the Naval Air Reserve
Center to such replacement facilities.
(d) Location of Replacement Facilities.--To provide a
location for the replacement facilities required under
subsection (c), the Commission may--
(1) convey to the United States all right, title,
and interest in and to a parcel of real property
determined by the Secretary to be an appropriate
location for such facilities, if the Secretary elects
to make the conveyance authorized by subsection (a); or
(2) lease to the United States a parcel of real
property determined by the Secretary to be an
appropriate location for such facilities, if the
Secretary elects to make the lease authorized by
subsection (b).
(e) Availability of Replacement Facilities.--The Secretary
may not make the conveyance authorized by subsection (a), or
enter into the lease authorized by subsection (b), until the
replacement facilities required by subsection (c) are available
for the relocation of the operations of the Naval Air Reserve
Center.
(f) Agreement Relating to Conveyance.--(1) If the Secretary
determines to proceed with the conveyance authorized by
subsection (a), or the lease authorized by subsection (b), the
Secretary and the Commission shall enter into an agreement
specifying the terms and conditions under which the conveyance
or lease will occur.
(2) The Secretary may not enter into the agreement under
paragraph (1) until 21 days after the date on which the
Secretary submits to the congressional defense committees a
report specifying the terms and conditions under which the
conveyance or lease will occur.
(g) Description of Property.--The exact acreage and legal
description of the real property to be conveyed to the
Commission under subsection (a), or leased to the Commission
under subsection (b), and the exact acreage and legal
description of the real property to be conveyed or leased under
subsection (d) to the United States, shall be determined by
surveys satisfactory to the Secretary. The cost of the surveys
shall be borne by the Commission.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a), or the lease under
subsection (b), as the Secretary considers appropriate to
protect the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. MODIFICATION OF LAND CONVEYANCE, EGLIN AIR FORCE BASE,
FLORIDA.
Section 809(c) of the Military Construction Authorization
Act, 1979 (Public Law 95-356; 92 Stat. 587), as amended by
section 2826 of the Military Construction Authorization Act,
1989 (division B of Public Law 100-456; 102 Stat. 2123), is
further amended by striking out ``and a third parcel containing
forty-two acres'' and inserting in lieu thereof ``, a third
parcel containing forty-two acres, a fourth parcel containing
approximately 3.43 acres, and a fifth parcel containing
approximately 0.56 acres''.
SEC. 2862. MODIFICATION OF LAND CONVEYANCE, FINLEY AIR FORCE STATION,
NORTH DAKOTA.
Section 2835 of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103-337; 108
Stat. 3063) is amended--
(1) by striking out subsections (a), (b), and (c)
and inserting in lieu thereof the following new
subsections:
``(a) Conveyance Authorized.--The Secretary of the Air
Force may convey, without consideration, to the City of Finley,
North Dakota (in this section referred to as the `City'), all
right, title, and interest of the United States in and to the
parcels of real property, including improvements thereon, in
the vicinity of Finley, North Dakota, described in subsection
(b), for the purpose of permitting the City to use the parcels
for economic development.
``(b) Covered Parcels.--The parcels of real property
authorized for conveyance under subsection (a) are as follows:
``(1) A parcel of approximately 14 acres that
served as the support complex of the Finley Air Force
Station and Radar Site.
``(2) A parcel of approximately 57 acres known as
the Finley Air Force Station Complex.
``(3) A parcel of approximately 6 acres that
includes a well site and wastewater treatment system.
``(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.''; and
(2) in subsections (d) and (e), by striking out
``subsection (a)(1)'' and inserting in lieu thereof
``subsection (a)''.
SEC. 2863. LAND CONVEYANCE, LAKE CHARLES AIR FORCE STATION, LOUISIANA.
(a) Conveyance 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 acres 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) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2864. LAND CONVEYANCE, AIR FORCE HOUSING FACILITY, LA JUNTA,
COLORADO.
(a) Conveyance Authorized.--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, for the purpose of permitting
theCity to develop the conveyed property for housing and educational
purposes.
(b) 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.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2871. MODIFICATION OF AUTHORITY RELATING TO DEPARTMENT OF DEFENSE
LABORATORY REVITALIZATION DEMONSTRATION PROGRAM.
(a) Program Requirements.--Subsection (c) of section 2892
of the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104-106; 110 Stat. 590; 10
U.S.C. 2805 note) is amended to read as follows:
``(c) Program Requirements.--(1) Not later than 30 days
before commencing the program, the Secretary shall establish
procedures for the review and approval of requests from
Department of Defense laboratories for construction under the
program.
``(2) The laboratories at which construction may be carried
out under the program may not include Department of Defense
laboratories that are contractor-owned.''.
(b) Report.--Subsection (d) of that section is amended to
read as follows:
``(d) Report.--Not later than February 1, 2003, the
Secretary shall submit to Congress a report on the program. The
report shall include the Secretary's conclusions and
recommendation regarding the desirability of making the
authority set forth under subsection (b) permanent.''.
(c) Extension.--Subsection (g) of that section is amended
by striking out ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 2003''.
SEC. 2872. 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. 2873. MODIFICATION OF DEMONSTRATION PROJECT FOR PURCHASE OF FIRE,
SECURITY, POLICE, PUBLIC WORKS, AND UTILITY
SERVICES FROM LOCAL GOVERNMENT AGENCIES.
Section 816 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820), as
amended by section 352 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2491),
is further amended--
(1) in subsection (a), by striking out ``,
beginning October 1, 1994,'';
(2) in subsection (b), by striking out ``and 1998''
and inserting in lieu thereof ``through 2000''; and
(3) by adding at the end the following new
subsection:
``(c) Duration of Project.--The authority to purchase or
receive services under the demonstration project shall expire
on September 30, 2000.''.
SEC. 2874. 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''.
TITLE XXIX--JUNIPER BUTTE RANGE WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation.
Sec. 2903. Map and legal description.
Sec. 2904. Agency agreement.
Sec. 2905. Right-of-way grants.
Sec. 2906. Indian sacred sites.
Sec. 2907. Actions concerning ranching operations in withdrawn area.
Sec. 2908. Management of withdrawn and reserved lands.
Sec. 2909. Integrated natural resource management plan.
Sec. 2910. Memorandum of understanding.
Sec. 2911. Maintenance of roads.
Sec. 2912. Management of withdrawn and acquired mineral resources.
Sec. 2913. Hunting, fishing, and trapping.
Sec. 2914. Water rights.
Sec. 2915. Duration of withdrawal.
Sec. 2916. Environmental remediation of relinquished withdrawn lands or
upon termination of withdrawal.
Sec. 2917. Delegation of authority.
Sec. 2918. Hold harmless.
Sec. 2919. Authorization of appropriations.
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Juniper Butte Range
Withdrawal Act''.
SEC. 2902. WITHDRAWAL AND RESERVATION.
(a) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this title, the lands at the
Juniper Butte Range, Idaho, referred to in subsection (c), are
withdrawn from all forms of appropriation under the public land
laws, including the mining laws and the mineral and geothermal
leasing laws but not the Act of July 31, 1947 (commonly known
as the Materials Act of 1947; 30 U.S.C. 601 et seq.).
(b) Reserved Uses.--The lands withdrawn under subsection
(a) are reserved for use by the Secretary of the Air Force
for--
(1) a high hazard training area;
(2) dropping non-explosive training ordnance with
spotting charges;
(3) electronic warfare and tactical maneuvering and
air support; and
(4) other defense-related purposes consistent with
the purposes specified in paragraphs (1), (2), and (3),
including continued natural resource management and
environmental remediation in accordance with section
2916.
(c) Site Development Plans.--(1) Site development plans
shall be prepared before construction.
(2) Site development plans shall be incorporated in the
integrated natural resource management plan developed under
section 2909.
(3) Except in the case of any minimal improvements,
development on the withdrawn lands of any facilities beyond
those proposed and analyzed in the Environmental Impact
Statement concerning Enhanced Training in Idaho, prepared by
the Secretary of the Air Force, the Record of Decision dated
March 10, 1998, concerning Enhanced Training in Idaho, prepared
by the Secretary of the Air Force, and the site development
plans shall be contingent upon review and approval of the Idaho
State Director of the Bureau of Land Management.
(d) General Description.--(1) The public lands withdrawn
and reserved by this section comprise approximately 11,300
acres of public land in Owhyee County, Idaho, as generally
depicted on the map entitled ``Juniper Butte Range Withdrawal--
Proposed'', dated June 1998, that will be filed in accordance
with section 2903.
(2) The withdrawal is for an approximately 10,600-acre
tactical training range, a 640-acre no-drop target site, four
5-acre no-drop target sites and nine 1-acre electronic threat
emitter sites.
SEC. 2903. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of
the enactment of this Act, the Secretary of the Interior
shall--
(1) publish in the Federal Register a notice
containing the legal description of the lands withdrawn
and reserved by this title; and
(2) file a map or maps and the legal description of
the lands withdrawn and reserved by this title with the
Committee on Energy and Natural Resources of the Senate
and with the Committee on Resources of the House of
Representatives.
(b) Incorporation by Reference.--Such maps and legal
description shall have the same force and effect as if included
in this title.
(c) Correction of Errors.--The Secretary of the Interior
may correct clerical and typographical errors in such map or
maps and legal description.
(d) Availability.--Copies of such map or maps and the legal
description shall be available for public inspection in the
following offices:
(1) The office of the Idaho State Director of the
Bureau of Land Management.
(2) The offices of the managers of the Lower Snake
River District, Bureau Field Office and Jarbidge Field
Office of the Bureau of Land Management.
(3) The Office of the commander of Mountain Home
Air Force Base, Idaho.
(e) Utilization of Air Force Descriptions and Maps.--To the
extent practicable, the Secretary of the Interior shall adopt
the legal description and maps prepared by the Secretary of the
Air Force in support of this title.
(f) Reimbursement of Costs.--The Secretary of the Air Force
shall reimburse the Secretary of the Interior for the costs
incurred by the Department of the Interior in implementing this
section.
SEC. 2904. AGENCY AGREEMENT.
(a) Findings.--Congress makes the following findings:
(1) The Bureau of Land Management and the Air Force
have agreed upon additional mitigation measures
associated with this land withdrawal as specified in
the ``ENHANCED TRAINING IN IDAHO Memorandum of
Understanding Between The Bureau of Land Management and
The United States Air Force'' dated June 11, 1998.
(2) This agreement specifies that these mitigation
measures will be adopted as part of the Air Force's
Record of Decision for Enhanced Training in Idaho.
(3) Congress endorses this collaborative effort
between the agencies and directs that the agreement be
implemented.
(b) Modification.--The parties may, in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), mutually agree to modify the mitigation measures
specified in the agreement in light of experience gained
through the actions called for in the agreement or as a result
of changed military circumstances.
(c) Construction.--Neither the agreement, any modification
thereof, nor this section creates any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies,
its officers, or any person.
SEC. 2905. RIGHT-OF-WAY GRANTS.
In addition to the withdrawal under section 2902 and in
accordance with all applicable laws, the Secretary of the
Interior shall process and grant the Secretary of the Air Force
rights-of-way using the Department of the Interior regulations
and policies in effect at the time of filing applications for
the one-quarter acre electronic warfare threat emitter sites,
roads, powerlines, and other ancillary facilities as described
and analyzed in the Enhanced Training in Idaho Final
Environmental Impact Statement, dated January 1998.
SEC. 2906. INDIAN SACRED SITES.
(a) Management.--(1) In the management of the Federal lands
withdrawn and reserved by this title, the Air Force shall, to
the extent practicable and not clearly inconsistent with
essential agency functions--
(A) accommodate access to and ceremonial use of
Indian sacred sites by Indian religious practitioners;
and
(B) avoid adversely affecting the integrity of such
sacred sites.
(2) The Secretary of the Air Force shall maintain the
confidentiality of such sites where appropriate.
(b) Consultation.--The commander of Mountain Home Air Force
Base, Idaho, shall regularly consult with the Tribal Chairman
of the Shoshone-Paiute Tribes of the Duck Valley Reservation to
assure that tribal government rights and concerns are fully
considered during the development of the Juniper Butte Range.
(c) Definitions.--In this section:
(1) The term ``sacred site'' shall mean any
specific, discrete, narrowly delineated location on
Federal land that is identified by an Indian tribe, or
Indian individual determined to be an appropriately
authoritative representative of an Indian religion, as
sacred by virtue of its established religious
significance to, or ceremonial use by, an Indian
religion but only to the extent that the tribe or
appropriately authoritative representative of an Indian
religion has informed the Air Force of the existence of
such a site.
(2) The term ``Indian tribe'' means an Indian or
Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a-1).
(3) The term ``Indian'' refers to a member of an
Indian tribe.
SEC. 2907. ACTIONS CONCERNING RANCHING OPERATIONS IN WITHDRAWN AREA.
(a) Authority To Conclude and Implement Agreements.--The
Secretary of the Air Force is authorized and directed to, upon
such terms and conditions as the Secretary of the Air Force
considers just and in the national interest, conclude and
implement agreements with the grazing permittees to provide
appropriate consideration, including future grazing
arrangements.
(b) Implementation.--(1) Upon the conclusion of these
agreements, the Assistant Secretary of the Interior for Land
and Minerals Management shall grant rights-of-way and approvals
and take such actions as are necessary to implement promptly
this title and the agreements with the grazing permittees.
(2) The Secretary of the Air Force and the Secretary of the
Interior shall allow the grazing permittees for lands withdrawn
and reserved by this title to continue their activities on the
lands in accordance with the permits and their applicable
regulations until the Secretary of the Air Force has fully
implemented the agreement with the grazing permittees under
this section.
(3) Upon the implementation of these agreements, the Bureau
of Land Management is authorized and directed, subject to the
limitations included in this section, to terminate grazing on
the lands withdrawn.
SEC. 2908. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
(a) In General.--Except as provided in section 2916(d),
during the withdrawal and reservation of any lands under this
title, the Secretary of the Air Force shall manage such lands
for purposes relating to the uses set forth in section 2902(b).
(b) Management According To Plan.--The lands withdrawn and
reserved by this title shall be managed in accordance with the
provisions of this title under the integrated natural resources
management plan prepared under section 2909.
(c) Authority To Close Land.--(1) If the Secretary of the
Air Force determines that military operations, public safety,
or the interests of national security require the closure to
public use of any road, trail, or other portion of the lands
withdrawn by this title that are commonly in public use, the
Secretary of the Air Force may take such action.
(2) Closures under paragraph (1) shall be limited to the
minimum areas and periods required for the purposes specified
in this subsection.
(3) During closures, the Secretary of the Air Force shall
keep appropriate warning notices posted and take appropriate
steps to notify the public about the closures.
(d) Lease Authority.--The Secretary of the Air Force may
enter into leases for State lands with the State of Idaho in
support of the Juniper Butte Range and operations at the
Juniper Butte Range.
(e) Prevention and Suppression of Fire.--(1) The Secretary
of the Air Force shall take appropriate precautions to prevent
and suppress brush fires and range fires that occur within the
boundaries of the Juniper Butte Range, as well as brush and
range fires occurring outside the boundaries of the Range
resulting from military activities.
(2) Notwithstanding section 2465 of title 10, United States
Code, the Secretary of the Air Force may obligate funds
appropriated or otherwise available to the Secretary to enter
into contracts for fire-fighting.
(3)(A) The memorandum of understanding under section 2910
shall provide for the Bureau of Land Management to assist the
Secretary of the Air Force in the suppression of the fires
described in paragraph (1).
(B) The memorandum of understanding shall provide that the
Secretary of the Air Force reimburse the Bureau of Land
Management for any costs incurred by the Bureau of Land
Management under this paragraph.
(f) Use of Mineral Materials.--Notwithstanding any other
provision of this title or the Act of July 31, 1947 (commonly
known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the
Secretary of the Air Force may use, from the lands withdrawn
and reserved by this title, sand, gravel, or similar mineral
material resources of the type subject to disposition under the
Act of July 31, 1947, when the use of such resources is
required for construction needs of the Juniper Butte Range.
SEC. 2909. INTEGRATED NATURAL RESOURCE MANAGEMENT PLAN.
(a) Requirement.--(1)(A) Not later than 2 years after the
date of the enactment of this Act, the Secretary of the Air
Force shall, in cooperation with the Secretary of the Interior,
the State of Idaho, and Owyhee County, Idaho, develop an
integrated natural resources management plan to address the
management of the resources of the lands withdrawn and reserved
by this title during their withdrawal and reservation under
this title.
(B) Additionally, the integrated natural resource
management plan shall address mitigation and monitoring
activities by the Air Force for State and Federal lands
affected by military training activities associated with the
Juniper Butte Range.
(C) The foregoing will be done cooperatively between the
Air Force, the Bureau of Land Management, the State of Idaho,
and Owyhee County, Idaho.
(2) Except as otherwise provided under this title, the
integrated natural resources management plan under this section
shall be developed in accordance with, and meet the
requirements of, section 101 of the Sikes Act (16 U.S.C. 670a).
(3)(A) Site development plans shall be prepared before
construction of facilities.
(B) Such plans shall be reviewed by the Bureau of Land
Management, for Federal lands, and the State of Idaho, for
State lands, for consistency with the proposal assessed in the
Enhanced Training in Idaho Environmental Impact Statement.
(C) The portion of such development plans describing
reconfigurable or replacement targets may be conceptual.
(b) Elements.--The integrated natural resources management
plan under subsection (a) shall--
(1) include provisions for the proper management
and protection of the natural, cultural, and other
resources and values of the lands withdrawn and
reserved by this title and for the use of such
resources in a manner consistent with the uses set
forth in section 2902(b);
(2) permit livestock grazing at the discretion of
the Secretary of the Air Force in accordance with
section 2907 or any other authorities relating to
livestock grazing that are available to that Secretary;
(3) permit fencing, water pipeline modifications
and extensions, and the construction of aboveground
water reservoirs, and the maintenance and repair of
these items on the lands withdrawn and reserved by this
title, and onother lands under the jurisdiction of the
Bureau of Land Management; and
(4) otherwise provide for the management by the
Secretary of the Air Force of any lands withdrawn and
reserved by this title while retained under the
jurisdiction of that Secretary under this title.
(c) Periodic Review.--The Secretary of the Air Force shall,
in cooperation with the Secretary of the Interior and the State
of Idaho, review the adequacy of the provisions of the
integrated natural resources management plan developed under
this section at least once every 5 years after the effective
date of the plan.
SEC. 2910. MEMORANDUM OF UNDERSTANDING.
(a) Requirement.--The Secretary of the Air Force, the
Secretary of the Interior, and the Governor of the State of
Idaho shall jointly enter into a memorandum of understanding to
implement the integrated natural resources management plan
required under section 2909.
(b) Term.--The memorandum of understanding under subsection
(a) shall apply to any lands withdrawn and reserved by this
title until their relinquishment by the Secretary of the Air
Force under this title.
(c) Modification.--The memorandum of understanding under
subsection (a) may be modified by agreement of all the parties
specified in that subsection.
SEC. 2911. MAINTENANCE OF ROADS.
The Secretary of the Air Force shall enter into agreements
with the Owyhee County Highway District, Idaho, and the Three
Creek Good Roads Highway District, Idaho, under which the
Secretary of the Air Force shall pay the costs of road
maintenance incurred by such districts that are attributable to
operations of the Department of the Air Force associated with
the Juniper Butte Range.
SEC. 2912. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL RESOURCES.
Except as provided in subsection 2908(f), the Secretary of
the Interior shall manage all withdrawn and acquired mineral
resources within the boundaries of the Juniper Butte Range in
accordance with the Act of February 28, 1958 (commonly known as
the Engle Act; 43 U.S.C. 155 et seq.).
SEC. 2913. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
and reserved by this title shall be conducted in accordance
with section 2671 of title 10, United States Code.
SEC. 2914. WATER RIGHTS.
(a) Limitation.--The Secretary of the Air Force shall not
seek or obtain any water rights associated with any water
pipeline modified or extended, or aboveground water reservoir
constructed, for purposes of consideration under section 2907.
(b) New Rights.--(1) Nothing in this title shall be
construed to establish a reservation in favor of the United
States with respect to any water or water right on the lands
withdrawn and reserved by this title.
(2) Nothing in this title shall be construed to authorize
the appropriation of water on the lands withdrawn and reserved
by this title by the United States after the date of the
enactment of this Act unless such appropriation is carried out
in accordance with the laws of the State of Idaho.
(c) Applicability.--This section may not be construed to
affect any water rights acquired by the United States before
the date of the enactment of this Act.
SEC. 2915. DURATION OF WITHDRAWAL.
(a) Termination--(1) Except as otherwise provided in this
section and section 2916, the withdrawal and reservation made
by this title shall terminate 25 years after the date of the
enactment of this Act.
(2) At the time of termination, the previously withdrawn
lands shall not be open to the general land laws, including the
mining laws and the mineral and geothermal leasing laws, until
the Secretary of the Interior publishes in the Federal Register
an appropriate order which shall state the date upon which such
lands shall be opened.
(b) Relinquishment.--(1) If the Secretary of the Air Force
determines under subsection (c) that the Air Force hasno
continuing military need for any lands withdrawn and reserved by this
title, the Secretary of the Air Force shall submit to the Secretary of
the Interior a notice of intent to relinquish jurisdiction over such
lands to the Secretary of the Interior.
(2) The Secretary of the Interior may accept jurisdiction
over any lands covered by a notice of intent to relinquish
jurisdiction under paragraph (1) if the Secretary of the
Interior determines that the Secretary of the Air Force has
completed the environmental review required under section
2916(a) and the conditions under section 2916(c) have been met.
(3) If the Secretary of the Interior decides to accept
jurisdiction over lands under paragraph (2) before the date of
termination, as provided for in subsection (a)(1), the
Secretary of the Interior shall publish in the Federal Register
an appropriate order which shall--
(A) revoke the withdrawal and reservation of such
lands under this title;
(B) constitute official acceptance of
administrative jurisdiction over the lands by the
Secretary of the Interior; and
(C) state the date upon which such lands shall be
opened to the operation of the general land laws,
including the mining laws and the mineral and
geothermal leasing laws, if appropriate.
(4) The Secretary of the Interior shall manage any lands
relinquished under this subsection as multiple use status
lands.
(5) If the Secretary of the Interior declines pursuant to
subsection (b)(2) to accept jurisdiction of any parcel of land
proposed for relinquishment, that parcel shall remain under the
continued administration of the Secretary of the Air Force
pursuant to section 2916(d).
(c) Extension.--(1) In the case of any lands withdrawn and
reserved by this title that the Air Force proposes to include
in a notice of extension because of continued military need
under paragraph (2), the Secretary of the Air Force shall,
before issuing the notice under paragraph (2)--
(A) evaluate the environmental effects of the
extension of the withdrawal and reservation of such
lands in accordance with all applicable laws and
regulations; and
(B) hold at least one public meeting in the State
of Idaho regarding that evaluation.
(2)(A) Not later than 2 years before the termination of the
withdrawal and reservation of lands by this title under
subsection (a), the Secretary of the Air Force shall notify
Congress and the Secretary of the Interior as to whether or not
the Air Force has a continuing military need for any of the
lands withdrawn and reserved by this title, and not previously
relinquished under this section, after the termination date as
specified in subsection (a).
(B)(i) The Secretary of the Air force shall specify in the
notice under subparagraph (A) the duration of any extension or
further extension of withdrawal and reservation of such lands
under this title.
(ii) The duration of each extension or further extension
under clause (i) shall not exceed 25 years.
(C) The notice under subparagraph (A) shall be published in
the Federal Register and a newspaper of local distribution with
the opportunity for comments, within a 60-day period, which
shall be provided to the Secretary of the Air Force and the
Secretary of the Interior.
(3)(A) Subject to subparagraph (B), in the case of any
lands withdrawn and reserved by this title that are covered by
a notice of extension under subsection (c)(2), the withdrawal
and reservation of such lands shall extend under the provisions
of this title after the termination date otherwise provided for
under subsection (a) for such period as is specified in the
notice under subsection (c)(2).
(B) Subparagraph (A) shall not apply with respect to any
lands covered by a notice referred to in that paragraph until
90 legislative days after the date on which the notice with
respect to such lands is submitted to Congress under paragraph
(2).
SEC. 2916. ENVIRONMENTAL REMEDIATION OF RELINQUISHED WITHDRAWN LANDS OR
UPON TERMINATION OF WITHDRAWAL.
(a) Environmental Review.--(1) Before submitting under
section 2915 a notice of an intent to relinquish jurisdiction
over lands withdrawn and reserved by this title, and in all
cases not later than 2 years before the date of termination of
withdrawal and reservation, the Secretary of the Air Force
shall, in consultation with the Secretary of the Interior,
complete a review that fully characterizes the environmental
conditions of such lands (including any water and air
associated with such lands) in order to identify any
contamination on such lands.
(2) The Secretary of the Air Force shall submit to the
Secretary of the Interior a copy of the review prepared with
respect to any lands under paragraph (1). The Secretary of the
Air Force shall also submit at the same time any notice of
intent to relinquish jurisdiction over such lands under section
2915.
(3) The Secretary of the Air Force shall submit a copy of
any such review to Congress.
(b) Environmental Remediation of Lands.--The Secretary of
the Air Force shall, in accordance with applicable State and
Federal law, carry out and complete environmental remediation--
(1) before relinquishing jurisdiction to the
Secretary of the Interior over any lands identified in
a notice of intent to relinquish under section 2915(b);
or
(2) before the date of termination of the
withdrawal and reservation, except as provided under
subsection (d).
(c) Postponement of Relinquishment.--The Secretary of the
Interior shall not accept jurisdiction over any lands that are
the subject of activities under subsection (b) until the
Secretary of the Interior determines that environmental
conditions on the lands are such that--
(1) all necessary environmental remediation has
been completed by the Secretary of the Air Force;
(2) the lands are safe for nonmilitary uses; and
(3) the lands could be opened consistent with the
Secretary of the Interior's public land management
responsibilities.
(d) Jurisdiction When Withdrawal Terminates.--If the
determination required by section (c) cannot be achieved for
any parcel of land subject to the withdrawal and reservation
before the termination date of the withdrawal and reservation,
the Secretary of the Air Force shall retain administrative
jurisdiction over such parcels of land notwithstanding the
termination date for the limited purposes of--
(1) environmental remediation activities under
subsection (b); and
(2) any activities relating to the management of
such lands after the termination of the withdrawal
reservation for military purposes that are provided for
in the integrated natural resources management plan
under section 2909.
(e) Effect on Other Laws.--Nothing in this title shall
affect, or be construed to affect, the obligations, if any, of
the Secretary of the Air Force to decontaminate lands withdrawn
by this title pursuant to applicable law, including the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2917. DELEGATION OF AUTHORITY.
(a) Department of the Air Force Functions.--Except for
executing the agreement referred to in section 2907, the
Secretary of the Air Force may delegate that Secretary's
functions under this title.
(b) Department of the Interior Functions.--(1) Except as
provided in paragraph (2), the Secretary of the Interior may
delegate that Secretary's functions under this title.
(2) The order referred to in section 2915(b)(3) may be
approved and signed only by the Secretary of the Interior, the
Deputy Secretary of the Interior, or an Assistant Secretary of
the Interior.
(3) The approvals granted by the Bureau of Land Management
shall be pursuant to the decisions of the Secretary of the
Interior, or the Assistant Secretary for Land and Minerals
Management.
SEC. 2918. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal
leasing activity on lands withdrawn and reserved by this title
shall indemnify the United States against any costs, fees,
damages, or other liabilities (including costs of litigation)
incurred by the United States and arising from or relating to
such mining activities, including costs of mineral materials
disposal, whether arising under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), or otherwise.
SEC. 2919. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Permanent extension of funding prohibition relating to
international cooperative stockpile stewardship.
Sec. 3132. Support of ballistic missile defense activities of the
Department of Defense.
Sec. 3133. Nonproliferation activities.
Sec. 3134. Licensing of certain mixed oxide fuel fabrication and
irradiation facilities.
Sec. 3135. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3136. Authority for Department of Energy federally funded research
and development centers to participate in merit-based
technology research and development programs.
Sec. 3137. Activities of Department of Energy facilities.
Sec. 3138. Hanford overhead and service center costs.
Sec. 3139. Hanford waste tank cleanup program reforms.
Sec. 3140. Hanford Health Information Network.
Sec. 3141. Hazardous materials management and emergency response
training program.
Sec. 3142. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3143. Relocation of National Atomic Museum, Albuquerque, New
Mexico.
Sec. 3144. Tritium production.
Subtitle D--Other Matters
Sec. 3151. Study and plan relating to worker and community transition
assistance.
Sec. 3152. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3153. Requirement for plan to modify employment system used by
Department of Energy in defense environmental management
programs.
Sec. 3154. Department of Energy nuclear materials couriers.
Sec. 3155. Increase in maximum rate of pay for scientific, engineering,
and technical personnel responsible for safety at defense
nuclear facilities.
Sec. 3156. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3157. Repeal of fiscal year 1998 statement of policy on stockpile
stewardship program.
Sec. 3158. Report on stockpile stewardship criteria.
Sec. 3159. Panel to assess the reliability, safety, and security of the
United States nuclear stockpile.
Sec. 3160. International cooperative information exchange.
Sec. 3161. Protection against inadvertent release of Restricted Data and
Formerly Restricted Data.
Sec. 3162. Sense of Congress regarding treatment of Formerly Utilized
Sites Remedial Action Program under a nondefense discretionary
budget function.
Sec. 3163. Reports relating to tritium production.
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 $4,511,600,000, 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
$2,148,375,000, 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 facilities, 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, $59,000,000, to be allocated as
follows:
(i) For technology partnership,
$50,000,000.
(ii) For education, $9,000,000.
(2) Stockpile management.--Funds are hereby
authorized to be appropriated to the Department of
Energyfor fiscal year 1999 for stockpile management in
carrying out weapons activities necessary for national security
programs in the amount of $2,113,225,000, to be allocated as follows:
(A) For operation and maintenance,
$2,014,303,000.
(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), $98,922,000, to be allocated
as follows:
Project 99-D-122, rapid
reactivation, various locations,
$11,200,000.
Project 99-D-123, replace
mechanical utility systems, Y-12 Plant,
Oak Ridge, Tennessee, $1,900,000.
Project 99-D-125, replace boilers
and controls, Kansas City Plant, Kansas
City, Missouri, $1,000,000.
Project 99-D-127, stockpile
management restructuring initiative,
Kansas City Plant, Kansas City,
Missouri, $13,700,000.
Project 99-D-128, stockpile
management restructuring initiative,
Pantex Plant 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 facility 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, $3,764,000.
Project 97-D-123, structural
upgrades, Kansas City Plant, Kansas
City, Missouri, $6,400,000.
Project 96-D-122, sewage treatment
quality upgrade, Pantex Plant,
Amarillo, Texas, $3,700,000.
Project 95-D-102, chemistry and
metallurgy research building upgrades,
Los Alamos National Laboratory, Los
Alamos, New Mexico, $5,000,000.
Project 93-D-122, life safety
upgrades, Y-12 Plant, Oak Ridge,
Tennessee, $3,250,000.
(3) Program direction.--Funds are hereby authorized
to be appropriated to the Department of Energy for
fiscal year 1999 for program direction in carrying out
weapons activities necessary for national security
programs in the amount of $250,000,000.
(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 $13,600,000.
(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 $178,900,000, 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
$5,446,143,000, 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 $1,038,240,000.
(2) Site project and completion.--For site project
and completion in carrying out environmental
restoration and waste management activities necessary
for national security programs in the amount of
$1,067,253,000, to be allocated as follows:
(A) For operation and maintenance,
$868,090,000.
(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.
(3) Post-2006 completion.--For post-2006 project
completion in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $2,744,451,000, to
be allocated as follows:
(A) For operation and maintenance,
$2,663,195,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of
projectsauthorized 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.
(4) Science and technology.--For science and
technology in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $250,000,000.
(5) Program direction.--For program direction in
carrying out environmental restoration and waste
management activities necessary for national security
programs in the amount of $346,199,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1), (2)(A), (3)(A), (4),
and (5) of subsection (a) is the sum of the amounts authorized
to be appropriated in those paragraphs, reduced by $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 $1,716,160,000, to be
allocated as follows:
(1) Nonproliferation and national security.--For
nonproliferation and national security, $699,300,000,
to be allocated as follows:
(A) For verification and control
technology, $503,500,000, 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,
$36,600,000.
(B) For nuclear safeguards and security,
$53,200,000.
(C) For security investigations,
$30,000,000.
(D) For emergency management, $23,700,000.
(E) For program direction, $88,900,000.
(2) Worker and community transition assistance.--
For worker and community transition assistance,
$40,000,000, to be allocated as follows:
(A) For worker and community transition,
$36,000,000.
(B) For program direction, $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, $89,000,000,
to be allocated as follows:
(A) For the Office of Environment, Safety,
and Health (Defense), $84,231,000.
(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.--(1) 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 $2,000,000.
(2) The amount authorized to be appropriated pursuant to
subsection(a)(1)(C) is reduced by $20,000,000 to reflect an
offset provided by user organizations for security
investigations.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1999 for payment to the
Nuclear Waste Fund established in section 302(c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$190,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1999
for privatization initiatives in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $286,857,000, to be
allocated as follows:
Project 99-PVT-1, remote handled transuranic waste
transportation, Carlsbad, New Mexico, $19,605,000.
Project 98-PVT-2, spent nuclear fuel dry storage,
Idaho Falls, Idaho, $30,000,000.
Project 98-PVT-5, waste disposal, Oak Ridge,
Tennessee, $50,000,000.
Project 97-PVT-1, tank waste remediation system
phase I, Hanford, Washington, $100,000,000.
Project 97-PVT-2, advanced mixed waste treatment
facility, Idaho Falls, Idaho, $87,252,000.
(b) Adjustment.--The amount authorized to be appropriated
in subsection (a) is the sum of the amounts authorized to be
appropriated for the projects set forth in that subsection,
reduced by $32,000,000 for use of prior year balances of funds
for defense environmental management privatization.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to in
subsection (b) and a period of 30 days has elapsed after the
date on which such committees receive the report, the Secretary
may not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount
authorized for that program by this title; or
(2) which has not been presented to, or requested
of, Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment
of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total amount
authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because of
unforeseen cost variations and the revised cost of the project
exceeds $5,000,000, the Secretary shall immediately furnish a
complete report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the project
above the total estimated cost, whenever the current estimated
cost of the construction project, which is authorized by
section 3101, 3102, or 3103, or which is in support of national
security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget
justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the date
on which the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title to other Federal
agencies for the performance of work for which the funds were
authorized. Funds so transferred may be merged with and be
available for the same purposes and for the same period as the
authorizations of the Federal agency to which the amounts are
transferred.
(b) Transfer Within Department of Energy.--(1) Subject to
paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations. Amounts
of authorizations so transferred may be merged with and be
available for the same purposes and for the same period as the
authorization to which the amounts are transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph (1).
No such authorization may be increased or decreased by more
than five percent by a transfer under such paragraph.
(c) Limitation.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an item
for which Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the conceptual
design before submitting a request for funds for the
construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and
construction activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction design
under sections 3101, 3102, and 3103, to perform planning,
design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs of
national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any construction
project until the Secretary has submitted to the congressional
defense committees a report on the activities that the
Secretary intends to carry out under this section and the
circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in
connectionwith all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated for
operation and maintenance or for plant projects may remain
available until expended.
(b) Exception for Program Direction Funds.--Amounts
appropriated for program direction pursuant to an authorization
of appropriations in subtitle A shall remain available to be
expended only until the end of fiscal year 2001.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the office
to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal
year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal
year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager determines
that the transfer is necessary to address a risk to health,
safety, or the environment or to assure the most efficient use
of defense environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Assistant Secretary of Energy for Environmental Management,
shall notify Congress of any transfer of funds pursuant to
subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A program referred to or a project
listed in paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental
restoration or waste management activities
necessary for national security programs of the
Department, that is being carried out by the
office, and for which defense environmental
management funds have been authorized and
appropriated before the date of 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. PERMANENT 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. 3132. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to
the Department of Energy pursuant to section 3101, $30,000,000
shall be available for research, development, and demonstration
activities to support the mission of the Ballistic Missile
Defense Organization of the Department of Defense, including
the following activities:
(1) Technology development, concept demonstration,
and integrated testing to improve reliability and
reduce risk in hit-to-kill interceptors for missile
defense.
(2) Support for science and engineering teams to
address technical problems identified by the Director
of the Ballistic Missile Defense Organization as
critical to acquisition of a theater missile defense
capability.
(b) Memorandum of Understanding.--The activities referred
to in subsection (a) shall be carried out under the memorandum
of understanding entered into by the Secretary of Energy and
the Secretary of Defense for the use of national laboratories
for ballistic missile defense programs, as required by section
3131 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 2034).
(c) Method of Funding.--Funds for activities referred to in
subsection (a) may be provided--
(1) by direct payment from funds available pursuant
to subsection (a); or
(2) in the case of such an activity carried out by
a national laboratory but paid for by the Ballistic
Missile Defense Organization, through a method under
which the Secretary of Energy waives any requirement
for the Department of Defense to pay any indirect
expenses (including overhead and federal administrative
charges) of the Department of Energy or its
contractors.
SEC. 3133. NONPROLIFERATION ACTIVITIES.
(a) Initiatives for Proliferation Prevention.--Of the
amount authorized to be appropriated by section
3103(a)(1)(A)(ii), up to $20,000,000 may be used for the
Initiatives for Proliferation Prevention program.
(b) Nuclear Cities Initiative.--(1) Funds authorized under
this title may not be obligated or expended for the purpose of
implementing the Nuclear Cities Initiative until--
(A) the Secretary of Energy submits to the
congressional defense committees the report described
in paragraph (2); and
(B) a period of 20 legislative days has expired
following the date on which the report is submitted to
Congress.
(2) The Secretary of Energy shall prepare a report on the
Nuclear Cities Initiative. The report shall describe--
(A) the objectives of the initiative;
(B) methods and processes for the implementation of
the initiative;
(C) a program timeline for the initiative with
milestones; and
(D) the funding requirements for the initiative
through its completion.
(3) For purposes of this section, the term ``Nuclear Cities
Initiative'' means the initiative arising pursuant to the March
1998 discussion between the Vice President of the United States
and the Prime Minister of the Russian Federation and between
the Secretary of Energy of the United States and the Minister
of Atomic Energy of the Russian Federation.
(4) For purposes of paragraph (1)(B), a legislative day is
a day on which both Houses of Congress are in session.
SEC. 3134. LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATION AND
IRRADIATION FACILITIES.
(a) License Requirement.--Section 202 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5842) is amended by
adding at the end the following new paragraph:
``(5) Any facility under a contract with and for
the account of the Department of Energy that is
utilized for the express purpose of fabricating mixed
plutonium-uranium oxide nuclear reactor fuel for use in
a commercial nuclear reactor licensed under such Act,
other than any such facility that is utilized for
research, development, demonstration, testing, or
analysis purposes.''.
(b) Availability of Funds for Licensing by NRC.--Section
210 of the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1981 (42
U.S.C. 7272) shall not apply to any licensing activities
required pursuant to section 202(5) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5842), as added by
subsection (a).
(c) Applicability of Occupational Safety and Health
Requirements to Activities under License.--Any activities
carried out under a license required pursuant to section 202(5)
of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as
added by subsection (a), shall be subject to regulation under
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651
et seq.).
SEC. 3135. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF
LEGACY NUCLEAR MATERIALS.
The Secretary of Energy shall continue operations and
maintain a high state of readiness at the F-canyon and H-canyon
facilities at the Savannah River Site, Aiken, South Carolina,
and shall provide technical staff necessary to operate and so
maintain such facilities.
SEC. 3136. AUTHORITY FOR DEPARTMENT OF ENERGY FEDERALLY FUNDED RESEARCH
AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT-
BASED TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS.
(a) Authority.--Section 217(f)(1) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2695) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by inserting ``or of the Department of Energy''
after ``the Department of Defense''; and
(3) by adding at the end the following new
subparagraph:
``(B) A federally funded research and development center of
the Department of Energy described in subparagraph (A) may
respond to solicitations and announcements described in that
subparagraph only for activities conducted by the center under
contract with or on behalf of the Department of Defense.''.
(b) Conforming Amendment.--Section 217(f)(2) of such Act is
amended by inserting ``(A)'' after ``(1)''.
SEC. 3137. ACTIVITIES OF DEPARTMENT OF ENERGY FACILITIES.
(a) Research and Activities on Behalf of Non-Department
Persons and Entities.--(1) The Secretary of Energy may conduct
research and other activities referred to in paragraph (2) at
facilities of the Department of Energy on behalf of other
departments and agencies of the Government, agencies of State
and local governments, and private persons and entities.
(2) The research and other activities that may be conducted
under paragraph (1) are those which the Secretary is authorized
to conduct by law, including research and activities authorized
under the following provisions of law:
(A) The Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.).
(B) The Energy Reorganization Act of 1974 (42
U.S.C. 5811 et seq.).
(C) The Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5901 et seq.).
(b) Charges.--(1) The Secretary shall impose on the
department, agency, or person or entity for which research and
other activities are carried out under subsection (a) a charge
for such research and activities in carrying out such research
and activities, which shall include--
(A) the direct cost incurred in carrying out such
research and activities; and
(B) the overhead cost, including site-wide indirect
costs, associated with such research and activities.
(2)(A) Subject to subparagraph (B), the Secretary shall
also impose on the department, agency, or person or entity
concerned a Federal administrative charge (which includes any
depreciation and imputed interest charges) in an amount not to
exceed 3 percent of the full cost incurred in carrying out the
research and activities concerned.
(B) The Secretary may waive the imposition of the Federal
administrative charge required by subparagraph (A) in the case
of research and other activities conducted on behalf of small
business concerns, institutions of higher education, non-profit
entities, and State and local governments.
(3) Not later than two years after the date of the
enactment of this Act, the Secretary shall terminate any waiver
of charges under section 33 of the Atomic Energy Act of 1954
(42 U.S.C. 2053) that were made before such date, unless the
Secretary determines that such waiver should be continued.
(c) Pilot Program of Reduced Facility Overhead Charges.--
(1) The Secretary may, with the cooperation of participating
contractors of the contractor-operated facilities of the
Department, carry out a pilot program under which the Secretary
and such contractors reduce the facility overhead charges
imposed under this section for research and other activities
conducted under this section.
(2) The Secretary shall carry out the pilot program at
contractor-operated facilities selected by the Secretary in
consultation with the contractors concerned.
(3) The Secretary shall determine the facility overhead
charges to be imposed under the pilot program at a facility
based on a joint review by the Secretary and the contractor for
the facility of all items included in the overhead costs of the
facility in order to determine which items are appropriately
incurred as facility overhead charges by the contractor in
carrying out research and other activities at such facility
under this section.
(4) The Secretary shall commence carrying out the pilot
program under this subsection not later than October 1, 1999,
and shall terminate the pilot program on September 30, 2003.
(5) Not later than January 31, 2003, the Secretary shall
submit to Congress an interim report on the results of the
pilot program under this subsection. The report shall include
any recommendations for the extension or expansion of the pilot
program, including the establishment of multiple rates of
overhead charges for various categories of persons and entities
seeking research and other activities in contractor-operated
facilities of the Department.
(d) Applicability With Respect to User Fee Practice.--This
section does not apply to the practice of the Department of
Energy with respect to user fees at Department facilities.
SEC. 3138. HANFORD OVERHEAD AND SERVICE CENTER COSTS.
(a) Target for Reduction of Costs.--The Secretary of Energy
shall establish a target for the overhead and service center
costs for the Project Hanford Management Contractor for fiscal
year 1999 that is less than the established baseline for such
costs for that fiscal year.
(b) Use of Funds Resulting from Reduction.--If the actual
overhead and service center costs for that contractor for
fiscal year 1999 are less than the established baseline for
such costs for that fiscal year, the Secretary, to the extent
consistent with fiscal year 1999 appropriations, shall use an
amount equal to the difference between the baseline and such
actual costs to perform additional clean-up work at Hanford in
order to reduce the most threatening environmental risks at
Hanford and to comply with applicable laws and regulations and
the Tri-Party Agreement among the Department of Energy, the
Environmental Protection Agency, and the State of Washington.
(c) Review.--The Director of the Defense Contract Audit
Agency shall review the Project Hanford Management Contract for
compliance with cost accounting standards promulgated pursuant
to section 26(f) of the Office of Federal Procurement Policy
Act (42 U.S.C. 422(f)). The review shall include the following:
(1) An identification and assessment of methods for
calculating overhead costs.
(2) A description of activities the costs of which
are allocated to--
(A) all accounts at the Hanford site other
than overhead accounts; or
(B) other contracts under which work is
performed at the Hanford site.
(3) A description of service center costs,
including--
(A) computer service and information
management costs and other support service
costs; and
(B) costs of any activity which is paid for
on a per-unit basis.
(4) An identification and assessment of all fees,
awards, or other profit on overhead or service center
costs that are not attributed to performance on a
single project or contract.
(5) An identification and assessment of all
contracts awarded without competition.
(6) An identification and assessment of any other
costs that the Director considers necessary or
appropriate to present a full and complete review of
Hanford costs.
(d) Report.--Not later than March 1, 1999, the Director of
the Defense Contract Audit Agency shall submit to the
congressional defense committees a report on the results of the
review under subsection (c).
SEC. 3139. HANFORD WASTE TANK CLEANUP PROGRAM REFORMS.
(a) Establishment of Office of River Protection.--The
Secretary of Energy shall establish an office at the Hanford
Reservation, Richland, Washington, to be known as the ``Office
of River Protection'' (in this section referred to as the
``Office'').
(b) Management and Responsibilities of Office.--(1) The
Office shall be headed by a senior official of the Department
of Energy, who shall report to the Assistant Secretary of
Energy for Environmental Management.
(2) The head of the Office shall be responsible for
managing all aspects of the Tank Waste Remediation System (also
referred to as the Hanford Tank Farm operations), including
those portions under privatization contracts, of the Department
of Energy at Hanford.
(c) Department Responsibilities.--The Secretary shall
provide the manager of the Office with the resources and
personnel necessary to manage the tank waste privatization
program at Hanford in an efficient and streamlined manner.
(d) Integrated Management Plan.--Not later than 90 days
after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committees on Commerce and on National Security of the
House of Representatives an integrated management plan for all
aspects of the Hanford Tank Farm operations, including the
roles, responsibilities, and reporting relationships of the
Office.
(e) Report.--Not later than two years after the
commencement of operations of the Office, the Secretary shall
submit to the committees referred to in subsection (d) a report
describing--
(1) any progress in or resulting from the
utilization of the Tank Waste Remediation System; and
(2) any improvements in the management structure of
the Department at Hanford with respect to the Tank
Waste Remediation System as a result of the Office.
(f) Termination.--(1) The Office shall terminate five years
after the commencement of operations under this section unless
the Secretary determines that termination on that date would
disrupt effective management of the Hanford Tank Farm
operations.
(2) The Secretary shall notify, in writing, the committees
referred to in subsection (d) of a determination under
paragraph (1).
SEC. 3140. HANFORD HEALTH INFORMATION NETWORK.
Of the funds authorized to be appropriated or otherwise
made available to the Department of Energy by section 3102,
$1,500,000 shall be available for activities relating to the
Hanford Health Information Network established pursuant to the
authority in section 3138 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1834),
as amended by section 3138(b) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 3087).
SEC. 3141. HAZARDOUS MATERIALS MANAGEMENT AND EMERGENCY RESPONSE
TRAINING PROGRAM.
The Secretary of Energy may enter into partnership
arrangements with Federal and non-Federal entities to share the
costs of operating the hazardous materials management and
hazardous materials emergency response training program
authorized under section 3140(a) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 3088). Such arrangements may include the exchange of
equipment and services, in lieu of payment for the training
program.
SEC. 3142. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
(a) Availability of Funds.--Of the funds authorized to be
appropriated or otherwise made available to the Department of
Energy by this title, up to $5,000,000 shall be made available
for payment by the Secretary of Energy to the educational
foundation chartered to enhance educational activities in the
public schools in the vicinity of Los Alamos National
Laboratory, New Mexico (in this section referred to as the
``Foundation'').
(b) Use of Funds.--(1) The Foundation shall utilize funds
provided under subsection (a) as a contribution to an endowment
fund for the Foundation.
(2) The Foundation shall use the income generated from
investments in the endowment fund that are attributable to the
payment made under subsection (a) to fund programs to support
the educational needs of children in public schools in the
vicinity of Los Alamos National Laboratory.
SEC. 3143. RELOCATION OF NATIONAL ATOMIC MUSEUM, ALBUQUERQUE, NEW
MEXICO.
The Secretary of Energy shall submit to the congressional
defense committees a plan for the relocation of the National
Atomic Museum in Albuquerque, New Mexico.
SEC. 3144. TRITIUM PRODUCTION.
The Secretary of Energy may not obligate or expend any
funds authorized to be appropriated or otherwise available to
the Department of Energy for fiscal year 1999 to implement a
final decision on the technology to be utilized for tritium
production, made pursuant to section 3135 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 2037), until October 1, 1999.
Subtitle D--Other Matters
SEC. 3151. STUDY AND PLAN RELATING TO WORKER AND COMMUNITY TRANSITION
ASSISTANCE.
(a) 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 developedpursuant 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).
(b) Plan for Termination of Worker and Community Transition
Program.--Not later than July 1, 1999, the Secretary of Energy
shall submit to the congressional defense committees a plan to
terminate the Office of Worker and Community Transition. The
plan shall include--
(1) a description of how the authority of the
Office would be terminated; and
(2) a description of how the responsibility to
manage downsizing of the contractor workforce of the
Department of Energy would be transferred to other
offices or programs within the Department.
SEC. 3152. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization
Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by
striking out ``September 30, 1999'' and inserting in lieu
thereof ``September 30, 2000''.
SEC. 3153. REQUIREMENT FOR PLAN TO MODIFY EMPLOYMENT SYSTEM USED BY
DEPARTMENT OF ENERGY IN DEFENSE ENVIRONMENTAL
MANAGEMENT PROGRAMS.
(a) Plan Requirement.--Not later than February 1, 1999, the
Secretary of Energy shall submit to Congress a report
containing 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.
(b) Specified Elements of Plan.--The plan shall address
strategies to recruit and hire--
(1) individuals with a high degree of scientific
and technical competence in the areas of nuclear and
toxic waste remediation and environmental restoration;
and
(2) individuals with the necessary skills to manage
large construction and environmental remediation
projects.
(c) Legislative Changes.--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 subsection (b),
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.
SEC. 3154. DEPARTMENT OF ENERGY NUCLEAR MATERIALS COURIERS.
(a) Maximum Age for Entry into Nuclear Materials Courier
Force.--Section 3307 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``and (d)'' and
inserting ``(d), (e), and (f)''; and
(2) by adding at the end the following:
``(f) The Secretary of Energy may determine and fix the
maximum age limit for an original appointment to a position as
a nuclear materials courier, as defined by section 8331(27) or
8401(33).''.
(b) Definition for Purposes of Civil Service Retirement
System.--Section 8331 of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph
(25);
(2) by striking the period at the end of paragraph
(26) and inserting ``; and''; and
(3) by adding at the end the following:
``(27) `Nuclear materials courier'--
``(A) means an employee of the Department
of Energy, the duties of whose position are
primarily to transport, and provide armed
escort and protection during transit of,
nuclear weapons, nuclear weapon components,
strategic quantities of special nuclear
materials or other materials related to
national security; and
``(B) includes an employee who is
transferred directly to a supervisory or
administrative position within the same
Department of Energy organization, after
performing duties referred to in subparagraph
(A) for at least 3 years.''.
(c) Deductions, Contributions, and Deposits Under CSRS.--
(1) Subsection (a)(1) of section 8334 of title 5, United States
Code, is amended by striking ``or member of the Capitol
Police,'' and inserting ``member of the Capitol Police, or
nuclear materials courier,''.
(2) Subsection (c) of that section is amended by adding
after the item for a Member of the Capitol Police the following
new item:
``Nuclear materials courier............ 7..................... October 1, 1977 to the day before the date of
enactment of the Strom Thurmond National
Defense Authorization Act for Fiscal Year
1999.
7.5................... The date of enactment of the Strom Thurmond
National Defense Authorization Act for Fiscal
Year 1999 to December 31, 1998.
7.75.................. January 1, 1999 to December 31, 1999.
7.9................... January 1, 2000 to December 31, 2000.
8..................... January 1, 2001 to December 31, 2002.
7.5................... After December 31, 2002.''.
(3) Notwithstanding subsection (a)(1) or (k)(1) of section
8334 of title 5, United States Code, or section 7001(a) of
Public Law 105-33, during the period beginning on the effective
date provided for under subsection (n)(1) and ending on
September 30, 2002, the Department of Energy shall deposit in
the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund on behalf of each
nuclear materials courier from whose basic pay a deduction is
made under such subsection (a)(1) during that period an amount
equal to 9.01 percent of such basic pay, in lieu of the agency
contributions otherwise required under such subsection (a)(1)
during that period.
(d) Mandatory Separation Under CSRS.--Section 8335(b) of
title 5, United States Code, is amended in the second
sentence--
(1) by inserting ``or nuclear materials courier''
after ``law enforcement officer''; and
(2) by inserting ``or courier, as the case may
be,'' after ``that officer''.
(e) Immediate Retirement Under CSRS.--Section 8336(c)(1) of
title 5, United States Code, is amended by striking ``or
firefighter'' and inserting ``, firefighter, or nuclear
materials courier''.
(f) Definition for Purposes of Federal Employees'
Retirement System.--Section 8401 of title 5, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph
(31);
(2) by striking the period at the end of paragraph
(32) and inserting ``; and''; and
(3) by adding at the end the following:
``(33) `Nuclear materials courier' has the meaning
given that term in section 8331(27).''.
(g) Immediate Retirement Under FERS.--Section 8412(d) of
title 5, United States Code, is amended by striking ``or
firefighter'' each place it appears in paragraphs (1) and (2)
and inserting ``firefighter, or nuclear materials courier''.
(h) Computation of Basic Annuity Under FERS.--Section
8415(g) of title 5, United States Code, is amended by inserting
``nuclear materials courier,'' after ``firefighter,''.
(i) Deductions and Contributions Under FERS.--(1) Section
8422(a)(3) of title 5, United States Code, is amended by adding
after the item relating to a law enforcement officer,
firefighter, member of the Capitol Police, or air traffic
controller the following new item:
``Nuclear materials courier............ 7..................... January 1, 1987 to the day before the date of
enactment of the Strom Thurmond National
Defense Authorization Act for Fiscal Year
1999.
7.5................... The date of enactment of the Strom Thurmond
National Defense Authorization Act for Fiscal
Year 1999 to December 31, 1998.
7.75.................. January 1, 1999 to December 31, 1999.
7.9................... January 1, 2000 to December 31, 2000.
8..................... January 1, 2001 to December 31, 2001.
7.5................... After December 31, 2002.''.
(2) Contributions under subsections (a) and (b) of section
8423 of title 5, United States Code, shall not be reduced as a
result of that portion of the amendment made by paragraph (1)
requiring employee deductions at a rate in excess of 7.5
percent for the period beginning on January 1, 1999, and ending
on December 31, 2002.
(j) Agency Contributions Under FERS.--Paragraphs (1)(B)(i)
and (3)(A) of section 8423(a) of title 5, United States Code,
are each amended by inserting ``nuclear materials couriers,''
after ``firefighters,''.
(k) Mandatory Separation Under FERS.--Section 8425(b) of
title 5, United States Code, is amended by inserting ``or
nuclear materials courier'' after ``law enforcement officer''
both places it appears in the second sentence.
(l) Payments.--(1) The Department of Energy shall pay into
the Civil Service Retirement and Disability Fund an amount
determined by the Director of the Office of Personnel
Management to be necessary to reimburse the Fund for any
estimated increase in the unfunded liability of the Fund
resulting from the amendments related to the Civil Service
Retirement System under this section, and for any estimated
increase in the supplemental liability of the Fund resulting
from the amendments related to the Federal Employees Retirement
System under this section.
(2) The Department shall pay the amount so determined in
five equal annual installments with interest computed at the
rate used in the most recent valuation of the Federal Employees
Retirement System.
(3) The Department shall make payments under this
subsection from amounts available for weapons activities of the
Department.
(m) Applicability.--Subsections (b) through (l) shall apply
only to an individual who is employed as a nuclear materials
courier, as defined by section 8331(27) or 8401(33) of title 5,
United States Code (as amended by this section), after the
later of--
(1) September 30, 1998; or
(2) the date of the enactment of this Act.
(n) Effective Dates.--(1) Except as provided in paragraph
(2), the amendments made by this section shall take effect at
the beginning of the first pay period that begins after the
later of--
(A) October 1, 1998; or
(B) the date of the enactment of this Act.
(2)(A) The amendments made by subsection (a) shall take
effect on the date of the enactment of this Act.
(B) The amendments made by subsections (d) and (k) shall
take effect one year after the date of the enactment of this
Act.
SEC. 3155. INCREASE IN MAXIMUM RATE OF PAY FOR SCIENTIFIC, ENGINEERING,
AND TECHNICAL PERSONNEL RESPONSIBLE FOR SAFETY AT
DEFENSE NUCLEAR FACILITIES.
Section 3161(a)(2) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 42 U.S.C. 7231
note) is amended by striking out ``level IV of the Executive
Schedule under section 5315'' and inserting in lieu thereof
``level III of the Executive Schedule under section 5314''.
SEC. 3156. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO PAY
VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Extension.--Notwithstanding subsection (c)(2)(D) of
section 663 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (Public Law 104-208; 110
Stat. 3009-383; 5 U.S.C. 5597 note), the Department of Energy
may pay voluntary separation incentive payments to qualifying
employees who voluntarily separate (whether by retirement or
resignation) before January 1, 2001.
(b) Exercise of Authority.--The Department shall pay
voluntary separation incentive payments under subsection (a) in
accordance with the provisions of such section 663.
SEC. 3157. REPEAL OF FISCAL YEAR 1998 STATEMENT OF POLICY ON STOCKPILE
STEWARDSHIP PROGRAM.
Section 3156 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2045; 42 U.S.C.
2121 note) is repealed.
SEC. 3158. 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) Coordination With Secretary of Defense.--The Secretary
of Energy, in developing the criteria required by subsection
(a), shall coordinate with the Secretary of Defense.
(c) Report.--Not later than March 1, 2000, 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 developed
as of the date of the submission of the report.
SEC. 3159. PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE
UNITED STATES NUCLEAR STOCKPILE.
(a) Requirement for Panel.--The Secretary of Defense, in
consultation with the Secretary of Energy, shall enter into a
contract with a federally funded research and development
center to establish a panel for the assessment of the
certification process for the reliability, safety, and security
of the United States nuclear stockpile.
(b) Composition and Administration of Panel.--(1) The panel
shall consist of private citizens of the United States with
knowledge and expertise in the technical aspects of design,
manufacture, and maintenance of nuclear weapons.
(2) The federally funded research and development center
shall be responsible for establishing appropriate procedures
for the panel, including selection of a panel chairman.
(c) Duties of Panel.--Each year the panel shall review and
assess the following:
(1) The annual certification process, including the
conclusions and recommendations resulting from the
process, for the safety, security, and reliability of
the nuclear weaponsstockpile of the United States, as
carried out by the directors of the national weapons laboratories.
(2) The long-term adequacy of the process of
certifying the safety, security, and reliability of the
nuclear weapons stockpile of the United States.
(3) The adequacy of the criteria established by the
Secretary of Energy pursuant to section 3158 for
achieving the purposes for which those criteria are
established.
(d) Report.--Not later than October 1 of each year,
beginning with 1999, the panel 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
its findings and conclusions resulting from the review and
assessment carried out for the year covered by the report. The
report shall be submitted in classified and unclassified form.
(e) Cooperation of Other Agencies.--(1) The panel may
secure directly from the Department of Energy, the Department
of Defense, or any of the national weapons laboratories or
plants or any other Federal department or agency information
that the panel considers necessary to carry out its duties.
(2) For carrying out its duties, the panel shall be
provided full and timely cooperation by the Secretary of
Energy, the Secretary of Defense, the Commander of United
States Strategic Command, the Directors of the Los Alamos
National Laboratory, the Lawrence Livermore National
Laboratory, the Sandia National Laboratories, the Savannah
River Site, the Y-12 Plant, the Pantex Facility, and the Kansas
City Plant, and any other official of the United States that
the chairman of the panel determines as having information
described in paragraph (1).
(3) The Secretary of Energy and the Secretary of Defense
shall each designate at least one officer or employee of the
Department of Energy and the Department of Defense,
respectively, to serve as a liaison officer between the
department and the panel.
(f) Funding.--The Secretary of Defense and the Secretary of
Energy shall each contribute 50 percent of the amount of funds
that are necessary for the panel to carry out its duties. Funds
available for the Department of Energy for atomic energy
defense activities shall be available for the Department of
Energy contribution.
(g) Termination of Panel.--The panel shall terminate three
years after the date of the appointment of the member
designated as chairman of the panel.
(h) Initial Implementation.--The Secretary of Defense shall
enter into the contract required under subsection (a) not later
than 60 days after the date of the enactment of this Act. The
panel shall convene its first meeting not later than 30 days
after the date as of which all members of the panel have been
appointed.
SEC. 3160. INTERNATIONAL COOPERATIVE INFORMATION EXCHANGE.
(a) Findings.--Congress finds the following:
(1) Currently in the post-cold war world, there are
new opportunities to facilitate international political
and scientific cooperation on cost-effective, advanced,
and innovative nuclear management technologies.
(2) There is increasing public interest in
monitoring and remediation of nuclear waste.
(3) It is in the best interest of the United States
to explore and develop options with the international
community to facilitate the exchange of evolving
advanced nuclear wastes technologies.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Energy, in consultation with the Secretary of
State, the Secretary of Defense, the Administrator of the
Environmental Protection Agency, and other officials as
appropriate, should prepare and submit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report containing
the following:
(1) An assessment of whether the United States
should encourage the establishment of an international
project to facilitate the international exchange of
information (including costs data) relating to nuclear
waste technologies, including technologies for solid
and liquid radioactive wastes and contaminated soils
and sediments.
(2) An assessment of whether such a project could
be funded privately through industry, public interest,
and scientific organizations and administered by an
international nongovernmental organization, with
operations in the United States, Russia, and other
countries that have an interest in developing such
technologies.
(3) A description of the Federal programs that
facilitate the exchange of such information and of any
added benefit of consolidating such programs into such
a project.
(4) Recommendations for any legislation that the
Secretary of Energy believes would be required to
enable such a project to be undertaken.
SEC. 3161. PROTECTION AGAINST INADVERTENT RELEASE OF RESTRICTED DATA
AND FORMERLY RESTRICTED DATA.
(a) Plan for Protection Against Release.--The Secretary of
Energy and the Archivist of the United States shall, after
consultation with the members of the National Security Council
and in consultation with the Secretary of Defense and the heads
of other appropriate Federal agencies, develop a plan to
prevent the inadvertent release of records containing
Restricted Data or Formerly Restricted Data during the
automatic declassification of records under Executive Order
12958 (50 U.S.C. 435 note).
(b) Plan Elements.--The plan under subsection (a) shall
include the following:
(1) The actions to be taken in order to ensure that
records subject to Executive Order 12958 are reviewed
on a page-by-page basis for Restricted Data and
Formerly Restricted Data unless they have been
determined to be highly unlikely to contain Restricted
Data or Formerly Restricted Data.
(2) The criteria and process by which documents are
determined to be highly unlikely to contain Restricted
Data or Formerly Restricted Data.
(3) The actions to be taken in order to ensure
proper training, supervision, and evaluation of
personnel engaged in declassification under that
Executive Order so that such personnel recognize
Restricted Data and Formerly Restricted Data.
(4) The extent to which automated declassification
technologies will be used under that Executive Order to
protect Restricted Data and Formerly Restricted Data
from inadvertent release.
(5) Procedures for periodic review and evaluation
by the Secretary of Energy, in consultation with the
Director of the Information Security Oversight Office
of the National Archives and Records Administration, of
compliance by Federal agencies with the plan.
(6) Procedures for resolving disagreements among
Federal agencies regarding declassification procedures
and decisions under the plan.
(7) The funding, personnel, and other resources
required to carry out the plan.
(8) A timetable for implementation of the plan.
(c) Limitation on Declassification of Certain Records.--(1)
Effective on the date of the enactment of this Act and except
as provided in paragraph (3), a record referred to in
subsection (a) may not be declassified unless the agency having
custody of the record reviews the record on a page-by-page
basis to ensure that the record does not contain Restricted
Data or Formerly Restricted Data.
(2) Any record determined as a result of a review under
paragraph (1) to contain Restricted Data or Formerly Restricted
Data may not be declassified until the Secretary of Energy, in
conjunction with the head of the agency having custodyof the
record, determines that the document is suitable for declassification.
(3) After the date occurring 60 days after the submission
of the plan required by subsection (a) to the committees
referred to in paragraphs (1) and (2) of subsection (d), the
requirement under paragraph (1) to review a record on a page-
by-page basis shall not apply in the case of a record
determined, under the actions specified in the plan pursuant to
subsection (b)(1), to be a record that is highly unlikely to
contain Restricted Data or Formerly Restricted Data.
(d) Submission of Plan.--The Secretary of Energy shall
submit the plan required under subsection (a) to the following:
(1) The Committee on Armed Services of the Senate.
(2) The Committee on National Security of the House
of Representatives.
(3) The Assistant to the President for National
Security Affairs.
(e) Submission of Reviews.--The Secretary of Energy shall,
on a periodic basis, submit a summary of the results of the
periodic reviews and evaluations specified in the plan pursuant
to subsection (b)(4) to the committees and Assistant to the
President specified in subsection (d).
(f) Report and Notification Regarding Inadvertent
Releases.--(1) The Secretary of Energy shall submit to the
committees and Assistant to the President specified in
subsection (d) a report on inadvertent releases of Restricted
Data or Formerly Restricted Data under Executive Order 12958
that occurred before the date of the enactment of this Act.
(2) Not later than 30 days after any such inadvertent
release occurring after the date of the enactment of this Act,
the Secretary of Energy shall notify the committees and
Assistant to the President specified in subsection (d) of such
releases.
(g) Definition.--In this section, the term ``Restricted
Data'' has the meaning given that term in section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 3162. SENSE OF CONGRESS REGARDING TREATMENT OF FORMERLY UTILIZED
SITES REMEDIAL ACTION PROGRAM UNDER A NONDEFENSE
DISCRETIONARY BUDGET FUNCTION.
It is the sense of Congress that the Office of Management
and Budget should, beginning with fiscal year 2000, transfer
the Formerly Utilized Sites Remedial Action Program from the
National Defense budget function (budget function 050) to a
nondefense discretionary budget function.
SEC. 3163. REPORTS RELATING TO TRITIUM PRODUCTION.
(a) Report on Tritium Production Technology Options.--(1)
The Secretary of Defense, in consultation with the Secretary of
Energy, shall establish a task force of the Defense Science
Board to examine tritium production technology options.
(2) The task force shall examine the following issues:
(A) The risk associated with the design,
construction, operation, and cost of each option for
tritium production under consideration.
(B) The implications for nuclear weapons
proliferation of each such option.
(C) The extent to which each such option
contributes to the capability of the Government to
reliably meet the national defense requirements of the
United States.
(D) Any other factors that the Secretary of Defense
or the Secretary of Energy considers appropriate.
(3) The task force shall submit to the Secretary of Defense
and the Secretary of Energy a report on the results of its
examination. The Secretaries shall submit the report to
Congress not later than June 30, 1999.
(b) Report on Test Program for Tritium Production at Watts
Bar.--(1) The Secretary of Energy shall submit to the
congressional defense committees a report on the results of the
test program at the Watts Bar Nuclear Station, Tennessee, after
the test program is completed and the results of the program
are evaluated. The report shall include--
(A) data on the performance of the test rods,
including any leakage of tritium from the test rods;
(B) the amount of tritium produced during the test;
(C) the performance of the reactor during the test;
and
(D) any other technical findings resulting from the
test.
(2) The Secretary of Energy shall submit to the
congressional defense committees an interim report on the test
program not later than 60 days after the test rods are removed
from the Watts Bar reactor.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National Defense
Stockpile.
Sec. 3304. Use of stockpile funds for certain environmental remediation,
restoration, waste management, and compliance activities.
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means
the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ``National Defense Stockpile
Transaction Fund'' means the fund in the Treasury of
the United States established under section 9(a) of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
1999, the National Defense Stockpile Manager may obligate up to
$83,000,000 of the funds in the National Defense Stockpile
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions
necessitate the additional obligations. The National Defense
Stockpile Manager may make the additional obligations described
in the notification after the end of the 45-day period
beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the
President shall dispose of materials contained in the National
Defense Stockpile and specified in the table in subsection (b)
so as to result in receipts to the United States in the amount
of--
(1) $105,000,000 by the end of fiscal year 1999;
(2) $460,000,000 by the end of fiscal year 2002;
(3) $555,000,000 by the end of fiscal year 2003;
and
(4) $590,000,000 by the end of fiscal year 2005.
(b) Limitation on Disposal Quantity.--The total quantities
of materials authorized for disposal by the President under
subsection (a) may not exceed the amounts set forth in the
following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Bauxite Refractory........................ 29,000 long calcined ton
Beryllium Metal........................... 100 short tons
Chromite Chemical......................... 34,000 short dry tons
Chromite Refractory....................... 159,000 short dry tons
Chromium Ferroalloy....................... 125,000 short tons
Columbium Carbide Powder.................. 21,372 pounds of contained
Columbium
Columbium Concentrates.................... 1,733,454 pounds of
contained Columbium
Columbium Ferro........................... 249,396 pounds of contained
Columbium
Columbium Metal--Ingots................... 161,123 pounds of contained
Columbium
Diamond, Stones........................... 3,000,000 carats
Germanium Metal........................... 28,198 kilograms
Graphite Natural Ceylon Lump.............. 5,492 short tons
Indium.................................... 14,248 troy ounces
Mica Muscovite Block...................... 301,000 pounds
Mica Phlogopite Block..................... 130,745 pounds
Platinum.................................. 439,887 troy ounces
Platinum--Iridium......................... 4,450 troy ounces
Platinum--Palladium....................... 750,000 troy ounces
Tantalum Carbide Powder................... 22,688 pounds of contained
Tantalum
Tantalum Metal Ingots..................... 125,000 pounds of contained
Tantalum
Tantalum Metal Powder..................... 125,000 pounds of contained
Tantalum
Tantalum Minerals......................... 1,751,364 pounds contained
of Tantalum
Tantalum Oxide............................ 122,730 pounds contained of
Tantalum
Tungsten Carbide Powder................... 2,032,896 pounds of
contained Tungsten
Tungsten Ferro............................ 2,024,143 pounds of
contained Tungsten
Tungsten Metal Powder..................... 1,898,009 pounds of
contained Tungsten
Tungsten Ores & Concentrates.............. 76,358,235 pounds of
contained Tungsten
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may
not dispose of materials under subsection (a) to the extent
that the disposal will result in--
(1) undue disruption of the usual markets of
producers, processors, and consumers of the materials
proposed for disposal; or
(2) avoidable loss to the United States.
(d) Treatment of Receipts.--Notwithstanding section 9 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h), funds received as a result of the disposal of
materials authorized for disposal under subsection (a) shall be
treated as follows:
(1) The following amounts shall be transferred to
the Secretary of Health and Human Services, to be
credited in the manner determined by the Secretary to
the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund:
(A) $3,000,000 during fiscal year 1999.
(B) $22,000,000 during fiscal year 2000.
(C) $28,000,000 during fiscal year 2001.
(D) $31,000,000 during fiscal year 2002.
(E) $8,000,000 during fiscal year 2003.
(2) The balance of the funds received shall be
deposited into the general fund of the Treasury.
(e) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority
and is in addition to, and shall not affect, any other disposal
authority provided by law regarding the materials specified in
such subsection.
(f) Authorization of Sale.--The authority provided by this
section to dispose of materials contained in the National
Defense Stockpile so as to result in receipts of $100,000,000
of the amount specified for fiscal year 1999 in subsection (a)
by the end of that fiscal year shall be effective only to the
extent provided in advance in appropriation Acts.
SEC. 3304. USE OF STOCKPILE FUNDS FOR CERTAIN ENVIRONMENTAL
REMEDIATION, RESTORATION, WASTE MANAGEMENT, AND
COMPLIANCE ACTIVITIES.
Section 9(b)(2) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h(b)(2)) is amended--
(1) by redesignating subparagraphs (J) and (K) as
subparagraphs (K) and (L), respectively; and
(2) by inserting after subparagraph (I) the
following new subparagraph (J):
``(J) Performance of environmental remediation,
restoration, waste management, or compliance activities
at locations of the stockpile that are required under a
Federal law or are undertaken by the Government under
an administrative decision or negotiated agreement.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Definitions.
Sec. 3402. Authorization of appropriations.
Sec. 3403. Disposal of Naval Petroleum Reserve Numbered 2.
Sec. 3404. Disposal of Naval Petroleum Reserve Numbered 3.
Sec. 3405. Disposal of Oil Shale Reserve Numbered 2.
Sec. 3406. Administration.
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 ``petroleum'' has the meaning given
the term in section 7420(3) of title 10, United States
Code.
SEC. 3402. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--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) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
SEC. 3403. DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 2.
(a) Disposal of Ford City Lots Authorized.--(1) Subject to
section 3406, the Secretary of Energy may dispose of the
portion of Naval Petroleum Reserve Numbered 2 that is located
within the town lots in Ford City, California, which are
identified as ``Drill Sites Numbered 3A, 4, 6, 9A, 20, 22, 24,
and 26'' and described in the document entitled ``Ford City
Drill Site Locations--NPR-2,'' and accompanying maps on file in
the office of the Deputy Assistant Secretary for Naval
Petroleum and Oil Shale Reserves of the Department of Energy.
(2) The Secretary of Energy shall carry out the disposal
authorized by 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 such other
means as the Secretary considers appropriate. 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 the portion of Naval
Petroleum Reserve Numbered 2 described in paragraph (1).
(3) Section 2696(a) of title 10, United States Code,
regarding the screening of real property for further Federal
use before disposal, shall apply to the disposal authorized by
paragraph (1).
(b) Transfer of Administrative Jurisdiction Authorized.--
(1) The Secretary of Energy shall continue to administer Naval
Petroleum Reserve Numbered 2 (other than the portion of the
reserve authorized for 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, the Secretary of Energy may
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 authorized for 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. 3404. DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 3.
(a) 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 operationsin Naval
Petroleum Reserve Numbered 3 in accordance with commercial operating
practices.
(b) Disposal Authorized.--After oil and gas operations are
abandoned in Naval Petroleum Reserve Numbered 3, the Secretary
of Energy may dispose of the reserve as provided in this
subsection. Subject to section 3406, the Secretary shall carry
out any such disposal of the reserve by sale or lease or by
transfer to another Federal agency. 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.
(c) Relationship to Antitrust Laws.--This section does not
modify, impair, or supersede the operation of the antitrust
laws.
SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
(a) Transfer of Administrative Jurisdiction Authorized.--
Subject to section 3406, the Secretary of Energy may 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. 3406. ADMINISTRATION.
(a) 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.
(b) Deposit of Receipts.--Notwithstanding any other law,
all monies received by the United States from the disposal of
property under this title, including any monies received from a
lease entered into under this title, shall be deposited in the
general fund of the Treasury.
(c) Treatment of Royalties.--Any petroleum accruing to the
United States as royalty from any lease of lands transferred
under this title shall be delivered to the United States, or
shall be paid for in money, as the Secretary of the Interior
may elect.
(d) 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.
(e) Waiver of Requirements Regarding Consultation and
Approval.--Section 7431 of title 10, United States Code, shall
not apply to the disposal of property under this title.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title; references to Panama Canal Act of 1979.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Sec. 3505. Donations to the Commission.
Sec. 3506. Agreements for United States to provide post-transfer
administrative services for certain employee benefits.
Sec. 3507. Sunset of United States overseas benefits just before
transfer.
Sec. 3508. Central examining office.
Sec. 3509. Liability for vessel accidents.
Sec. 3510. Panama Canal Board of Contract Appeals.
Sec. 3511. Restatement of requirement that Secretary of Defense designee
on Panama Canal Commission supervisory board be a current
officer of the Department of Defense.
Sec. 3512. Technical amendments.
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 $100,000 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 $58,000 may be used for official
reception and representation expenses of the
Administrator of the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds
available to the Commission shall be available for the purchase
and transportation to the Republic of Panama of passenger motor
vehicles, the purchase price of which shall not exceed $23,000
per vehicle.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this title may be made only
in accordance with the Panama Canal Treaties of 1977 and any
law of the United States implementing those treaties.
SEC. 3505. DONATIONS TO THE COMMISSION.
Section 1102b (22 U.S.C. 3612b) is amended by adding at the
end the following new subsection:
``(f)(1) The Commission may seek and accept donations of
funds, property, and services from individuals, foundations,
corporations, and other private and public entities for the
purpose of carrying out its promotional activities.
``(2) The Commission shall establish written guidelines
setting forth the criteria to be used in determining whether
the acceptance of funds, property, or services authorized by
paragraph (1) would reflect unfavorably upon the ability of the
Commission (or any employee of the Commission) to carry out its
responsibilities or official duties in a fair and objective
manner or would compromise the integrity or the appearance of
the integrity of its programs or of any official in those
programs.''.
SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE POST-TRANSFER
ADMINISTRATIVE SERVICES FOR CERTAIN EMPLOYEE
BENEFITS.
Section 1110 (22 U.S.C. 3620) is amended by adding at the
end the following new subsection:
``(c)(1) The Secretary of State may enter into one or more
agreements to provide for the United States to furnish
administrative services relating to the benefits described in
paragraph (2) after December 31, 1999, and to establish
appropriate procedures for providing advance funding for the
services.
``(2) The benefits referred to in paragraph (1) are the
following:
``(A) Pension, disability, and medical benefits
provided by the Panama Canal Commission pursuant to
section 1245.
``(B) Compensation for work injuries covered by
chapter 81 of title 5, United States Code.''.
SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENEFITS JUST BEFORE
TRANSFER.
(a) Repeals.--Effective 11:59 p.m. (Eastern Standard Time),
December 30, 1999, the following provisions are repealed and
any right or condition of employment provided for in, or
arising from, those provisions is terminated: sections 1206 (22
U.S.C. 3646), 1207 (22 U.S.C. 3647), 1217(a) (22 U.S.C.
3657(a)), and 1224(11) (22 U.S.C. 3664(11)), subparagraphs (A),
(B), (F), (G), and (H) of section 1231(a)(2) (22 U.S.C.
3671(a)(2)) and section 1321(e) (22 U.S.C. 3731(e)).
(b) Savings Provision for Basic Pay.--Notwithstanding
subsection (a), benefits based on basic pay, as listed in
paragraphs (1), (2), (3), (5), and (6) of section 1218 of the
Panama Canal Act of 1979, shall be paid as if sections 1217(a)
and 1231(a)(2) (A) and (B) of that Act had been repealed
effective 12:00 noon, December 31, 1999. The exception under
the preceding sentence shall not apply to any pay for hours of
work performed on December 31, 1999.
(c) Nonapplicability to Agencies in Panama Other Than
Panama Canal Commission.--Section 1212(b)(3) (22 U.S.C.
3652(b)(3)) is amended by striking out ``the Panama Canal
Transition Facilitation Act of 1997'' and inserting in lieu
thereof ``the Panama Canal Transition Facilitation Act of 1997
(subtitle B of title XXXV of Public Law 105-85; 110 Stat.
2062), or the Panama Canal Commission Authorization Act for
Fiscal Year 1999''.
SEC. 3508. CENTRAL EXAMINING OFFICE.
(a) Repeal.--Section 1223 (22 U.S.C. 3663) is repealed.
(b) Clerical Amendment.--The table of contents in section 1
is amended by striking out the item relating to section 1223.
SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.
(a) Commission Liability Subject to Claimant Insurance.--
(1) Section 1411(a) (22 U.S.C. 3771(a)) is amended by inserting
``to section 1419(b) of this Act and'' after ``Subject'' in the
first sentence.
(2) Section 1412 (22 U.S.C. 3772) is amended by striking
out ``The Commission'' in the first sentence and inserting in
lieu thereof ``Subject to section 1419(b) of this Act, the
Commission''.
(3) Section 1416 (22 U.S.C. 3776) is amended by striking
out ``A claimant'' in the first sentence and inserting in lieu
thereof ``Subject to section 1419(b) of this Act, a claimant''.
(b) Authority to Require Claimants To Be Covered by
Insurance.--Section 1419 (22 U.S.C. 3779) is amended--
(1) by inserting ``(a)'' before ``The Commission'';
and
(2) by adding at the end the following:
``(b)(1) The Commission may by regulation require as a
condition of transit through the Panama Canal or presence in
the Panama Canal or waters adjacent thereto that any potential
claimant under section 1411 or 1412 of this Act be covered by
insurance against the types of injuries described in those
sections. The amount of insurance so required shall be
specified in those regulations, but may not exceed $1,000,000.
``(2) In a claim under section 1411 or 1412 of this Act for
which the Commission has required insurance under
thissubsection, the Commission's liability shall be limited to the
amount of damages in excess of the amount of insurance required by the
Commission.
``(3) In regulations under this subsection, the Commission
may prohibit consideration or payment by it of claims presented
by or on behalf of an insurer or subrogee of a claimant in a
case for which the Commission has required insurance under this
subsection.''.
SEC. 3510. PANAMA CANAL BOARD OF CONTRACT APPEALS.
(a) Establishment and Pay of Board.--Section 3102(a) (22
U.S.C. 3862(a)) is amended--
(1) in paragraph (1), by striking out ``shall'' in
the first sentence and inserting in lieu thereof
``may''; and
(2) by adding at the end the following new
paragraph:
``(3) Compensation for members of the Board of Contract
Appeals shall be established by the Commission's supervisory
board. The annual compensation established for members may not
exceed the rate of basic pay established for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code. The compensation of a member may not be reduced during
the member's term of office from the level established at the
time of the appointment of the member.''.
(b) Deadline for Commencement of Board.--Section 3102(e)
(22 U.S.C. 3862(e)) is amended by striking out ``, but not
later than January 1, 1999''.
SEC. 3511. RESTATEMENT OF REQUIREMENT THAT SECRETARY OF DEFENSE
DESIGNEE ON PANAMA CANAL COMMISSION SUPERVISORY
BOARD BE A CURRENT OFFICER OF THE DEPARTMENT OF
DEFENSE.
(a) Authority.--Section 1102(a) (22 U.S.C. 3612(a)) is
amended--
(1) by striking out the first sentence and
inserting in lieu thereof the following: ``The
Commission shall be supervised by a Board composed of
nine members, one of whom shall be an officer of the
Department of Defense. The officer of the Department of
Defense who shall serve on the Board shall be
designated by the Secretary of Defense and may continue
to serve on the Board only while continuing to serve as
an officer of the Department of Defense.''; and
(2) in the last sentence, by striking out
``Secretary of Defense or a designee of the Secretary
of Defense'' and inserting in lieu thereof ``the
officer of the Department of Defense designated by the
Secretary of Defense to be a member of the Board''.
(b) Repeal of Superseded Provision.--Section 302 of Public
Law 105-18 (111 Stat. 168) is repealed.
SEC. 3512. TECHNICAL AMENDMENTS.
(a) Panama Canal Act of 1979.--The Panama Canal Act of 1979
is amended as follows:
(1) Section 1202(c) (22 U.S.C. 3642(c)) is
amended--
(A) by striking out ``the day before the
date of the enactment of the Panama Canal
Transition Facilitation Act of 1997'' and
inserting in lieu thereof ``November 17,
1997,'';
(B) by striking out ``on or after that
date''; and
(C) by striking out ``the day before the
date of enactment'' and inserting in lieu
thereof ``that date''.
(2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is
amended by inserting ``the'' after ``by the head of''.
(3) Section 1313 (22 U.S.C. 3723) is amended by
striking out ``subsection (d)'' in each of subsections
(a), (b), and (d) and inserting in lieu thereof
``subsection (c)''.
(4) Sections 1411(a) and 1412 (22 U.S.C. 3771(a),
3772) are amended by striking out ``the date of the
enactment of the Panama Canal Transition Facilitation
Act of 1997'' and inserting in lieu thereof ``by
November 18, 1998''.
(5) Section 1416 (22 U.S.C. 3776) is amended by
striking out ``the date of the enactment of the Panama
Canal Transition Facilitation Act of 1997'' and
inserting in lieu thereof ``by May 17, 1998''.
(b) Public Law 104-201.--Effective as of September 23,
1996, and as if included therein as enacted, section 3548(b)(3)
of the Panama Canal Act Amendments of 1996 (subtitle B of title
XXXV of Public Law 104-201; 110 Stat. 2869) is amended by
striking out ``section'' in both items of quoted matter and
inserting in lieu thereof ``sections''.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1999.
Sec. 3602. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3603. Authority to convey certain National Defense Reserve Fleet
vessels.
Sec. 3604. Clearinghouse for maritime information.
Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY.
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. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL.
(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 a purchaser for use as a self-
propelled 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) competitive procedures are used for
sales under this section;
(B) the vessel is sold for not less than
the fair market value of the vessel in the
United States, as determined by the Secretary
of Transportation;
(C) the recipient agrees that any repair,
except for emergency repairs, restoration, or
reconstruction work for the vessel will be
performed in the United States;
(D) 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
(E) 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 section 801
of the Act of June 2, 1951 (65 Stat. 59; 46 U.S.C. App. 1241a)
and shall be available and expended in accordance with section
6(a) of the National Maritime Heritage Act (16 U.S.C. App.
5405(a)).
SEC. 3603. AUTHORITY TO CONVEY CERTAIN NATIONAL DEFENSE RESERVE FLEET
VESSELS.
(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 limited
purpose of reconstruction of those vessels for sale or charter
to a North Atlantic Treaty Organization country for full use as
an oiler.
(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) competitive procedures are used for
sales under this section;
(B) the vessel is sold for not less than
the fair market value of the vessel in the
United States, as determined by the Secretary
of Transportation;
(C) the recipient agrees that any repair,
except for emergency repairs, restoration, or
reconstruction work for the vessel will be
performed in the United States;
(D) 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;
(E) 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; and
(F) with respect to the vessel, the
recipient remains subject to all laws and
regulations governing the export of military
items, including the requirements administered
by the Department of State regarding export
licenses and certification of nontransfer end
use.
(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 section 801 of the Act of June 2, 1951 (65 Stat. 59; 46
U.S.C. App. 1241a) and shall be available and expended in
accordance with section 6(a) of the National Maritime Heritage
Act (16 U.S.C. App. 5405(a)).
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 may 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.
TITLE XXXVII--INCREASED MONITORING OF PRODUCTS MADE WITH FORCED LABOR
Sec. 3701. Authorization for additional customs personnel to monitor the
importation of products made with forced labor.
Sec. 3702. Reporting requirement on forced labor products destined for
the United States market.
Sec. 3703. Renegotiating memoranda of understanding on forced labor.
SEC. 3701. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR
THE IMPORTATION OF PRODUCTS MADE WITH FORCED LABOR.
There are authorized to be appropriated for monitoring by
the United States Customs Service of the importation into the
United States of products made with forced labor, the
importation of which violates section 307 of the Tariff Act of
1930 or section 1761 of title 18, United States Code,
$2,000,000 for fiscal year 1999.
SEC. 3702. REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED FOR
THE UNITED STATES MARKET.
(a) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Commissioner of Customs
shall prepare and transmit to the Congress a report on products
made with forced labor that are destined for the United States
market.
(b) Contents of Report.--The report under subsection (a)
shall include information concerning the following:
(1) The extent of the use of forced labor in
manufacturing products destined for the United States
market.
(2) The volume of products made with forced labor,
destined for the United States market, that is in
violation of section 307 of the Tariff Act of 1930 or
section 1761 of the title 18, United States Code, and
is seized by the United States Customs Service.
(3) The progress of the United States Customs
Service in identifying and interdicting products made
with forced labor that are destined for the United
States market.
SEC. 3703. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.
It is the sense of the Congress that the President should
determine whether any country with which the United States has
a memorandum of understanding with respect to reciprocal trade
which involves goods made with forced labor is frustrating
implementation of the memorandum. Should an affirmative
determination be made, the President should immediately
commence negotiations to replace the current memorandum of
understanding with one providing for effective procedures for
the monitoring of forced labor, including improved procedures
to request investigations by international monitors of
worksites suspected to be in violation of any such memorandum.
TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS
Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Re-establishment of initiative on automotive parts sales to
Japan.
Sec. 3804. Establishment Of Special Advisory Committee on automotive
parts sales in Japanese and other Asian markets.
Sec. 3805. Expiration date.
SEC. 3801. SHORT TITLE.
This title may be cited as the ``Fair Trade in Automotive
Parts Act of 1998''.
SEC. 3802. DEFINITIONS.
In this title:
(1) Japanese markets.--The term ``Japanese
markets'' refers to markets, including markets in the
United States and Japan, where automotive parts and
accessories, both original equipment and aftermarket,
are purchased for use in the manufacture or repair of
Japanese automobiles.
(2) Japanese and other asian markets.--The term
``Japanese and other Asian markets'' refers to markets,
including markets in the United States, Japan, and
other Asian countries, where automotive parts and
accessories, both original equipment and aftermarket,
are purchased for use in the manufacture or repair of
Japanese, United States, or other Asian automobiles.
SEC. 3803. RE-ESTABLISHMENT OF INITIATIVE ON AUTOMOTIVE PARTS SALES TO
JAPAN.
(a) In General.--The Secretary of Commerce shall re-
establish the initiative to increase the sale of United States-
made automotive parts and accessories to Japanese markets.
(b) Functions.--In carrying out this section, the Secretary
shall--
(1) foster increased access for United States-made
automotive parts and accessories to Japanese companies,
including specific consultations on access to Japanese
markets;
(2) facilitate the exchange of information between
United States automotive parts manufacturers and the
Japanese automobile industry;
(3) collect data and market information on the
Japanese automotive industry regarding needs, trends,
and procurement practices, including the types, volume,
and frequency of parts sales to Japanese automobile
manufacturers;
(4) establish contacts with Japanese automobile
manufacturers in order to facilitate contact between
United States automotive parts manufacturers and
Japanese automobile manufacturers;
(5) report on and attempt to resolve disputes,
policies, or practices, whether public or private, that
result in barriers to increased commerce between United
States automotive parts manufacturers and Japanese
automobile manufacturers;
(6) take actions to initiate periodic consultations
with officials of the Government of Japan regarding
sales of United States-made automotive parts in
Japanese markets; and
(7) transmit to Congress the annual report prepared
by the Special Advisory Committee under section
3804(c)(5).
SEC. 3804. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON AUTOMOTIVE
PARTS SALES IN JAPANESE AND OTHER ASIAN MARKETS.
(a) In General.--The Secretary of Commerce shall seek the
advice of the United States automotive parts industry in
carrying out this title.
(b) Establishment of Committee.--The Secretary of Commerce
shall establish a Special Advisory Committee for purposes of
carrying out this title.
(c) Functions.--The Special Advisory Committee established
under subsection (b) shall--
(1) report to the Secretary of Commerce on barriers
to sales of United States-made automotive parts and
accessories in Japanese and other Asian markets;
(2) review and consider data collected on sales of
United States-made automotive parts and accessories in
Japanese and other Asian markets;
(3) advise the Secretary of Commerce during
consultations with other governments on issues
concerning sales of United States-made automotive parts
in Japanese and other Asian markets;
(4) assist in establishing priorities for the
initiative established under section 3803, and
otherwise provide assistance and direction to the
Secretary of Commerce in carrying out the intent of
that section; and
(5) assist the Secretary in reporting to Congress
by submitting an annual written report to the Secretary
on the sale of United States-made automotive parts in
Japanese and other Asian markets, as well as any other
issues with respect to which the Committee provides
advice pursuant to this title.
(d) Authority.--The Secretary of Commerce shall draw on
existing budget authority in carrying out this title.
SEC. 3805. EXPIRATION DATE.
The authority under this title shall expire on December 31,
2003.
TITLE XXXIX--RADIO FREE ASIA
Sec. 3901. Short title.
Sec. 3902. Authorization of appropriations for increased funding for
Radio Free Asia and Voice of America broadcasting to China.
Sec. 3903. Reporting requirement.
SEC. 3901. SHORT TITLE.
This title may be cited as the ``Radio Free Asia Act of
1998''.
SEC. 3902. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR
RADIO FREE ASIA AND VOICE OF AMERICA BROADCASTING
TO CHINA.
(a) Authorization of Appropriations for Radio Free Asia.--
(1) Authorization of appropriations.--There are
authorized to be appropriated for ``Radio Free Asia''
$22,000,000 for fiscal year 1999.
(2) Sense of the congress.--It is the sense of the
Congress that a significant amount of the funds under
paragraph (1) should be directed toward broadcasting to
China and Tibet in the appropriate languages and
dialects.
(b) Authorization of Appropriations for International
Broadcasting to China.--In addition to such sums as are
otherwise authorized to be appropriated to the United States
Information Agency for ``International Broadcasting
Activities'' for fiscal year 1999, there are authorized to be
appropriated for ``International Broadcasting Activities''
$3,000,000 for fiscal year 1999, which shall be available only
for enhanced Voice of America broadcasting to China.
(c) Authorization of Appropriations for Radio
Construction.--In addition to such sums as are otherwise
authorized to be appropriated for ``Radio Construction'' for
fiscal year 1999, there are authorized to be appropriated for
``Radio Construction'' $2,000,000 for fiscal year 1999, which
shall be available only for construction in support of enhanced
broadcasting to China, including the timely augmentation of
transmitters at Tinian, the Commonwealth of the Northern
Mariana Islands.
SEC. 3903. REPORTING REQUIREMENT.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Broadcasting Board of Governors
shall prepare and submit to the appropriate congressional
committees an assessment of the board's efforts to increase
broadcasting by Radio Free Asia and Voice of America to China
and Tibet. This report shall include an analysis of Chinese
government control of the media, the ability of independent
journalists and news organizations to operate in China, and the
results of any research conducted to quantify listenership.
(b) Definition.--As used in this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(2) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
And the Senate agree to the same.
From the Committee on National Security, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
J.C. Watts, Jr.,
William M. Thornberry,
Saxby Chambliss,
Walter B. Jones,
Michael Pappas,
Bob Riley,
Ike Skelton,
Norman Sisisky,
John M. Spratt, Jr.,
Solomon P. Ortiz,
Owen Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Jane Harman,
Paul McHale,
Patrick J. Kennedy,
Thomas H. Allen,
Vic Snyder,
James H. Maloney,
As additional conferees from the Permanent
Select Committee on Intelligence, for
consideration of matters within the
jurisdiction of that committee under clause 2
of rule XLVIII:
Porter J. Goss,
Jerry Lewis,
Norm Dicks,
As additional conferees from the Committee on
Banking and Financial Services, for
consideration of section 1064 of the Senate
amendment:
Jim Leach,
Michael N. Castle,
John J. LaFalce,
As additional conferees from the Committee on
Commerce for consideration of sections 601,
3136, 3151, 3154, 3201, 3401, 3403, 3404, 3405,
3406, and 3407 of the House bill, and sections
321, 601, 1062, 3133, 3140, 3142, 3144, 3201,
and title XXXVIII of the Senate amendment, and
modifications committed to conference:
Thomas J. Bliley, Jr.,
Dan Schaefer,
John D. Dingell,
Provided that Mr. Oxley is appointed in lieu of
Mr. Dan Schaefer for consideration of section
321 of the Senate amendment.
Michael G. Oxley,
Provided that Mr. Bilirakis is appointed in
lieu of Mr. Dan Schaefer for consideration of
section 601 of the House bill, and section 601
of the Senate amendment.
Mike Bilirakis,
Provided that Mr. Tauzin is appointed in lieu
of Mr. Dan Schaefer for consideration of
section 1062 and Title XXXVIII of the Senate
amendment.
Billy Tauzin,
As additional conferees from the Committee on Education
and the Workforce, for consideration of sections 361, 364, 551,
and 3151 of the House bill, and sections 522, 643, and 1055 of
the Senate amendment, and modifications committed to
conference:
Tom Petri,
Frank Riggs,
Tim Roemer,
As additional conferees from the Committee on Government
Reform and Oversight, for consideration of sections 368, 729,
1025, 1042, and 1101-1106 of the House bill, and sections 346,
623, 707, 805, 806, 813, 814, 815, 816, 1101-1105, 3142, 3144,
3145, 3162-3172 and 3510 of the Senate amendment, and
modifications committed to conference:
Dan Burton,
John L. Mica,
Provided that Mr. Horn is appointed in lieu of
Mr. Mica for consideration of section 368 of
the House bill and sections 346, 623, 707, 805,
806, 813, 814, 815, and 816 of the Senate
amendment.
Stephen Horn,
As additional conferees from the Committee on
International Relations, for consideration of sections 233,
1021, 1043, 1044, 1201, 1204, 1205, 1210, 1211, 1213, 1216, and
Title XIII of the House bill, and sections 326, 332, 1013,
1041, 1042, 1074, 1084, 3506, 3601, 3602, and 3901-3904 of the
Senate amendment, and modifications committed to conference:
Benjamin A. Gilman,
Doug Bereuter,
Lee H. Hamilton,
As additional conferees from the Committee on
International Relations, for consideration of
sections 1207, 1208, 1209, and 1212 of the
House bill, and modifications committed to
conference:
Benjamin A. Gilman,
Doug Bereuter,
Christopher H. Smith,
Dan Burton,
Dana Rohrabacher,
Lee H. Hamilton,
Tom Lantos,
As additional conferees from the Committee on
the Judiciary for consideration of sections
1045 and 2812 of the House bill and section
1077 of the Senate amendment, and modifications
committed to conference:
Henry J. Hyde,
Ed Bryant,
As additional conferees from the Committee on
Resources, for consideration of sections 601,
2812, and 3404-3407 of the House bill, and
section 601, 2828, and Title XXIX of the Senate
amendment and modifications committed to
conference:
Don Young,
Billy Tauzin,
As additional conferees from the Committee on
Science, for consideration of sections 3135 and
3140 of the Senate amendment, and modifications
committed to conference:
F. James Sensenbrenner, Jr.,
Ken Calvert,
George E. Brown, Jr.,
As additional conferees from the Committee on
Transportation and Infrastructure, for
consideration of sections 552, 601, 1411, and
1413 of the House bill, and sections 323, 601,
604, and 1080 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Sherwood Boehlert,
Bob Clement,
As additional conferees from the Committee on
Veterans' Affairs for consideration of sections
556 and 1046 of the House bill, and sections
618, 619, 644, and 1082 of the Senate
amendment, and modifications committed to
conference:
Christopher H. Smith,
Mike Bilirakis,
Ciro D. Rodriguez,
As additional conferees from the Committee on
Ways and Means, for consideration of Titles
XXXVII and XXXVIII of the Senate amendment, and
modifications committed to conference:
Philip M. Crane,
Bill Thomas,
Robert T. Matsui,
Managers on the Part of the House.
Strom Thurmond,
John Warner,
John McCain,
Dan Coats,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Carl Levin,
Edward M. Kennedy,
Jeff Bingaman,
John Glenn,
Robert C. Byrd,
Chuck Robb,
Joseph I. Lieberman,
Max Cleland,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3616) to
authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, for military
construction, and for defense programs of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck out all of the House bill
after the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment which is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Summary Statement of Conference Action
The conferees recommend authorizations for the Department
of Defense for procurement, research and development, test and
evaluation, operation and maintenance, working capital funds,
military construction and family housing, weapons programs of
the Department of Energy, and the civil defense that have
budget authority implications of $270.5 billion.
Summary Table of Authorizations
The defense authorization act provides authorizations for
appropriations but does not generally provide budget authority.
Budget authority is provided in appropriations acts.
In order to relate the conference recommendations to the
Budget Resolution, matter in addition to the dollar
authorizations contained in this bill must be taken into
account. A number of programs in the defense function are
authorized permanently or, in certain instances, authorized in
other annual legislation. In addition, this authorization bill
would establish personnel levels and include a number of
legislative provisions affecting military compensation.
The following table summarizes authorizations included in
the bill for fiscal year 1999 and, in addition, summarizes the
implications of the conference action for the budget totals for
national defense (budget function 050).
Congressional Defense Committees
The term ``congressional defense committees'' is often
used in this statement of the managers. It means the Defense
Authorization and Appropriations Committees of the Senate and
House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
Procurement Overview
The budget request for fiscal year 1999 contained an
authorization of $49,109.6 million for Procurement in the
Department of Defense. The House bill would authorize $49,455.3
million. The Senate amendment would authorize $49,856.5
million. The conferees recommended an authorization of
$49,898.4 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
Overview
The budget request for fiscal year 1999 contained an
authorization of $1,325.9 million for Aircraft Procurement,
Army in the Department of Defense. The House bill would
authorize $1,420.8 million. The Senate amendment would
authorize $1,462.5 million. The conferees recommended an
authorization of $1,396.0 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
Airborne reconnaissance low
The budget request included $13.1 million for airborne
reconnaissance low (ARL).
The House bill would authorize an additional $35.0
million. Of this amount, $30.0 million would be used to procure
an additional aircraft, and $5.0 million would be used for a
moving target indicator (MTI)/synthetic aperture radar (SAR) to
upgrade a previously fielded aircraft.
The Senate amendment would authorize the budget request.
The House recedes.
C-XX (medium range) aircraft
The budget request included no funds for the UC-35
program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $15.9
million for three additional aircraft.
The House recedes.
UH-60 Blackhawk
The budget request included $243.8 million for 22 UH-60s.
The House bill would authorize an increase of $66.4
million for eight additional UH-60s.
The Senate amendment would authorize an increase of $78.5
million for eight additional UH-60s.
The conferees agree to authorize an increase of $66.4
million for eight additional UH-60 aircraft. The conferees
understand that this amount is sufficient to procure these
additional aircraft and expect the Army to request funding in
future budget submissions for advanced procurement requirements
associated with future year procurements.
AH-64 modifications
The budget request included $52.9 million for Apache
helicopter modifications.
The House bill and Senate amendment would authorize the
budget request.
The conferees agree to authorize an increase of $4.5
million, as follows:
(1) $3.0 million for the vibration management
enhancement program; and
(2) $1.5 million for two engine upgrade kits and
qualification of those kits.
CH-47 cargo helicopter modifications
The budget request included $101.2 million for CH-47
Chinook helicopter modifications.
The House bill would authorize a decrease of $12.7
million, as follows:
(1) $8.2 million for T55 engine conversion kits; and
(2) $4.5 million for engine conversions to make them
consistent with the number of engine fielding kits being
procured.
The Senate amendment would authorize the budget request.
The conferees agree to a $12.7 million decrease for CH-47
modifications.
C-12 modifications
The budget request included $2.7 million for C-12
modifications.
The House bill would authorize an increase of $7.0
million for avionics upgrades.
The Senate amendment would authorize an increase of $6.0
million for avionics upgrades.
The conferees agree to an increase of $6.5 million for
avionics upgrades.
OH-58D Kiowa Warrior
The budget request included $40.4 million for OH-58D
Kiowa Warrior safety upgrades.
The House bill would authorize an increase of $16.0
million to accelerate the aircraft safety upgrade program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $13.0
million to support acceleration of the safety upgrade program.
Aircraft Survivability Equipment
The budget request included $5.1 million for aircraft
survivability equipment.
The House bill would authorize an increase of $7.4
million to upgrade aircraft survivability equipment trainer IV
(ASET IV) training systems with infrared surface-to-air missile
simulators and night vision cameras.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.4
million to upgrade existing ASET IV equipment and provide for
an improved night time training capability.
Army airborne command and control system
The budget request included $24.4 million for Army
airborne command and control system procurement.
The House bill would authorize a decrease of $11.0
million.
The Senate amendment would authorize the budget request.
The conferees authorize a decrease of $24.4 million for
this program.
Overview
The budget request for fiscal year 1999 contained an
authorization of $1,205.8 million for Missile Procurement, Army
in the Department of Defense. The House bill would authorize
$1,232.3 million. The Senate amendment would authorize $1,171.5
million. The conferees recommended an authorization of $1,228.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Enhanced fiber optic guided missile
The budget request included $13.7 million for enhanced
fiber optic guided missile (E-FOGM) procurement.
The House bill would authorize a decrease of $13.2
million and would eliminate procurement of E-FOGM missiles.
The Senate amendment would authorize a decrease of $13.7
million and would eliminate procurement of E-FOGM missiles.
The conferees agree to authorize a decrease of $13.7
million and eliminate procurement of E-FOGM missiles.
Javelin system
The budget request included $320.0 million to procure
Javelin anti-tank missiles.
The House bill would authorize an increase of $20.0
million to accelerate fielding.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $16.0
million for Javelin missile systems.
Multiple launch rocket system rockets
The budget request included $16.5 million for the
procurement of multiple launch rocket system (MLRS) rockets.
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $16.5
million, which would eliminate the procurement of extended
range rockets due to excessively high component cost issues.
The conferees agree to authorize a decrease of $16.5
million and eliminate procurement of MLRS rockets in fiscal
year 1999.
Multiple launch rocket system launcher
The budget request included $85.4 million for multiple
launch rocket system (MLRS) launchers.
The House bill would authorize a total increase of $40.0
million, as follows:
(1) a decrease of $10.0 million for engineering
services; and
(2) an increase of $50.0 million to procure
additional MLRS launchers for Army National Guard
(ARNG) units.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $45.0
million to continue modernization of ARNG MLRS battalions, of
which $21.0 million is to be used for ASIOE for two MLRS
battalions and $24.0 million to procure new launchers. The
conferees have learned that the Army has recently announced a
change in MLRS force structure which will reduce the size of
current MLRS battalions from 27 launchers per battalion to 18
launchers. When fully implemented, this action will make
available sufficient MLRS launchers to complete the fielding of
the remaining 11 Corps artillery battalion in the ARNG. The
conferees note, however, that the ``cascading'' of these MLRS
launchers to the ARNG will require associated support items of
equipment (ASIOE) for which there is no funding currently
available and that seven MLRS battalions of ARNG heavy
divisions remain unfunded.
Overview
The budget request for fiscal year 1999 contained an
authorization of $1,433.6 million for Weapons and Tracked
Combat Vehicles Procurement, Army in the Department of Defense.
The House bill would authorize $1,507.6 million. The Senate
amendment would authorize $1,439.1 million. The conferees
recommended an authorization of $1,507.6 million. Unless noted
explicitly in the statement of managers, all changes are made
without prejudice.
Bradley base sustainment
The budget request included $285.8 million for Bradley
base sustainment.
The House bill would authorize an increase of $75.0
million for modification of basic Bradley vehicles to the M2A2
operation desert storm configuration for the Army National
Guard.
The Senate amendment would support the budget request.
The conferees agree to authorize an increase of $70.0
million for Bradley A2 ODS modifications for the Army National
Guard.
M240 machine gun
The budget request included $6.5 million for the
procurement of M240 machine guns.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $6.5
million to stabilize M240 production and meet warfighting
requirements.
The conferees agree to authorize an increase of $6.5
million for M240 machine gun requirements necessary to
stabilize production rates.
MK-19 grenade launcher
The budget request included $12.2 million for the MK-19
automatic grenade launcher.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $3.0
million for launcher mounts.
The conferees agree to authorize an increase of $3.0
million to procure 800 launcher mounts for the MK-19.
Overview
The budget request for fiscal year 1999 contained an
authorization of $1,008.9 million for Ammunition Procurement,
Army in the Department of Defense. The House bill would
authorize $1,053.5 million. The Senate amendment would
authorize $1,007.2 million. The conferees recommended an
authorization of $1,016.3 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
M830A1 120mm tank ammunition
The budget request included no funds for procurement of
M830A1 120mm tank ammunition.
The House bill would authorize an increase of $10.0
million to procure M830A1 rounds.
The Senate bill would authorize an increase of $15.0
million to procure 4,500 M830A1 rounds to replace a like number
of war reserve M830A1's which are being converted to the XM908
obstacle demolition configuration.
The conferees agree to authorize an increase of $15.0
million to procure 4,500 M830A1 rounds.
The conferees are aware that the Army has a requirement
for more obstacle demolition rounds. The conferees believe that
the Army should undertake a thorough review of its requirement
for these rounds and include them in its budget request for
fiscal year 2000.
Overview
The budget request for fiscal year 1999 contained an
authorization of $3,198.8 million for Other Procurement, Army
in the Department of Defense. The House bill would authorize
$3,136.9 million. The Senate amendment would authorize $3,556.9
million. The conferees recommended an authorization of $3,344.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
High mobility multipurpose wheeled vehicles
The budget request included $12.1 million for high
mobility multipurpose wheeled vehicles (HMMWV).
The House bill would authorize an increase of $10.0
million for up-armored upgrade requirements.
The Senate amendment would authorize an increase of $65.7
million to maintain production of vehicles necessary to support
Army and Marine Corps plans to begin a fleet replacement
program.
The conferees agree to authorize an increase of $65.7
million for new HMMWV production.
Family of medium tactical vehicles
The budget request included $332.0 million for family of
medium tactical vehicle trucks.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $88.0
million to sustain family of medium tactical vehicles (FMTV)
production.
The conferees agree to authorize an increase of $42.5
million to support production requirements and field critically
needed trucks to replace an aging fleet.
Medium truck extended service program
The budget request included $37.2 million for the medium
truck extend service program (ESP).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $93.9
million. Of this amount, $30.0 million would be made available
to meet Army National Guard (ARNG) requirements.
The conferees agree to authorize an increase of $20.0
million for ARNG medium truck rebuild requirements.
High mobility multipurpose wheeled vehicle extended service program
The budget request included $24.8 million for the high
mobility multipurpose wheeled vehicle (HMMWV) extended service
program (ESP).
The House bill would authorize a decrease of $24.8
million in response to Army plans to field new vehicles.
The Senate amendment would authorize the budget request.
The conferees agree to authorize no funds for this
program and support the Army request for additional funding
necessary for new vehicle production.
Project management support
The budget request included $2.4 million for project
management support.
The House bill and the Senate amendment would authorize a
decrease of $1.0 million.
The conferees agree to authorize a decrease of $1.0
million for project management support.
System fielding support
The budget request included $4.2 million for system
fielding support.
The House bill would authorize a decrease of $1.2
million.
The Senate amendment would authorize a decrease of $1.0
million.
The conferees agree to authorize a decrease of $1.0
million for system fielding support.
Army data distribution system
The budget request included $24.0 million for the Army
data distribution system.
The House bill would authorize an increase of $5.0
million.
The Senate amendment would authorize an increase of $28.0
million for both active and reserve component requirements for
enhanced position location reporting systems (EPLRS) necessary
to meet Army digitization requirements.
The conferees agree to authorize an increase of $28.0
million for EPLRS requirements.
Single channel ground and airborne radio system
The budget request included $13.2 million for the single
channel ground and airborne radio system (SINCGARS).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase $61.9
million for Army National Guard (ARNG) enhanced brigade
requirements.
The conferees agree to authorize an increase of $50.0
million for SINCGARS requirements for the ARNG enhanced
brigades.
Area common user system modernization program
The budget request included $97.1 million for area common
user system (ACUS) modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $47.8
million to support Army requirements to downsize system
shelters.
The conferees agree to authorize an increase of $35.0
million for system downsizing requirements.
Ground based common sensor
The budget request included $25.4 million for the ground
based common sensor (GBCS).
The House bill would authorize a decrease of $11.2
million, as follows:
(1) A $9.7 million decrease for GBCS-light; and
(2) A $1.5 million decrease because of duplicate
entries for the common modules electronic intelligence
system in the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $11.2
million for GBCS.
Joint surveillance and target attack radar system common ground system
The budget request included $87.2 million for Army joint
surveillance and target attack radar system (JSTARS) common
ground equipment.
The House bill would authorize an increase of $10.0
million for 24 JSTARS workstations.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million for seven additional JSTARS workstations.
Joint tactical terminal
The budget request included $6.5 million in Other
Procurement, Army for integrated broadcast terminal
modifications, and $5.7 million in Other Procurement, Air Force
for intelligence communications equipment.
The House bill would authorize an increase of $5.0
million for the Army, and $3.0 million for the Air Force, to
reduce delivery delays for intelligence broadcast transceivers
caused by contract protests that have since been resolved.
The Senate amendment would authorize the budget request.
The Senate recedes.
Shortstop electronic protection system
The budget request included no funds for the Shortstop
system.
The House bill would authorize an increase of $15.0
million for Shortstop electronic protection systems.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $13.0
million to procure additional Shortstop electronic protection
systems.
Night vision
The budget request included $29.6 million for night
vision equipment.
The House bill would authorize an increase of $9.0
million for AN/PEQ-2A infrared target pointers.
The Senate amendment would authorize an increase of $13.5
million, as follows:
(1) $9.0 million for AN/PEQ-2A infrared target
pointers; and
(2) $4.5 million for AN/PEQ-4C infrared aiming
lights.
The conferees agree to authorize an increase of $43.1
million, an increase of $13.5 million, for night vision
equipment. Of this amount, $9.0 million is for AN/PEQ-2A
infrared target pointers and $4.5 million is for AN/PEQ-4C
infrared aiming lights.
Automated data processing equipment
The budget request included $130.7 million for automated
data processing equipment.
The House bill would authorize a reduction of $19.1
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a total decrease of
$19.1 million for the joint computer aided logistics system.
Land warrior
The budget request included $51.4 million for land
warrior equipment procurement.
The House bill would authorize an increase of $5.0
million for all-torso body armor.
The Senate amendment would authorize the budget request.
The conferees are aware of a significant number of cost
and technical problems associated with this program. The
conferees, therefore, agree to authorize no funds for this
program for fiscal year 1999 and further direct the Secretary
of the Army to review program cost and technical issues. The
conferees further direct the Secretary of the Army provide a
report on future requirements and resolution of outstanding
technical issues to the congressional defense committees, no
later than January 31, 1999.
Small pusher tug
The budget request included $4.3 million for one small
pusher tug.
The House bill would authorize an increase of $4.3
million for two additional small pusher tugs.
The Senate amendment authorized the budget request.
The conferees agree to authorize an increase of $4.3
million for two additional small pusher tugs.
Training devices, nonsystem
The budget request included $56.8 million for nonsystem
training devices.
The House bill would authorize an increase of $4.0
million for four fire fighter trainers.
The Senate amendment would authorize a decrease of $16.1
million for the MILES 2000 program.
The conferees agree to authorize an increase of $4.0
million for fire fighter training devices and an increase of
$5.0 million for engagement skills trainers.
Simulation network/close combat tactical trainer
The budget request included $113.9 million for simulation
network (SIMNET) close combat tactical trainer (CCTT).
The House bill would authorize a decrease of $29.4
million, as follows:
(1) $17.0 million for modules and sight equipment;
(2) $2.4 million for commercial trainers; and
(3) $10.0 million for commercial image generators.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $29.4
million.
R2000 engine flush system
The budget request included no funds for the R2000 engine
flush system.
The House bill would authorize an increase of $5.0
million for this equipment.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million for the R2000 engine flush system.
Overview
The budget request for fiscal year 1999 contained an
authorization of $7,466.7 million for Aircraft Procurement,
Navy in the Department of Defense. The House bill would
authorize $7,420.8 million. The Senate amendment would
authorize $7,477.9 million. The conferees recommended an
authorization of $7,642.2 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
AV-8B
The budget request included $300.2 million for the AV-8B
remanufacturing program.
The House bill would authorize a decrease of $3.2
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $3.2
million.
F/A-18E/F
The budget request included $2,876.1 million for the F/A-
18E/F.
The House bill would authorize a decrease of $204.7
million and would reduce the fiscal year 1999 production from
30 aircraft to 27 aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize production of 30
aircraft and to a decrease of $14.0 million from the budget
request.
V-22
The budget request included $610.8 million to procure
seven V-22 tilt-rotor aircraft and $54.0 million for advance
procurement of 10 aircraft in fiscal year 2000.
The House bill would authorize a net increase of $64.0
million, including an increase of $78.0 million for the
procurement of one additional aircraft and a decrease of $14.0
million for particular ground support equipment.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $78.0
million for the procurement of one additional aircraft.
JPATS
The budget request included no funds for the naval
version of the T-6A.
The House bill would authorize an increase of $12.2
million for four aircraft for the Navy.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
EA-6 Series modifications
The budget request included $75.7 million for various EA-
6 series modifications.
The House bill would authorize an increase of $39.0
million for the band 9/10 transmitter/receiver upgrade.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $25.0
million for band 9/10 transmitter/receivers and note that the
timely authorization for additional band 9/10 transmitters
would allow the contractor to modify those transmitters to
permit the transmitters to jam in the adjoining frequency
range, band 7/8 (called ``modified band 9/10 transmitters'').
F-14 Series
The budget request included $223.7 million for the F-14
Series aircraft.
The House bill would authorize a decrease of $7.3 million
due to excessive cost growth related to structural
improvements.
The Senate amendment would authorize an increase of $8.0
million for acceleration of the precision strike upgrade.
The conferees agree to authorize an increase of $0.7
million to accelerate the precision strike upgrade, and believe
that the Department of Defense can meet requirements for
structural improvements within the provided amount.
ES-3 Series Modifications
The budget request included $5.2 million for ES-3
modifications.
The House bill would authorize a decrease of $5.2 million
for this program based on a Navy decision to retire the ES-3
aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $5.2
million.
F-18 series modifications
The budget request included $198.0 million for the F-18
series aircraft.
The House bill would authorize a decrease of $3.9
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $3.9
million.
P-3C antisurface warfare improvement program
The budget request included $120.7 million for the
procurement of P-3C antisurface warfare improvement program
(AIP) kits and for associated installation, logistics support,
engineering change proposals and training.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $12.2
million for procurement of P-3C AIP kits.
The conferees agree to authorize an increase of $12.2
million.
Lightweight environmentally sealed parachute assembly
The budget request included no funds for the lightweight
environmentally sealed parachute assembly (LESPA).
The House bill would authorize an increase of $22.0
million to procure LESPA, including $15.0 million for the P-3
and $7.0 million for the E-2C.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $14.0
million to procure LESPA, including $10.0 million for the P-3
and $4.0 million for the E-2C.
E-6 modifications
The budget request included $64.6 million for E-6
modifications.
The House bill would authorize a decrease of the budget
request by $4.6 million.
The Senate amendment would authorize the budget request.
The conferees would authorize the budget request.
Common ground equipment
The budget request included $330.9 million for common
ground equipment.
The House bill would authorize a decrease of $15.4
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $11.9
million due to unjustified predicted price increases for
consolidated automated support systems.
Aircraft industrial facilities
The budget request included $13.7 million for aircraft
industrial facilities.
The House bill would authorize a decrease of $1.8
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $1.8
million for aircraft industrial facilities based on an
unjustified increase for caretaker maintenance.
Overview
The budget request for fiscal year 1999 contained an
authorization of $1,327.5 million for Weapons Procurement, Navy
in the Department of Defense. The House bill would authorize
$1,192.2 million. The Senate amendment would authorize $1,366.0
million. The conferees recommended an authorization of $1,223.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Tactical Tomahawk
The budget request included $66.7 million in PE 24229N
for Tomahawk operational system development, $129.8 million in
Weapons Procurement, Navy (WPN) for the Tomahawk missile
remanufacture program, $90.2 million in Other Procurement, Navy
(OPN) for surface Tomahawk support equipment, and $117.1
million in Operation and Maintenance, Navy (O&M, N) for the
Tomahawk baseline improvement program (TBIP).
The House bill would authorize an increase of $98.6
million in PE 24229N for tactical Tomahawk, an increase of $2.8
million in OPN for TBIP, a decrease of $96.5 million in WPN,
and a decrease of $4.9 million in O&M,N for TBIP.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a $96.5 million decrease
for Tomahawk missile WPN, a $98.6 million increase in PE 24229N
for tactical Tomahawk, and a $4.9 million decrease in O&M, N
for TBIP.
Advanced medium range air-to-air missile
The budget request included $62.6 million for 115
advanced medium range air-to-air missiles (AMRAAM).
The House bill and the Senate amendment would authorize
the budget in Navy AMRAAM procurement request.
The conferees understand that the recent merger of the
two competing prime contractors produced savings of $7.0
million in the production of the AMRAAM for the Navy. The
conferees agree to authorize a decrease of $7.0 million.
Standard missile
The budget request included $225.7 million for 70 Block
III and 45 Block IV Standard missiles.
The House bill would authorize a $20.0 million decrease
based on a 41 percent increase in support costs, despite the
fact that the total number of missiles would only increase by
15 percent from the fiscal year 1998 level.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $15.0
million for Standard missile support.
Penguin missile program
The budget request included no funds for procurement of
Penguin missiles.
The Senate amendment would authorize an increase of $7.5
million for procurement of Penguin missiles to satisfy
outstanding inventory objectives for both the tactical and
telemetry variants of the missile.
The House bill would authorize the budget request.
The conferees agree to authorize the budget request.
Aerial targets
The budget request included $75.5 million for aerial
targets.
The House bill would authorize a decrease of $2.7
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $2.7
million.
Improved tactical air launched decoy
The budget request included $300,000 for drones and
decoys.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.0
million for 70 improved tactical air launched decoys (ITALD).
The conferees agree to authorize an increase of $10.0
million.
Weapons industrial facilities
The budget request included $27.3 million for capital
type rehabilitation projects at government-owned contractor
operated weapons industrial facilities.
The House bill would authorize a decrease of $2.8
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $2.8
million based on unjustified environmental cost increases.
Mk-48 torpedo advanced capability torpedo modifications
The budget request included $52.8 million for procurement
and installation of modifications for the Mk-48 advanced
capability torpedo.
The House bill would authorize a decrease of $2.2
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $2.2
million due to the projected excessive unit cost growth of
installation kits.
Close-in weapon system surface mode upgrade
The budget request included no funds for procurement of
Phalanx surface mode (PSUM) upgrade kits for the close-in
weapon system (CIWS).
The House bill would authorize an increase of $4.0
million for procurement and installation of the surface mode
upgrade kits for amphibious ships.
The Senate amendment would authorize an increase of $10.0
million for procurement and installation of the surface mode
upgrade.
The conferees agree to authorize an increase of $10.0
million for procurement and installation of the surface mode
upgrade.
Surface ship gun mount rotatable pool
The budget request included $900,000 for procurement and
installation of safety shock ordnance alterations to the 5-inch
54 gun installed on surface combatants.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $15.0
million for test facility preparation, procurement of long lead
materials and establishment of a 5-inch 54 Mod 4 rotatable gun
pool as part of the cruiser conversion program which begins in
fiscal year 2001.
The conferees agree to authorize an increase of $8.0
million for the establishment of a 5-inch 54 Mod 4 rotatable
gun pool.
Overview
The budget request for fiscal year 1999 contained an
authorization of $429.5 million for Ammunition Procurement,
Navy and Marine Corps in the Department of Defense. The House
bill would authorize $452.0 million. The Senate amendment would
authorize $475.5 million. The conferees recommended an
authorization of $463.3 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Shoulder launched multi-purpose assault weapon
The budget request included $21.3 million for rockets,
all type.
The House bill would authorize an increase of $17.0
million, in this account, for the shoulder launched multi-
purpose assault weapon (SMAW).
The Senate amendment would authorize an increase of $18.0
million, in this account, for the SMAW.
The conferees agree to authorize an increase of $17.0
million for maintaining the program initiated last year to
repair SMAW High Explosive Dual Purpose rounds currently
restricted from use.
Overview
The budget request for fiscal year 1999 contained an
authorization of $6,252.7 million for Shipbuilding and
Conversion, Navy in the Department of Defense. The House bill
would authorize $5,992.4 million. The Senate amendment would
authorize $6,049.3 million. The conferees recommended an
authorization of $6,033.5 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
LHD-8 advance procurement
The budget request included no funds for LHD-8 advance
procurement.
The House bill would authorize an increase of $10.0
million for advance procurement of LHD-8.
The Senate amendment would authorize an increase of $50.0
million for advance procurement of long lead materials for the
construction of LHD-8 in lieu of a future service life
extension program for LHA-1.
The conferees agreed to authorize an increase of $50.0
million for advanced procurement of long lead materials for the
construction of LHD-8 in lieu of a future service life
extension program for LHA-1.
Strategic sealift
The budget request included $251.4 million in the
Shipbuilding and Conversion, Navy (SCN) account for one large
medium-speed roll-on/roll-off (LMSR) strategic sealift ship.
Section 2218 of title 10, United States Code, establishes the
National Defense Sealift Fund (NDSF) to fund construction of
sealift vessels.
The House bill and the Senate amendment would authorize
the procurement of one LMSR and the $251.4 million requested
for that purpose, but would provide that authorization for the
NDSF account.
The conferees agree to authorize $251.4 million for the
NDSF for construction of one LMSR.
Landing craft air cushion service life extension program
The budget request included no funds for landing craft
air cushion (LCAC) service life extension program (SLEP).
The House bill and the Senate amendment would authorize
an increase of $16.0 million for the service life extension of
two LCAC's.
The conferees agree to authorize an increase of $16.0
million for LCAC SLEP.
Navy shipbuilding outfitting
The budget request included $95.7 million for outfitting
new construction Navy ships with the initial equipment and
spare parts required to operate.
The House bill would authorize a decrease of $7.7
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $3.0
million due to ship delivery schedule slippages and the
concomitant reduced requirements.
Navy shipbuilding post delivery
The budget request included $123.3 million for new
construction ships' post delivery correction of deficiencies.
The House bill would authorize a decrease of $8.3
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $6.0
million.
Overview
The budget request for fiscal year 1999 contained an
authorization of $3,937.7 million for Other Procurement, Navy
in the Department of Defense. The House bill would authorize
$3,969.5 million. The Senate amendment would authorize $4,040.0
million. The conferees recommended an authorization of $4,043.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Other generators
The budget request included $9.6 million for the
procurement and installation of various generators.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $1.2
million for the generator installation that was requested one
fiscal year before the requirement.
The conferees note that the generator that was requested
for procurement and installation in fiscal year 1999 will not
be received for installation until fiscal year 2000.
AN/WSN-7 inertial navigation system and WQN-2 doppler sonar velocity
log
The budget request included $21.8 million for procurement
of AN/WSN-7 ring laser inertial navigation systems. The budget
request included no funds for procurement of WQN-2 doppler
sonar velocity log.
The House bill would authorize an increase of $12.0
million for the procurement and installation of additional AN/
WSN-7 navigation sets, an increase of $6.0 million for
procurement and installation of WQN-2, and an increase of $2.5
million to test and evaluate a second version for possible
future production competition for WQN-2.
The Senate amendment would authorize an increase of $12.0
million for the procurement and installation of additional AN/
WSN-7 navigation sets.
The conferees agree to authorize an increase of $12.0
million to the budget request for the procurement and
installation of additional AN/WSN-7 navigation sets and an
increase of $6.0 million for procurement and installation of
WQN-2.
Pollution control equipment
The budget request included $28.0 million for Navy shore
based operations to comply with hazardous waste management and
disposal requirements, and $149.7 million for Navy shipboard
operations to comply with certain oily waste and gray water
discharge standards and provide for the conversion of
chloroflorocarbon refrigerants.
The House bill would authorize a decrease of $5.5 million
for shore based operations and $19.4 million for shipboard
operations related to Navy hazardous waste compliance
activities.
The Senate amendment would authorize the budget request
to meet Navy shore based and shipboard hazardous waste
compliance requirements.
The conferees agree to authorize a decrease of $5.5
million for shore based operations and $19.4 million for
shipboard operations related to Navy hazardous waste compliance
activities. The conferees direct the Navy to provide adequate
support and justification for future funding requests related
to its environmental compliance obligations.
Hull, mechanical, and electrical under $2.0 million
The budget request included $58.1 million for procurement
and installation of hull, mechanical, and electrical equipment
that cost less than $2.0 million.
The House bill would authorize a decrease of $3.1
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $2.1
million based on unjustified unit cost growth in air
conditioners.
AN/BPS-15H surface search radar
The budget request included no funds for the procurement
of AN/BPS-15H submarine radar navigation sets.
The House bill and the Senate amendment would authorize
an increase of $9.0 million for AN/BPS-15(H) software and
hardware upgrades to bring them into electronic chart display
information systems (ECDIS-N) compliance.
The conferees agree to authorize an increase of $9.0
million for AN/BPS-15(H) software and hardware upgrades for
ECDIS-N compliance.
Submarine acoustic rapid commercial off-the-shelf insertion
The budget request included $70.0 million for submarine
acoustic rapid commercial off-the-shelf insertion (A-RCI).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $25.0
million to accelerate the introduction of A-RCI to the
operating fleet.
The conferees agree to authorize an increase of $15.0
million to accelerate the introduction of A-RCI to the
operating fleet.
Cooperative engagement capability
The budget request included $47.3 million for procurement
and installation of four cooperative engagement capability
(CEC) systems and $131.6 million in PE 63658N for CEC
demonstration and validation. Within the amount requested in PE
63658N, $38.8 million was included for identification and
resolution of interoperability problems in the E-2C aircraft.
The House bill would authorize an increase of $35.0
million for procurement and installation of five additional CEC
systems to meet training and operational requirements. The
House bill would also authorize an increase of $20.0 million to
correct deficiencies discovered during the initial operational
test and evaluation of the system, and support follow-on
testing inpreparation for the interoperability test that would
involve two carrier battle groups. It would also authorize an increase
of $6.0 million for continued development of the CEC test and
evaluation system and linking that system to the military test and
training ranges infrastructure.
The Senate amendment would authorize the budget request.
During congressional review of the fiscal year 1999
budget request, the Navy advised the defense authorization
committees of interoperability problems between the Advanced
Combat Direction System Block 1 (the new combat direction
system for large deck ships such as aircraft carriers) and the
AEGIS Baseline 6 software (which includes the CEC). These
problems occurred during operational test and evaluation of the
ACDS Block 1 system, and resulted in the Commander, Operational
Test and Evaluation Force, declaring that the ACDS Block 1
system was not operationally suitable or effective for
deployment with the fleet and that interoperability problems
were exacerbated by the CEC. Fleet reports have also indicated
similar interoperability problems. In addition, ongoing
developmental testing of the AEGIS Baseline 6 Phase I software
during early 1998 indicated that the software was immature.
The conferees view these and previously identified relay
aircraft interoperability problems and their effect on the
fleet, the CEC, ship self defense, and Navy theater ballistic
missile defense programs with great concern. The conferees
recognize that the problems may result in part from efforts to
accelerate the CEC program by shortcutting a systematic process
for software development, verification, and validation. To
resolve these problems, the conferees have been advised that
the Navy is developing a program that will focus on
interoperability issues to support carrier battle group
deployments and for the longer-term, a force level process to
coordinate requirements, development, investments, and
installation of new system capabilities in the fleet. Key to
the process will be: (1) development of a single common combat
direction system equipment and computing architecture that will
be able to adapt to technology changes more efficiently; and
(2) establishment of an enhanced shore based testing capability
that will allow force level interoperability testing ashore,
before deployment of new system capabilities to the fleet.
The conferees believe that the Navy has not yet fully
assessed the magnitude of the CEC/combat direction system
interoperability problem and its effect on other development
programs or on the fleet. Additional system development may be
required as the Navy assesses and defines the overall magnitude
of the system interoperability and software maturity problems.
Clear and unambiguous system integration responsibilities and
accountability for management of the program to resolve the
problems are required.
The conferees agree to authorize an increase of $26.0
million in PE 63658N for research and development and an
increase of $35.0 million in Other Procurement, Navy for
procurement of CEC systems.
The conferees understand that the Navy may need to
realign fiscal year 1999 CEC funding to implement a program to
resolve the interoperability problems. Should the Navy's
assessment of the program requirements indicate that
realignment is necessary, the conferees encourage the Secretary
of Defense to submit a reprogramming request promptly to the
congressional defense committees.
Given the seriousness of the interoperability problems
and the potential effects on numerous other important Navy and
Defense programs, the conferees direct the Secretary of the
Navy to report to the congressional defense committees at least
quarterly on CEC/combat direction system interoperability
problems and planned solutions.
Integration and test facility command and control initiative
The budget request included no funds for upgrading
capabilities at the Navy's east coast in-service engineering
Space Warfare System Center (SWSC).
The Senate amendment would authorize an increase of $4.0
million for engineering design; hardware and software
procurement; and installation, testing, and documentation of
the additional technical networking infrastructure for
continued development of the SWSC's Integrated Products Center.
Of this amount, $2.0 million would be for procurement and $2.0
million would be for operation and maintenance.
The House bill would authorize the budget request.
The House recedes.
Ship communications items
The budget request included $24.2 million for procurement
and installation of ship communications equipment that has a
cost less than $2.0 million.
The House bill would authorize a decrease of $1.9
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $1.9
million based on unjustified unit cost growth of installation
kits.
AN/USC-42 mini-demand assigned multiple access ultra-high frequency
satellite communications terminals
The budget request included $145.2 million for SATCOM
ship terminals, but no funds for AN/USC-42 mini-demand assigned
multiple access ultra-high frequency satellite communications
terminals.
The House bill would authorize an increase of $10.0
million to procure mini-DAMA UHF SATCOM terminals and
associated spare parts.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of
$10.0million for mini-DAMA UHF SATCOM terminals and associated spare
parts.
Joint engineering data management and information control system
The budget request included no funds for Joint
Engineering Data Management and Information Control System
(JEDMICS), the designated Department of Defense standard system
for management, control, and storage of engineering drawings.
The Senate amendment would authorize an increase of $10.0
million for the continued security system procurement,
integration and accreditation surveys for the JEDMICS system.
The House bill would authorize the budget request.
The conferees agree to authorize an increase of $8.0
million for JEDMICS security system procurement, integration,
and accreditation surveys.
Weapons range support equipment
The budget request included $8.1 million for weapons
range support.
The House bill would authorize an increase of $10.0
million to procure two mobile remote emitter simulator (MRES)
systems for the Pacific Missile Range Facility and an increase
of $5.0 million for a deployable rangeless air combat training
system (DRACTS).
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million.
Aircraft launch and recovery equipment
The budget request included $39.7 million for aircraft
launch and recovery equipment.
The House bill and the Senate amendment would authorize
the budget request. The conferees note that pricing and
quantity changes totaling a net decrease of $2.2 million were
made after submission of the budget request.
The conferees agree to authorize a decrease of $2.2
million related to revised pricing and reductions in quantity
of aircraft launch and recovery equipment.
Engagement systems support
The budget request included $307,000 for computer
programs and documentation for changes to ship engagement
systems not supported elsewhere in the budget request.
The House bill would authorize a decrease of $307,000.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $307,000
based on the availability of prior year funds to meet this
requirement.
Smart ship equipment
The budget request included $12.8 million to procure and
install proven smart ship technology in operational Navy ships.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $12.0
million to procure and install smart ship equipment in Arleigh
Burke class destroyers.
The conferees agree to authorize an increase of $10.0
million for Arleigh Burke class destroyer smart ship equipment
procurement and installation.
Strategic missile systems equipment
The budget request included $283.6 million for strategic
missile systems equipment.
The House bill would authorize a decrease of $5.0
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $5.0
million due to lack of justification for a budget increase.
NULKA assembly qualification
The budget request included $21.5 million for procurement
and installation of the NULKA antiship missile decoy program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.0
million to outfit and qualify a NULKA assembly facility in the
United States.
The conferees agree to authorize an increase of $1.0
million to outfit and qualify a NULKA assembly facility in the
United States.
Beamhit laser marksmanship training system (LMTS)
The budget request included $2.2 million for training
support equipment, but included no funds for the beamhit LMTS.
The House bill would authorize an increase of $5.0
million for the beamhit LMTS and encourages the Secretary of
Defense to examine its utility for use throughout the
Department.
The Senate amendment would authorize the budget request.
The Senate recedes.
Overview
The budget request for fiscal year 1999 contained an
authorization of $745.9 million for Marine Corps Procurement,
Navy in the Department of Defense. The House bill would
authorize $691.9 million. The Senate amendment would authorize
$908.6 million. The conferees recommended an authorization of
$881.9 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
Modification kits--tracked vehicles
The budget request included $5.7 million to procure
modification kits for Marine Corps tracked vehicles.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.6
million to meet Marine Corps requirements to upgrade tanks with
muzzle boresight devices (MBD) and nuclear, biological, and
chemical (NBBC) protection devices.
The conferees agree to authorize an increase of $4.6
million to meet Marine Corps requirements for MBD and NBC
modifications.
155MM lightweight towed howitzer
The budget request included $10.0 million for Marine
Corps 155mm lightweight towed howitzer procurement.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize no funds for fiscal year
1999. The conferees note recent actions taken by both the
Marine Corps and the prime contractor for the lightweight 155mm
howitzer program to address significant program deficiencies.
The conferees continue to support this program and appreciate
Marine Corps efforts to keep Congress informed on issues
associated with the fielding of the lightweight 155mm howitzer.
Actions taken to date have resulted in a complete change of
contractor management staff and will likely result in a two-
year delay for the program. As a result, procurement funding
requested for fiscal year 1999 is no longer required.
Pedestal mounted stinger
The budget request included $0.2 million to provide
program support for fielded Marine Corps Avenger systems.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $7.6
million to complete Marine Corps Avenger forward looking
infrared upgrades to existing sytems.
The conferees agree to authorize an increase of $5.2
million and an increase of $5.0 million, to support Avenger
upgrade requirements.
Items less than $2.0 million (intelligence)
The budget request included no funds for items less than
$2.0 million (intelligence).
The House bill would authorize an increase of $1.0
million for purchasing and evaluating commercial imagery
manipulation tools, state-of-the-art display devices, and high
quality large format printers for field use.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.0
million for the purpose of evaluating commercial imagery
manipulation tools, state-of-the-art display devices, and high
quality large format printers.
Night vision equipment
The budget request included $11.6 million for Marine
Corps night vision equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $11.1
million for night vision requirements, as follows:
(1) $6.1 million for generation III tubes to
retrofit existing night vision equipment;
(2) $1.4 million for laser aiming modules;
(3) $2.6 million for medium power laser
illuminators; and
(4) $1.0 million for borelights.
The Senate amendment would also authorize an increase of $22.6
million in the Other Procurement, Navy account for OMNI IV
retrofit requirements in AN/AVS-6 night vision goggle systems.
The conferees agree to authorize an increase of $33.7
million for night vision equipment, as follows:
(1) $6.1 million for generation III tubes to
retrofit existing night vision equipment;
(2) $1.4 million for laser aiming modules;
(3) $2.6 million for medium power laser
illuminators;
(4) $1.0 million for borelights; and
(5) $22.6 million for OMNI IV retrofit requirements
in AN/AVS-6 night vision goggle systems.
Communications and electronics infrastructure
The budget request included $57.9 million for the
procurement of communications and electronics infrastructure
upgrades.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $79.1
million for communications and electronics infrastructure
requirements. Of this amount, $64.1 would be for infrastructure
upgrades and the remaining $15.0 million would be for
procurement of computer workstations necessary to address the
year 2000 compliance issue.
The conferees agree to authorize an increase of $64.0
million for the completion of Marine Corps infrastructure
upgrade requirements.
Medium tactical vehicle replacement
The budget request included $83.7 million to procure
Marine Corps trucks.
The House bill would authorize a decrease of $9.8 million
to reduce the number of truck operator training devices
procuredprior to award of the low rate initial production
contract.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $9.8
million for truck operator training devices.
Light tactical vehicle replacement
The budget request included $39.3 million to procure
Marine Corps high mobility multipurpose wheeled vehicles
(HMMWVs) to replace an aging fleet.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $37.0
million to accelerate the replacement process.
The conferees agree to authorize an increase of $33.5
million to accelerate procurement of replacement HMMWVs.
Power equipment assorted
The budget request included $5.1 million to procure
Marine Corps power generation equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $9.5
million to procure 1,311 generators necessary to support mobile
command, control, and communications power requirements.
The conferees agree to authorize an increase of $9.5
million for tactically quiet generators necessary to meet
Marine Corps requirements.
Shop equipment contact maintenance
The budget request included $6.0 million to procure
Marine Corps shop equipment contact maintenance (SECM)
requirements.
The House bill would authorize a decrease of $3.0
million.
The Senate amendment would authorize an increase of $5.4
million to support the procurement and fielding of critically
needed shop equipment contact maintenance requirements.
The conferees agree to authorize an increase of $5.4
million for SECM requirements.
Material handling equipment
The budget request included $6.5 million to procure
Marine Corps material handling equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.4
million to allow the Marine Corps to leverage an existing
contract to begin replacement of its existing fleet.
The conferees agree to authorize an increase of $1.9
million to accelerate procurement of material handling
equipment and support Marine Corps deployment activities.
Overview
The budget request for fiscal year 1999 contained an
authorization of $7,756.5 million for Aircraft Procurement, Air
Force in the Department of Defense. The House bill would
authorize $8,219.1 million. The Senate amendment would
authorize $8,280.8 million. The conferees recommended an
authorization of $8,350.6 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
F-22 procurement
The budget request included $595.1 million to procure the
first two F-22 production aircraft.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $14.0
million.
F-16
The budget request included no funds for F-16 aircraft.
The House bill would authorize an increase of $60.0
million to buy two F-16 attrition reserve aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $25.0
million for one F-16 attrition reserve aircraft.
C-130J
The budget request included $63.8 million for the
procurement of one C-130J aircraft.
The House bill would authorize an increase of $461.4
million for an additional seven C-130J aircraft.
The Senate amendment would authorize an increase of
$381.1 million for an additional four C-130J aircraft,
logistics support, and a simulator.
The conferees agree to authorize a total of $482.6
million for seven C-130J aircraft and a simulator, as follows:
C-130 PROGRAMS
[dollars in millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Budget request House bill Senate bill Conference agreement
Type ---------------------------------------------------------------------------------------
Quantity Amount Quantity Amount Quantity Amount Quantity Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
KC-130J......................................................... -- -- 2 112.4 -- -- 2 112.4
WC-130J......................................................... -- -- 1 59.7 1 75.4 1 75.4
EC-130J......................................................... -- -- 1 51.5 1 85.0 1 85.0
C-130J.......................................................... 1 63.8 1 63.8 1 63.8 1 63.8
C-130J ANG...................................................... -- -- 3 174.0 2 157.6 2 146.0
---------------------------------------------------------------------------------------
Total..................................................... 1 63.8 8 461.4 5 381.8 7 482.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--The $30.0 million simulator is included in the C-130J ANG totals.
C-130H
The budget request included $11.2 million for the C-130H.
The House bill would authorize a decrease of $11.2
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Joint Primary Aircraft Training System
The budget request included $107.1 million for the Joint
Primary Aircraft Training System (JPATS).
The House bill would authorize a decrease of $27.1
million, including a decrease of $36.2 million for the ground
based training system (GBTS), deferring its acquisition for one
year, and an increase of $9.1 million for three additional
JPATS aircraft.
The Senate amendment would authorize an increase of $9.1
million for three additional JPATS aircraft.
The conferees agree to authorize a decrease of $4.9
million in the JPATS program, including of a decrease of $14.0
million for the training integration management system (TIMS)
and an increase of $9.1 million for three additional JPATS
aircraft.
E-8C Joint Surveillance and Target Attack Radar System (JSTARS)
The budget request included $578.2 million two JSTARS
aircraft.
The House bill would authorize a decrease of $13.0
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
B-1B
The budget request included $91.6 million for B-1B bomber
modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $9.6
million from the budget request for fiscal year 1999.
The conferees note that the funds authorized to be
appropriated for B-1B modifications in fiscal year 1998, $9.6
million has been identified as excess to fiscal year 1998
requirements. The conferees direct that these funds be used to
satisfy fiscal year 1999 requirements for B-1B modifications.
B-52
The budget request included $38.3 million for B-52
modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $2.6
million and direct that prior year funds be used to fulfill
fiscal year 1999 requirements for B-52 modifications.
The conferees note that excess prior year funds remain
available for obligation for B-52 modifications.
F-15 modifications
The budget request included $196.6 million for F-15
modifications.
The House bill would authorize an increase of $34.8
million, as follows:
(1) an increase of $20.0 million for engine upgrade
kits;
(2) an increase of $25.0 million for the ALQ-135
Band 1.5 program; and
(3) a decrease of $10.2 million for excessive cost
growth.
The Senate amendment would authorize an increase of $50.0
million, as follows:
(1) an increase of $25.0 million for engine upgrade
kits; and
(2) an increase of $25.0 million for the ALQ-135
Band 1.5 program.
The conferees agree to authorize an increase of $45.0
million, as follows:
(1) an increase of $20.0 million for engine upgrade
kits; and
(2) an increase of $25.0 million for the ALQ-135
Band 1.5 program.
F-16 modifications
The budget request included $229.3 million for F-16
modifications.
The House bill would authorize an increase of $5.1
million, as follows:
(1) an increase of $12.0 million for the digital
terrain system (DTS); and
(2) a decrease of $6.9 million for poorly justified
modifications.
The Senate amendment would authorize an increase of $13.3
million for 15 medium altitude electro-optical sensors.
The conferees agree to authorize an increase of $5.9
million for DTS.
C-12 modifications
The budget request included $3.8 million for C-12
modifications.
The House bill would authorize a decrease of $2.3
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Defense Airborne Reconnaissance Program procurement
The budget request included $394.2 million for
procurement activities of the Defense Airborne Reconnaissance
Program (DARP), as shown in the following table:
----------------------------------------------------------------------------------------------------------------
Change from request
Budget ---------------------- Conference
Procurement item/account request House Senate agreement
bill amendment
----------------------------------------------------------------------------------------------------------------
EP-3:
APN 28........................................................ 5,437 ......... ......... 8,937
Displays...................................................... ......... 3,000 ......... [1,500]
Spares........................................................ ......... ......... 2,000 [2,000]
RC-135:
APAF 55....................................................... 139,242 ......... ......... 169,242
Re-engine..................................................... ......... ......... 56,000 [28,000]
TAWS.......................................................... ......... ......... 12,000 [2,000]
RC-135 Combat Sent:
OPAF 107...................................................... 12,656 ......... ......... 16,456
ESV/PCV....................................................... ......... 3,800 ......... [3,800]
U-2:
APAF 77....................................................... 152,113 ......... ......... 141,813
ASARS Transfer................................................ ......... (10,300) ......... [(10,300)]
RAS-1R Upgrades............................................... ......... ......... 17,000 ...........
CIGSS:
OPA 78a....................................................... ......... 2,508 ......... 2,508
OPN 67a....................................................... ......... 65,827 ......... 65,827
OPAF 106...................................................... ......... 5,681 ......... 5,681
PDW 7......................................................... 74,016 (74,016) ......... ...........
ARGSS:
PDW 7......................................................... 3,419 (3,419) ......... ...........
PDW 9......................................................... 11,988 3,419 ......... 15,407
---------------------------------------------
Total....................................................... 398,871 (3,500) 87,000 425,871
----------------------------------------------------------------------------------------------------------------
Section 905 of the National Defense Authorization Act for
Fiscal Year 1998 transferred the program management
responsibilities of the Defense Airborne Reconnaissance Office
(DARO) to the military services, while retaining Office of the
Secretary of Defense (OSD)-level oversight responsibilities for
determining airborne reconnaissance architecture and systems
interface requirements.
The table reflects both transfers and adjustments made by
the conferees.
EP-3
The budget request included $5.4 million for various
modifications for EP-3 aircraft.
The House bill would authorize an increase of $3.0
million to replace existing displays in EP-3 aircraft with flat
panel displays.
The Senate amendment would authorize an increase of $2.0
million for spares to support the operational deployment of an
EP-3 aircraft to evaluate the high band prototype of the joint
signals intelligence avionics family (JSAF).
The conferees agree to authorize an increase of $3.5
million for the EP-3, $1.5 million for flat panel displays, and
$2.0 million for spares support.
RC-135
The budget request included $139.2 million for various
modifications for DARP aircraft in Aircraft Procurement, Air
Force (APAF).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $68.0
million in the DARP, including: $56.0 million for two re-
enginings, and $12.0 million to transfer the theater airborne
warning system (TAWS) medium-wave infrared (MIRA) technology
from the Cobra Ball program to Rivet Joint program. The Senate
report (S. Rept. 105-189) would require successful completion
of Cobra Ball integration testing and submission of a report on
the test results to the congressional defense committees before
obligation of the additional funds.
The conferees agree to authorize an increase of $30.0
million for DARP, including: $28.0 million to re-engine one RC-
135 aircraft, and $2.0 million to complete the TAWS and to
upgrade the MIRA sensors. In addition, the conferees understand
that $3.3 million authorized in the General Defense
Intelligence Program in fiscal year 1998 for the development of
a Cobra Ball radar ranging system remains unobligated. The
conferees recommend that the unobligated $3.3 million
authorized for fiscal year 1998 also be used to complete the
TAWS development and upgrade the MIRA sensors on the Cobra Ball
aircraft.
The conferees do not agree to a transfer of this
technology to the Rivet Joint fleet until the Cobra Ball
integration is complete and test results clearly show that this
transfer will provide a viable augmentation to the Defense
Support Program (DSP). Further, the conferees endorse the
requirement in the Senate report that the Department submit a
report on the test results to the congressional defense
committees before obligating the extra TAWS funding authorized
in this bill.
RC-135 Combat Sent
The budget request included $12.7 million in Other
Procurement, Air Force for RC-135 ground support equipment.
The House bill would authorize an increase of $3.8
million for the RC-135 Combat Sent ground support system
improvements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.8
million.
U-2 Procurement
The budget request included $152.1 million in DARP
modifications in APAF.
The House bill would authorize a decrease of $10.3
million for U-2 procurement, transferring these funds to the
Advanced Synthetic Aperture Radar System Improvement program
(AIP).
The Senate amendment would authorize an increase of $17
million for U-2 procurement to continue the reliability and
maintainability (R&M) conversion of 11 Senior Glass systems for
the U-2.
The conferees agree to the AIP transfer and to authorize
an increase of $7.5 million for R&M conversion of Senior Glass
systems for the U-2 in the research and development program
Manned Reconnaissance Systems (PE 35207F).
Other
The budget request included funding for the common
imagery ground/surface system (CIGSS) and airborne
reconnaissance ground SIGINT system (ARGSS) programs in DARO
procurement lines. The conference agree to transfer this
funding to the appropriate service or defense agency accounts.
E-8 modifications
The budget request included $44.2 million for E-8
modifications.
The House bill would authorize a decrease of $11.8
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Passenger safety modifications
The budget request included $252.6 million in various Air
Force aircraft modification budget lines to support making
communications, navigation, and safety improvements to improve
safety of passenger and cargo carrying aircraft.
The House bill would authorize an increase of $50.0
million for passenger safety modifications in specific aircraft
modification budget lines for enhanced ground proximity warning
systems (EGPWS) and traffic collision avoidance system (TCAS)
requirements, as follows:
[Dollars in millions]
------------------------------------------------------------------------
Aircraft EGPWS TCAS Total
------------------------------------------------------------------------
VC-25..................................... 5.8 ........ 5.8
C-21...................................... 15.7 6.5 22.2
C-130..................................... 3.5 ........ 3.5
C-9....................................... ........ 3.4 3.4
C-141..................................... ........ 4.2 4.2
KC-10..................................... ........ 10.9 10.9
-----------
Total................................. 25.0 25.0 50.0
------------------------------------------------------------------------
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $50.0
million to procure additional aircraft safety modifications.
Pacer Coin
The budget request included $2.4 million for aircraft
spares and repair parts for the transfer of mission equipment
from retiring Pacer Coin aircraft to the non-dedicated, follow-
on C-130 reconnaissance aircraft.
The House bill would authorize a decrease of $2.4 million
for transfer of mission equipment for Pacer Coin aircraft since
the program is being terminated and a fiscal year 1998
Department of Defense reprogramming request stated that all
funds necessary for the C-130 follow-on program were addressed
in the reprogramming request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $2.4
million for transfer of mission equipment for Pacer Coin
aircraft.
Common support equipment
The budget request included $152.1 million for common
support equipment.
The House bill would authorize a decrease of $4.2
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
A-10 post production support
The budget request included $11.4 million for A-10 post
production support.
The House bill would authorize a decrease of $1.9
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
B-2A
The budget request included $189.9 million for post
production support for the B-2A bomber fleet.
The House bill would authorize an increase of $86.0
million to enhance the B-2's operational effectiveness.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $86.0
million.
The conferees note that the increase would fund low
observability maintainability and situational awareness
upgrades key to maximizing the effectiveness of the small
number of B-2 bombers in the fleet. The conferees also believe
that the funding increase would provide the opportunity to
coordinate efficiently these efforts with radar cross section
improvements.
Miscellaneous production charges
The budget request included $221.5 million for
miscellaneous production charges, including $10.1 million for
High Speed Anti- Radiation Missile targeting pod modifications.
The House bill would authorize a decrease of $10.1
million, recognizing that $6.1 million was requested for the
same purpose in the ``Other aircraft modifications'' account.
The Senate amendment would authorize the budget request.
The conferees agree to a decrease of $10.9 million in
miscellaneous production charges.
Overview
The budget request for fiscal year 1999 contained an
authorization of $384.2 million for Ammunition Procurement, Air
Force in the Department of Defense. The House bill would
authorize $383.6 million. The Senate amendment would authorize
$383.2 million. The conferees recommended an authorization of
$383.2 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
Overview
The budget request for fiscal year 1999 contained an
authorization of $2,359.8 million for Missile Procurement, Air
Force in the Department of Defense. The House bill would
authorize $2,234.7 million. The Senate amendment would
authorize $2,347.7 million. The conferees recommended an
authorization of $2,210.6 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
Advanced Medium Range Air-to-Air Missile
The budget request included $114.6 million for the
procurement of 180 Advanced Medium Range Air-to-Air Missiles.
The House bill would authorize a decrease of $4.6
million.
The Senate amendment would authorize a decrease of $21.0
million because of cost savings associated with the merger of
the system's two prime contractors.
The conferees agree to authorize a decrease of $20.9
million.
Minuteman III guidance replacement program
The budget request included $90.6 million for Minuteman
III modifications.
The House bill would authorize an increase of $23.0
million for the Minuteman III guidance replacement program
(GRP).
The Senate amendment would authorize an increase of $46.0
million for GRP.
The conferees agree to authorize an increase of $23.0
million above the budget request for GRP. Additionally, the
conferees are aware that $8.8 million in funds authorized in
fiscal year 1998 for GRP are excess to fiscal year 1998
requirements. Therefore, the conferees direct that such fiscal
year 1998 funds be obligated in support of GRP during fiscal
year 1999.
AGM-65H Maverick
The budget request included no funds for the AGM-65H
missile.
The House bill would authorize an increase of $3.0
million to ensure that the Air Force can accomplish a smooth
transition to a service life extension program for these
weapons.
The Senate amendment would authorize the budget request.
The Senate recedes.
Defense Support Program
The budget request included $89.9 million for procurement
of Defense Support System (DSP) satellites.
The House bill and the Senate amendment would authorize
the budget request.
The Senate amendment approved the budget request.
The conferees agree to authorize a decrease of $7.0
million to the budget request.
The conferees note that excess prior year funds exist in
the DSP program.
Overview
The budget request for fiscal year 1999 contained an
authorization of $6,974.4 million for Other Procurement, Air
Force in the Department of Defense. The House bill would
authorize $7,046.4 million. The Senate amendment would
authorize $6,774.6 million. The conferees recommended an
authorization of $6,950.4 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
60K Loader
The budget request included $89.2 million for the 60K
loader.
The House bill would authorize a decrease of $2.9
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Combat training ranges
The budget request included $13.2 million for combat
training ranges, but included no funds for the rangeless air
combat training system (RACTS). This system is also known as
the Kadena Interim Training System (KITS) and was delivered to
Kadena Air Base, Japan, in August 1997.
For future fixed and deployable training support, the
Department of Defense's plan is to shift to the Joint Tactical
Combat Training System (JTCTS), a system that will support air,
surface, and subsurface training requirements. However, the
House report (H. Rept. 105-532) noted that no funds were
included in the budget to meet near-term training requirements
that had been identified by United States Air Forces Europe
(USAFE).
The House bill would authorize an increase of $5.0
million for RACTS to meet these requirements.
The Senate amendment would authorize the budget request.
The Senate recedes.
Automated telecommunications program
The budget request included $14.9 million for automated
telecommunications equipment.
The House bill would authorize a decrease of $4.0
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Air Force satellite control network
The budget request included $26.0 million in Air Force
other procurement for the Air Force Satellite Control Network
(AFSCN) program.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $1.4
million from the budget request.
The conferees note that excess prior year funds exist in
the AFSCN program. The conferees direct that these funds be
used to satisfy fiscal year 1999 AFSCN requirements.
Communication electronics modifications
The budget request included $57.7 million for
communication electronics modifications.
The House bill would authorize a decrease of $5.8
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Overview
The budget request for fiscal year 1999 contained an
authorization of $2,041.7 million for Defense-wide Procurement
in the Department of Defense. The House bill would authorize
$1,962.9 million. The Senate amendment would authorize $2,023.5
million. The conferees recommended an authorization of $1,954.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Automated document conversion system
The budget request included no funds for automated
document conversion system (ADCS).
The House bill would authorize an increase of $32.0
million for the procurement of ADCS hardware and software.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $25.0
million for the procurement of ADCS hardware and software.
SOF intelligence systems
The budget request included $19.1 million for special
operations forces intelligence systems.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0
million for procurement and installation of Silent Shield real-
time situational awareness systems on special operations
aircraft.
The conferees agree to authorize an increase of $2.5
million for Silent Shield system procurement.
Contamination avoidance
The budget request included $96.2 million for
contamination avoidance.
The House bill would authorize a decrease of $6.9
million. This decrease would eliminate funding for National
Guard Rapid Assessment and Initial Detection equipment.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Overview
The budget request for fiscal year 1999 contained no
authorization for National Guard and Reserve Procurement in the
Department of Defense. The House bill would authorize $300.0
million. The Senate amendment would authorize $60.0 million.
The conferees recommended an authorization of $60.0 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
National Guard and Reserve Equipment
The budget request included $1.36 billion for National
Guard and Reserve equipment, as follows:
Millions
Aircraft, Army................................................ $110.2
Missiles, Army................................................ 35.3
Weapons and Tracked Combat Vehicles, Army..................... 12.3
Ammunition, Army.............................................. 182.3
Other Procurement, Army....................................... 502.9
Aircraft, Navy................................................ 41.8
Ammunition, Navy/USMC......................................... 17.3
Other Procurement, Navy....................................... 3.6
Procurement, USMC............................................. 39.9
Aircraft, USAF................................................ 293.3
Ammunition, USAF.............................................. 30.4
Other Procurement, USAF....................................... 85.0
NG&RE, Other Procurement...................................... 9.3
--------------------------------------------------------------
____________________________________________________
Department of Defense Total............................. 1,363.6
This request reflects a net increase of almost $400.0
million above the funding requested for the reserve component
modernization in the fiscal year 1998 budget request. The
conferees believe that the increased funding requested by the
services for reserve component modernization reflects a
recognition of the critical role that these forces provide in
Department of Defense operations. The conferees agree that
reserve component modernization, as an integral component of
overall DOD modernization, should rely on a collaborative
budget development process within the Department and not on
annual congressional supplemental funding, which would have to
come at the expense of other programs funded in the budget
request. However, the conferees recognize that there are still
significant modernization shortfalls in both the active and
reserve components and remain concerned about the readiness
implications of declining modernization funding requests.
Accordingly, the conferees agree to authorize increases
to support reserve component modernization, as follows:
Millions
UH-60 Blackhawk................................................... $66.4
Family of Medium Tactical Vehicles................................ 42.5
Medium Truck Extended Service Program............................. 20.0
Multiple Launch Rocket System Launchers........................... 45.0
R2000 Engine Flush System......................................... 5.0
Bradley Upgrades.................................................. 70.0
SINCGARS family................................................... 50.0
AH-64 Vibration Management Enhancement System..................... 3.0
Engagement Skills Trainers........................................ 5.0
MIUW van upgrades................................................. 12.0
KC-135 Re-engining................................................ 46.0
F-16 IAIS......................................................... 14.0
C-130 (1 WC-130J, 1 EC-130J, 2 C-130J)............................ 276.4
C-130J Simulator.................................................. 30.0
-----------------------------------------------------------------
________________________________________________
Total increase.............................................. 685.3
Additionally, the conferees agree to authorize an
increase of $60.0 million for National Guard and Reserve
miscellaneous equipment, as follows:
Millions
Army Reserve
Miscellaneous................................................. $10.0
Navy Reserve
Miscellaneous................................................. 10.0
Marine Corps Reserve
Miscellaneous................................................. 10.0
Air Force Reserve
Miscellaneous................................................. 10.0
Army National Guard
Miscellaneous................................................. 10.0
Air National Guard
Miscellaneous................................................. 10.0
The conferees direct that the miscellaneous funding be
allocated exclusively by the chiefs of the reserve components,
in consultation with service chiefs, and give priority
consideration to the following items: 2.5-ton and 5-ton truck
extended service program; night vision equipment; high mobility
multipurpose wheeled vehicles; CH-47 crashworthy internal fuel
cells; heavy expanded mobility tactical truck bridge
transportation kits; M915 truck extended service program
upgrade kits; rock crush, screen; AVLB 60-70 ton upgrades; high
mobility multipurpose wheeled vehicle contact maintenance
trucks; 5 kilowatt tactically quiet generator; M915A3 long haul
tractor; F/A-18A+ ECP; CH-53e HNVS ``B kits''; electronic
calibration facility (AN/TSM-198); electronic test measurement
and diagnostic equipment facility; D-7 bulldozer;
reconfigurable mission simulator; meteorological measuring sets
(AN/TMQ41); PATS (F-16); F-16 ALR-56M RWR; F-16 SADL ADP/color;
A-10 SADL group A; airborne firefighting equipment; mobile
backscatter truck inspection system; the advanced radar warning
receiver; and the D-7 product improvement program.
Overview
The budget request for fiscal year 1999 contained an
authorization of $855.1 million for Chemical Agent and
Munitions Destruction, Army. The House bill would authorize no
funding for Chemical Agent and Munitions Destruction, Army, but
would transfer the authorization of $834.0 million for Chemical
Agent and Munitions Destruction, Defense. The Senate amendment
would authorize no funding for Chemical Agent and Munitions
Destruction, Army but would transfer the authorization of
$777.2 million for Chemical Agent and Munitions Destruction,
Defense. The conferees agree to authorize $803.0 million for
Chemical Agent and Munitions Destruction, Defense. Unless noted
explicitly in the conference agreement, all changes are made
without prejudice.
Legislative Provisions Adopted
Subtitle A--Authorization of Appropriations
Authorization of appropriations (secs. 101-109)
The House bill contained provisions (secs. 101-109) that
would authorize the recommended fiscal year 1999 funding levels
for the Army, Navy and Marine Corps, Air Force, Defense-Wide
Activities, Reserve Components, Defense Inspector General,
Chemical Demilitarization Program, Defense Health Program, and
the Defense Export Loan Guarantee Program.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.
Chemical demilitarization program (sec. 107)
The budget request for the Army included $855.1 million
for the chemical agents and munitions destruction program.
The House bill recommended no funding for Chemical Agents
and Munitions Destruction, Army, but contained a provision
(sec. 107) that would authorize $834.0 million for the
Department of Defense for the destruction of lethal chemical
agents in accordance with Section 1412 of the Department of
Defense Authorization Act for Fiscal Year 1986 (Public Law 99-
145, 50 U.S.C. 1521) and for chemical warfare materiel of the
United States not covered by Section 1412 of such Act, a $21.1
million reduction to the budget request.
The Senate amendment recommended no funding for Chemical
Agents and Munitions Destruction, Army, but contained a similar
provision (sec. 107) that would authorize $780.1 million for
destruction of the lethal chemical agents and munitions
stockpile pursuant to Section 1412 of the Department of Defense
Authorization Act for Fiscal Year 1986 and U.S. chemical
warfare materiel not covered by Section 1412 of the Act, a
$78.5 million reduction to the budget request. Additionally,
the Senate recommended that an additional $3.0 million be made
available to accelerate the development and fielding of the
Army's mobile munitions assessment system. Additionally, the
Senate would recommend the transfer of the chemical
demilitarization program to the Defense Threat Reduction
Agency.
The conferees agree to a provision that would authorize
$803.0 million for the Department of Defense chemical agents
and munitions destruction program, to include: $124.7 million
for procurement; $172.8 for research and development; $508.6
million for operation and maintenance; and a reduction of $3.0
million for revised economic assumptions. Of the amount
authorized for research and development, the conferees
recommend that an additional $5.0 million be made available to
accelerate the development and fielding of the Army's mobile
munitions assessment system and an additional $6.0 million be
made available to demonstrate alternatives to the baseline
incineration process for the destruction of assembled chemical
munitions and to proceed from a demonstration to the
development of a pilot-scale facility.
The conferees understand that additional funds above the
amount recommended in this Act may be necessary to demonstrate
viable alternative technologies, and encourage the Department
of Defense to review funds available in the chemical agents and
munitions demilitarization program from prior year
authorization and appropriations, as well as funds available to
the Department that have been identified as sources in the most
recent omnibus reprogramming (FY98-16PA) forwarded to the
Congress for approval, as possible sources for such additional
funds necessary for activities related for the demonstration of
alternative technologies to the destruction of assembled
chemical munitions.
Section 1412(f) of the Department of Defense
Authorization Act for Fiscal Year 1986 requires that funds for
the destruction of the U.S. stockpile of lethal chemical agents
and munitions, including funds for military construction
projects necessary to carry out the demilitarization program,
shall be set forth in the budget of the Department of Defense
as a separate program and shall not be included in the budget
accounts for any military department. In the statement of
managers accompanying the National Defense Authorization Act
for Fiscal Year 1994 (H. Rept. 103-357), the conferees cited
this section in transferring the funds contained in the fiscal
year 1994 Army budget requests for the chemical
demilitarization program to a separate DOD account. Section
1412(e) of Public Law 99-145 further requires that the
management organization for the chemical munitions destruction
program shall be established within the Department of the Army.
The conferees agree that the defense chemical
demilitarization program should continue to be managed as a
major defense acquisition program with the Office of the
Secretary of Defense providing policy and program oversight,
the Secretary of the Army as executive agent for the management
and execution of the program, and the project manager for the
program for the assembled chemical weapons assessment (ACWA) of
alternative technologies reporting to the Under Secretary of
Defense for Acquisition and Technology (until completion of the
demonstration phase of the ACWA program).
Subtitle B--Army Programs
Multiyear procurement authority for Longbow Hellfire missile program
(sec. 111)
The House bill contained a provision (sec. 111) that
would authorize the Secretary of the Army to enter into a
multiyear procurement contract for the Longbow Hellfire
missile.
The Senate amendment contained a similar provision (sec.
111).
The Senate recedes.
The conferees agree to authorize the Secretary of the
Army to enter into a multiyear contract for the Longbow
Hellfire missile.
Condition for award of second-source procurement contract for the
family of medium tactical vehicles (sec. 112)
The Senate amendment contained a provision (sec. 112)
that would require certain conditions to be met before the
Secretary of the Army could enter into a contract with more
than one manufacturer for the procurement of the family of
medium tactical vehicles (FMTV). The Senate supports Army
efforts to qualify a second source for FMTV trucks, if the
established conditions are met, and would support acceleration
of this effort if the Army determines that this action could be
accomplished within programmed resource limitations.
The House bill contained no similar provision.
The House recedes with an amendment. Based on critical
shortfalls of modernized trucks within the Army, the conferees
direct the Secretary of the Army to ensure that sufficient
funding is programmed for any FMTV prime contractor to maintain
minimum economic production levels necessary to sustain steady
production and meet FMTV fielding requirements. The conferees
note existing funding levels, constrained by modernization
budget limitations, will result in a break in production,
increased costs, and delays in the modernization process.
Armored system modernization (sec. 113)
The Senate amendment contained a provision (sec. 113)
that would require the Secretary of the Army to submit to the
congressional defense committees a report on Army armored
system modernization programs.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
$14.3 million for the M1A1D applique integration program and
$6.0 million for an M1A2 risk reduction program. Of the amount
authorized for the M1A1D applique integration program, not more
than $11.4 million may be obligated before the end of the 30-
day period beginning on the date on which the Secretary of the
Army submits the armored system modernization report.
Congress supports the development and fielding of the
M1A1D and authorizes $20.3 million to complete development and
testing, and to initiate fielding. The conferees are concerned,
however, about the risk inherent in the conversion of the M1A2
to the Force XXI Battle Command Brigade and Below (FBCB2)
software and directs that $6.0 million of the $20.3 million be
used to develop an M1A2 risk reduction effort. The conferees
recognize the Army's goal is to field only the M1A1D and
M1A2SEP variants, but want to ensure risk is addressed.
The conferees are also concerned that armor system
modernization plans, including the proposal to close the tank
plant in Lima, Ohio, do not adequately address future
operational requirements for armor systems, modernization and
upgrade requirements, and industrial base implications
associated with plans to bridge the gap between production of
existing armor systems and future combat platforms. The
conferees direct the Secretary of the Army to provide a report
on armor system modernization programs to the congressional
defense committees no later than January 31, 1999.
Reactive armor tiles (sec. 114)
The Senate amendment contained a provision (sec. 114)
that would require the Secretary of Defense, with input from
the Army and Marine Corps, to conduct a detailed assessment of
requirements for reactive armor tiles and provide a cost-
benefit analysis of the procurement and installation of tiles
on selected armor vehicles. The provision would preclude any
expenditure of funds for armor tiles until 30 days after the
date on which the Secretary of Defense submits the results of
this study to the Congress.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative (sec. 115)
The Senate amendment contained a provision (sec. 116)
that would extend the Armament Retooling and Manufacturing
Support Initiative through fiscal year 1999.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Navy Programs
CVN-77 nuclear aircraft carrier program (sec. 121)
The Senate amendment contained a provision (sec. 121)
that would authorize $124.5 million for the advance procurement
and construction of components, including nuclear components,
for the CVN-77 aircraft carrier program.
The House bill contained no similar provision.
The House recedes.
Increase in amount authorized to be excluded from cost limitation for
Seawolf submarine program (sec. 122)
The Senate amendment contained a provision (sec. 122)
that would amend section 123(a) of the National Defense
Authorization Act for Fiscal Year 1998 by striking the amount
of $272.4 million and replacing it with the amount of $557.6
million as the amount excluded from the Seawolf submarine
program cost limitation.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Multiyear procurement authority for the Department of the Navy (sec.
123)
The House bill contained a provision (sec. 121) that
would authorize the Secretary of the Navy to enter into
multiyear contracts for the AV-8B, E-2C, and T-45 aircraft, and
to enter into a multiyearprocurement contract to procure the
Marine Corps Medium Tactical Vehicle Replacement.
The Senate amendment contained separate provisions (secs.
124-123) that would authorize the same multiyear procurements.
The Senate recedes.
Annual General Accounting Office review of F/A-18E/F program (sec. 124)
The Senate amendment contained a provision (sec. 1034)
that would require an annual General Accounting Office review
of the F/A-18E/F program.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle D--Air Force Programs
F-22 aircraft program (sec. 131)
The Senate amendment contained a provision (sec. 133)
that would limit obligation of advance procurement funds for
the six Lot II F-22 aircraft. The provision would make funds
available after the completion of 10 percent of the F-22 flight
test program, or alternatively, 30 days after the Secretary of
Defense submits a certification that:
(1) of the number of flight test hours completed,
if less than 10 percent;
(2) that a lesser amount of flight testing would be
sufficient for making a production decision, and the
basis for that determination; and
(3) that it would be financially advantageous to
proceed to Lot II production rather than delay
production until completion of 10 percent of the flight
testing.
The House bill contained no similar provision.
The House recedes with an amendment that would remove the
30 day delay period from the provision. The provision would
allow the Department to obligate advance procurement funds as
soon as the certification is submitted to the congressional
defense committees.
C-130J aircraft program (sec. 132)
The Senate amendment contained a provision (sec. 134)
that would require a report from the Secretary of Defense on
the C-130J aircraft program.
The House bill contained no similar provision.
The House recedes.
Subtitle E--Other Matters
Chemical stockpile emergency preparedness program (sec. 141)
The Senate amendment contained a provision (sec. 1080)
that would direct the Director of the Federal Emergency
Management Agency (FEMA) to carry out a program with state and
local governments to assist them in developing capabilities to
respond to public health or safety emergencies that may arise
from the destruction of lethal chemical agents and munitions in
the U.S. stockpile.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Director of FEMA, in accordance with a Memorandum of
Understanding (MOU) with the Department of the Army, to carry
out an emergency preparedness program with state and local
governments. The provision would also direct that funds,
appropriated in the defense account for this portion of the
chemical stockpile emergency preparedness program, be made
available to FEMA to implement its responsibilities pursuant to
the requirements of this provision. Lastly, the provision would
require the Secretary of Defense to include, in the
Department's annual report on the defense chemical agents and
munitions destruction program, information on actions taken and
grants provided to assist state and local governments to
develop their off-post emergency preparedness plans for
responding to chemical accidents or incidents at the eight
chemical stockpile storage installations.
Alternative technologies for destruction of assembled chemical weapons
(sec. 142)
The House bill contained a provision (sec. 141) that
would authorize $12.6 million for identification and
demonstration of alternative technologies to the baseline
incineration process for destruction of assembled chemical
munitions in the U.S. stockpile, and would direct the transfer
of management oversight responsibility for the program from the
Under Secretary of Defense for Acquisition and Technology (USD,
A&T) to the Secretary of the Army.
The Senate amendment contained a provision (sec. 117)
that would provide authority for the program manager for the
Assembled Chemical Weapons Assessment (ACWA) to demonstrate
alternative technologies to the baseline incineration process
and to undertake post-demonstration activities necessary to
implement any such alternative technology, if it is proven
successful, and, would authorize $18.0 million for
demonstration of alternative technologies and planning and
preparation to proceed from demonstration to pilot-scale
testing. Additionally, the provision would require the Under
Secretary of Defense for Acquisition and Technology to provide
for two evaluations of the cost and schedule of an alternative
technology to baseline incineration to be submitted to the
Under Secretary by September 30, 1999. Lastly, the provision
would maintain the current program manager for the Assembled
Chemical Weapons Assessment, who would continue to manage the
development and testing (including demonstration and pilot-
scale testing) of alternative technologies for the destruction
of lethal assembled chemical weapons, and would continue to
operate independently from the program manager for the baseline
chemical demilitarization program.
The House recedes with an amendment that would require
thecurrent program manager for the Assembled Chemical Weapons
Assessment to continue to manage the development, testing,
demonstration and pilot-scale testing of alternative technologies for
the destruction of assembled chemical munitions and to act
independently of the program manager for the Department of Defense
baseline incineration program. In addition, the ACWA program manager
shall report to the Under Secretary of Defense for Acquisition and
Technology.
The provision would also authorize the ACWA program
manager to carry out post-demonstration activities to ensure
that an alternative technology can be implemented immediately
following the successful demonstration of an alternative
technology, and the submission to Congress of a report on the
demonstration and a decision by the Under Secretary of Defense
for Acquisition and Technology to proceed with a pilot-scale
facility.
In order to ensure that an alternative technology may be
demonstrated immediately, the conferees provide authority for
the program manager to take certain actions during fiscal years
1998 and 1999 related to the establishment, preparation,
development and identification of activities related to
awarding a contract for a potential successful alternative
technology for assembled chemical munitions not later than
December 30, 1999.
The conferees also direct the Under Secretary of Defense
for Acquisition and Technology to provide to Congress an
independent, nongovernmental evaluation of the cost and
schedule for any potential alternative technology resulting
from the ACWA demonstration activities.
Lastly, if the Secretary of Defense decides to proceed
with a pilot program, the conferees direct that a report be
submitted to the congressional defense committees on the
Department's plan to conduct the pilot program, including
information on the cost and the schedule for the alternative
technology pilot program for destruction of assembled chemical
munitions.
As noted elsewhere in the statement of managers on the
chemical agent and munitions destruction program (sec. 107),
the conferees understand that additional funds may be necessary
above the amounts recommended in this Act, as well as for
fiscal year 1998, to demonstrate viable alternative
technologies. The conferees encourage the Department of Defense
to review funds available in the chemical agents and munitions
demilitarization program from prior year authorizations and
appropriations, as well as funds available to the Department
which have been identified as sources in the most recent
omnibus reprogramming (FY98-16PA) forwarded to the Congress for
approval, as possible sources for any additional funds
necessary for activities related to the demonstration of
alternative technologies for the destruction of assembled
chemical munitions.
Legislative Provisions Not Adopted
M1A2 system enhancement program step one
The House bill contained a provision (sec. 112) that
would require the Army to use the $20.3 million included in the
budget request for M1A1D upgrade kits to instead procure M1A2
system enhancement program step one communications upgrades.
The Senate amendment contained no similar provision.
The House recedes.
Annual reporting of costs associated with travel of members of the
chemical demilitarization citizenship advisory commission
The Senate amendment contained a provision (sec. 115)
that would amend section 1412(g)(2) of the National Defense
Authorization Act for Fiscal Year 1986 (Public Law 102-484) to
require that information on the travel costs of members of the
chemical demilitarization citizenship advisory commission be
included in the annual report to Congress on the chemical and
munitions destruction program.
The House bill contained no similar provision.
The Senate recedes.
Joint surveillance target attack radar system
The Senate amendment contained a provision (sec. 131)
that would authorize $72.0 million for the joint surveillance
target attack radar system (JSTARS), as follows:
(1) advance procurement of long-lead items for two
additional E-8C JSTARS aircraft;
(2) payment of expenses associated with termination
of production of JSTARS aircraft; or
(3) development of an improved radar for the
JSTARS.
The House bill contained no similar provision.
The Senate recedes.
Limitation on replacement of engines on military aircraft derived from
Boeing 707 aircraft
The Senate amendment contained a provision (sec. 132)
that would prevent the Secretary of Defense from obligating or
expending funds for reengining Department of Defense aircraft
derived from Boeing 707 aircraft until an overdue report was
submitted. The report was due in March 1998 and was not
received until July 13, 1998.
The House bill contained no similar provision.
The Senate recedes.
Title II--Research, Development, Test, and Evaluation
Research, Development, Test, and Evaluation Overview
The budget request for fiscal year 1999 contained an
authorization of $36,078.6 million for Research and Development
in the Department of Defense. The House bill would authorize
$36,228.0 million. The Senate amendment would authorize
$35,942.2 million. The conferees recommended an authorization
of $36,007.9 million. Unless noted explicitly in the statement
of managers, all changes are made without prejudice.
Overview
The budget request for fiscal year 1999 contained an
authorization of $4,780.5 million for Army, Research and
Development in the Department of Defense. The House bill would
authorize $4,793.0 million. The Senate amendment would
authorize $4,816.1 million. The conferees recommended an
authorization of $4,657.0 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
Additional decreases in technology base funding
The conferees agree to include a number of decreases in
recognition of lack of congressional support for funding. Among
these are the following:
In millions
PE 61102A--Defense Research Sciences.......................... -$8.0
PE 61104A--University and Industry Research Centers........... -3.3
PE 62308A--Modeling and Simulation Technology................. -4.5
PE 64824A--DUAP Commercial Operations and Support Savings..... -10.0
PE 64805N--Commercial Operations and Support Savings.......... -10.0
PE 72207N--Depot Maintenance (Non-IF)......................... -20.0
PE 64805F--Commercial Operations and Support Savings.......... -10.0
PE 65122D--Industrial Capabilities Assessments................ -2.9
Other similar decreases are noted elsewhere in the
report.
The conferees also agree to a number of decreases in
authorization to fund higher priority programs. Among these
decreases are the following:
In millions
PE 62120A--Sensors and Electronic Survivability............... -$1.8
PE 62211A--Aviation Technology................................ -1.9
PE 65326A--Concepts Experimentation Program................... -6.9
PE 65804N--Technical Information Services..................... -2.5
PE 27424F--Evaluation & Analysis Program...................... -12.8
Other similar decreases are noted elsewhere in the
statement of managers accompanying this Act.
Materials technology
The budget request included $10.1 million in PE 62105A
for materials technology research.
The House bill would authorize an increase of $5.0
million for hardened materials research for land warfare
systems applications.
The Senate amendment would authorize an increase of $3.0
million for continuing hardened materials research in missile
composite structures and composite shroud assemblies.
The House recedes.
Missile technology
The budget request included $25.2 million in PE 62303A
for missile technology.
The House bill would authorize the budget request for
missile technology in PE 62303A, but would authorize an
increase of $8.0 million in scramjet technology development in
PE 63003A.
The Senate amendment would authorize an increase of $3.0
million for scramjet technology in PE 62303A and an increase of
$1.5 million for research in acoustic effects in the same
program element.
The House recedes.
Combat vehicle and automotive technology
The budget request included $40.1 million in PE 62601A
for combat vehicles and automotive technology.
The House bill would authorize an increase of $10.0
million for the innovative industry and academia alternative
vehicle propulsion technology initiative.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.5
million for the innovative alternative vehicle propulsion
technology developed within industry and the academic
community, as described in the House report (H. Rept. 105-532).
The conferees further agree to a decrease of $5.0 million for
the future infantry and combat system.
Human factors engineering technology
The budget request included $13.3 million in PE 62716A
for human factors engineering technology including $500,000 for
Emergency Team Coordination (MedTeams) program.
The House bill would authorize an increase of $4.8
million to complete the MedTeams program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.8
million and note that the authorized funds will allow for the
completion of this program in fiscal year 1999, eliminating the
need for further funding.
Environmental quality technology
The budget request included $13.8 million for
environmental quality technology within PE 62720A.
The House bill would authorize an increase of $16.0
million, with $4.0 million for the Radford Environmental
Development and Management Program (REDMAP), $3.0 million for
the Plasma Energy Pyrolysis System (PEPS), $4.0 million for the
Computer-Based Land Management Model, and $5.0 million for the
Agricultural Based Bioremediation.
The Senate amendment would authorize an increase of $32.5
million, with $24.0 million for pollution prevention research
and development initiatives, to be awarded on a competitive
basis by the National Defense Center for Environmental
Excellence (PE 62720A), $3.5 million for REDMAP, and $5.0
million for PEPS.
The conferees agree to authorize an increase of $5.0
million for PEPs, $3.5 million for REDMAP, $5.0 million for
Agricultural Based Bioremediation, and $3.0 million for the
Computer-Based Land Management Model in PE 62720A.
The conferees also agree to authorize an increase of
$20.0 million for pollution prevention research and development
initiatives, and direct the Department of the Army to establish
an Environmental Quality Technology (EQT) Budget Activity Four
Program Element to manage these additional funds beginning in
fiscal year 1999. The conferees direct the Department to
transfer project DE31, and any related funding, from PE 78045A
to this new program element, beginning in fiscal year 2000 and
continuing through fiscal year 2005. The Department shall
ensure that all applicable competitive procedures are used in
the award of contracts or other agreements related to the
obligation and expenditure of these $20.0 million, and that
cost-sharing requirements for non-federal participants be
utilized where appropriate. The conferees direct that these
funds be used to develop new materials and manufacturing
processes for the purpose of validating technology for
installation of pollution abatement and enhancing weapons
systems performance and reducing life cycle operations and
maintenance costs. The Department shall seek to accomplish this
work by exploiting the capabilities of the National Defense
Center for Environmental Excellence (NDCEE), where appropriate.
Command, control, and communications technology
The budget request included $19.7 million in PE 62782A
for command, control, and communications technology.
The House bill would authorize an increase of $2.8
million for the Army multi-media communications device.
The Senate amendment would authorize the budget request.
The Senate recedes.
Military engineering technology
The budget request included $37.5 million in PE 62784A
for military engineering technology including $3.3 million for
cold regions research.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.2
million for cold regions research.
The House recedes.
Medical advanced technology
The budget request included $11.0 million in PE 63002A
for medical advanced technology.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.0
million for nutrition research.
The House recedes.
Aviation advanced technology
The budget request included $30.0 million in PE 63003A
for aviation advanced technology.
The House bill would authorize an increase of $2.0
million for the Stinger universal launcher and an increase of
$3.0 million to support comparative testing of Starstreak and
Stinger missiles for application to the Apache helicopter
program. The House bill would also authorize an increase of
$8.0 million for scramjet technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million in PE 63003A, of which $2.0 million is for the Stinger
universal launcher and $3.0 million is to support comparative
testing of Starstreak and Stinger for application to the Apache
helicopter program. Scramjet funding is addressed elsewhere in
this statement of managers.
Weapons and munitions advanced technology
The budget request included $24.6 million in PE 63004A
for weapons and munitions advanced technology.
The House bill would authorize an increase of $6.0
million for the precision guided mortar munitions program, an
increase of $5.0 million for the future direct support weapon
system, and an increase of $6.0 million for the trajectory
correctible munitions program.
The Senate amendment would authorize an increase of $4.5
million for the precision guided mortar munitions program.
The conferees agree to authorize an increase of $4.5
million for the precision guided mortar munitions program. The
conferees regret the inability to authorize an additional $5.0
million for the future direct support weapon system because of
limitations on available appropriations. The conferees urge the
Army to consider reprogramming up to $5.0 million from other
available funds to accelerate this program. The authorization
of additional funding for the trajectory correctable munitions
program is addressed elsewhere in this statement of managers.
Combat vehicle and automotive advanced technology
The budget request included $54.4 million in PE 63005A
for combat vehicle and automotive advanced technology.
The House bill would authorize an increase of $17.0
million, as follows:
(1) $10.0 million for advanced lightweight
composite materials; and
(2) $7.0 million for innovative engine technology.
The Senate amendment would authorize an increase of $3.0
million for aluminum metal matrix development.
The conferees agree to authorize an increase of $3.0
million for aluminum metal matrix technology development and an
increase of $2.0 million for innovative engine technology
development.
Missile and rocket advanced technology
The budget request included $86.1 million in PE 63313A
for missile and rocket advanced technology.
The House bill and Senate amendment would authorize a
total decrease of $29.7 million, as follows:
(1) a $35.7 million decrease for the enhanced fiber
optic guided missile (E-FOGM) program; and
(2) a $6.0 million increase for the future missile
technology integration (FMTI) program.
The conferees agree to authorize a decrease of $29.7
million for missile and rocket advanced technology, including a
decrease of $35.7 million for E-FOGM and an increase of $6.0
million for FMTI.
Joint service small arms program
The budget request included $5.2 million in PE 63607A for
joint service small arms program.
The House bill would authorize an increase of $3.5
million for the objective crew served weapon (OCSW).
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.5
million for the OCSW program.
Tactical high energy laser
The budget request included no funds for the joint U.S.-
Israel Tactical High Energy Laser (THEL) program.
The House bill would authorize an increase of $10.0
million for THEL and related advanced technologies.
The Senate amendment would authorize an increase of $10.0
million to continue THEL testing and deployment activities.
The conferees agree to authorize an increase of $10.0
million for the THEL program.
Armament enhancement initiative
The budget request included $26.5 million in PE 63639A
for the armament enhancement initiative program.
The House bill would authorize an increase of $10.0
million for the tank extended range munition-kinetic energy
(TERM-KE) program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0
million for the TERM-KE program.
Comanche
The budget request included $367.8 million in PE 64223A
for Comanche helicopter development.
The House bill would authorize an increase of $62.0
million to accelerate testing of the second Comanche prototype
and for other risk reduction efforts.
The Senate amendment would authorize an increase of $24.0
million to accelerate flight testing of the second Comanche
prototype.
The conferees agree to authorize an increase of $24.0
million to accelerate flight testing of the second Comanche
prototype.
Electronic warfare development
The budget request included $86.0 million in PE 64270A
for electronic warfare development.
The House bill would authorize an increase of $5.0
million for the Shortstop electronic protection system.
The Senate amendment would authorize an increase of $8.6
million for advanced threat infrared countermeasures (ATIRCM)
development.
The conferees agree to authorize an increase of $8.6
million for ATIRCM development.
Follow-on to TOW
The budget request included $48.1 million in PE 64325A
for continued development of the follow-on to TOW (FOTT)
system.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to a decrease of $35.0 million with
the remaining funds made available for restructured research
and development requirements associated with the TOW missile.
The conferees note a recent Army decision to terminate
the FOTT program due largely to affordability concerns.
Combat feeding, clothing, and equipment
The budget request included $62.2 million to support
research and development activities associated with combat
feeding, clothing, and equipment development.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $4.0
million that is no longer required due to contract
modifications and engineering change proposals.
Aviation-engineering development
The budget request included $6.6 million in PE 64801A for
aviation engineering development requirements.
The House bill would authorize an increase of $5.0
million in PE 63801A for retinal display technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million in PE 64801A for retinal display technology
development.
Weapons and munitions-engineering development
The budget request included $37.7 million to support
requirements for improved weapons and munitions.
The House bill and the Senate amendment would support the
budget request.
The conferees agree to a decrease of $2.0 million as
contract savings no longer require the level of funding
requested.
The conferees note that the Army contract for mortar fire
control systems did not require the level of funding projected
in the budget request.
Landmine warfare/barrier-engineering development
The budget request included $46.9 million in PE 64808A
for landmine warfare/barrier engineering development
activities.
The House bill and the Senate amendment would support the
budget request.
The conferees agree to authorize a decrease of $5.5
million no longer required for the remote anti-armor mine
system program due to a slip in the program and the recent
approval of a reprogramming action.
Radar development
The budget request included $2.8 million to support
improvements to existing ground based radar systems.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0
million in PE 64820A for development of a passive adjunct
sensor capability for the Sentinel radar.
The conferees agree to authorize an increase of $4.0
million to develop a passive adjunct sensor capability for the
Sentinel radar.
Firefinder
The budget request included $19.8 million in PE 64823A
for Firefinder radar development activities.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $0.9
million to accelerate new software development for the
Firefinder system.
The conferees agree to authorize an increase of $0.9
million to accelerate software development.
Artillery systems-engineering and manufacturing development
The budget request included $0.1 million in PE 64854A for
artillery systems-engineering and manufacturing development.
The House bill would authorize an increase of $13.0
million, as follows:
(1) $8.0 million for digital fire control
technology for Crusader; and
(2) $5.0 million for fire control technology for
the lightweight howitzer.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $2.5
million for lightweight 155 fire control technology.
Decrease to Research, Development, Test and Evaluation support programs
The House bill would authorize a decrease of $9.8 million
to address insufficiently justified program growth in Research,
Development, Test and Evaluation (RDT&E) support programs.
The Senate amendment would authorize a decrease of $27.0
million to address concerns regarding the management,
infrastructure and support programs in the RDT&E budget.
The conferees agree to a total decrease of $42.8 million,
as follows:
In millions
Army:
PE 64759A--Major test & evaluation support.................... -$1.0
PE 65301A--Kwajalien.......................................... -14.0
Navy:
PE 65152N--Studies & analysis support......................... -1.0
PE 65853N--Management, technical & International support...... -11.0
PE 65863N--RDT&E ship & aircraft support...................... -2.0
PE 65864N--Test & evaluation support.......................... -5.8
Air Force:
PE 65807F--Test & evaluation support.......................... -4.0
PE 65808F--Development planning............................... -2.0
Defense Agencies:
PE 65804D--Developmental test & evaluation.................... -2.0
The conferees intend that the decrease taken in PE 65853N
should not affect project X2222, and that this particular
project be moved from this program element to a more
appropriate place in the budget.
Army technical test instrumentation and targets
The budget request included $33.4 million in PE 65602A
for Army technical test instrumentation and targets.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $7.0
million for instrumentation and targets.
The conferees agree to authorize an increase of $7.0
million for instrumentation and targets.
Survivability/lethality analysis
The budget request included $30.5 million in PE 65604A
for survivability/lethality analysis.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0
million for information warfare vulnerability assessments.
The conferees agree to authorize $4.0 million for
information warfare vulnerability assessments.
Department of Defense high energy laser test facilities
The budget request included $15.0 million in PE 65605A
for Department of Defense high energy laser test facility.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $8.0
million for solid state laser technology, and urged the Army to
devote $1.5 million to address issues involving crystal growth
manufacturing.
The House recedes.
Multiple launch rocket system product improvement program
The budget request included $20.2 million for the
multiple launch rocket system (MLRS) product improvement
program.
The House bill would authorize an increase of $6.0
million to accelerate development of high mobility artillery
rocket system (HIMARS).
The Senate amendment would authorize the budget request.
The conferees agree to authorize a net increase of $4.2
million, including an increase of $6.0 million for HIMARS
research and development activities, and a decrease of $1.8
million for contract savings.
Advanced field artillery tactical data system
The budget request included $35.1 million in PE 23726A
for the advanced field artillery tactical data system (AFATDS).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $12.5
million for airspace deconfliction and technical fire support
enhancements.
The conferees agree to authorize a net increase of $5.3
million in PE 23726A, including an increase of $12.5 million
for airspace deconfliction and technical fire support
enhancements and a decrease of $7.2 million for AFATDS 2000
development activities.
Combat vehicle improvement programs
The budget request included $94.8 million in PE 23735A
for combat vehicle improvement programs.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $7.0
million for flat panel display technology development.
The conferees agree to authorize an increase of $7.0
million for flat panel display technology development.
Aircraft engine component improvement program
The budget request included $2.9 million to develop
improvements for Army aircraft engines.
The House bill would authorize an increase of $5.0
million for research and development of improved aircraft fuel
pumps and an increase of $4.0 million for full authority
digital engine control (FADEC) systems.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.0
million, including $4.0 million for support research and
development requirements for improved aircraft fuel pumps and
$3.0 million for FADEC systems.
Force XXI warfighting rapid acquisition program
The budget request included $99.5 million in PE 23761A to
support procurements required for Army experimentation.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to a decrease of $30.0 million.
Missile/air defense product improvement program
The budget request included $11.3 million to develop
improvements for Army missile and air defense systems.
The House bill would authorize an increase of $12.0
million for further development of the Stinger block II air
defense missile.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million to support research and development requirements for
the Stinger block II missile system.
Defense information technology test bed
The budget request included no funding in PE 23726A for
the defense information technology test bed (DITT).
The House bill would authorize an increase of $6.6
million for DITT. This effort will establish a fully electronic
virtual intelligence archive for use by battlefield commanders.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million for the development of a DITT program.
Information systems security program
The budget request included $7.4 million in PE 303140A to
meet information system security requirements.
The House bill would authorize an increase of $5.0
million to continue the demonstration program for military
health care information protection.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million to support continued development and demonstration of
military healthcare information protection measures.
Manufacturing technology
The budget request included $150.7 million for the
Department of Defense manufacturing technology (MANTECH)
program including: $14.5 million in PE 78045A; $59.0 million in
PE 78011N; $51.0 million in PE 78011F; and $26.2 million in PE
78011S.
The House bill would authorize an increase of $43.2
million for MANTECH: $27.2 million in PE 78045A; $8.6 million
in PE 78011N; and, $7.4 million in PE 78011F.
The conferees agree to an increase of $21.8 million:
$13.2 million for munitions manufacturing efforts within the
Army MANTECH program (PE 78045A) and $8.6 million in the Navy
MANTECH program (PE 78011N) to address program shortfalls. The
conferees expect the additional funds to be awarded using
competitive procedures based on the technical priorities
established by the Army MANTECH technical council and the Navy
MANTECH steering committee.
Overview
The budget request for fiscal year 1999 contained an
authorization of $8,108.9 million for Navy, Research and
Development in the Department of Defense. The House bill would
authorize $8,403.6 million. The Senate amendment would
authorize $8,188.9 million. The conferees recommended an
authorization of $8,305.0 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
Marine mammal research
The budget request included $347.9 million in PE 61153N
for the Navy's defense research and sciences program.
The House bill would authorize the use of $500,000 from
funds provided in PE 61153N for continuation of the Navy's
cooperative marine mammal research program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the use of $500,000 from
funds provided in PE 61153N for continuation of the Navy's
cooperative marine mammal research program.
Pulse detonation engine technology
The budget request included $37.1 million in PE 62111N
for air and surface launched weapons technology.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.0
million for pulse detonation engine technology.
The conferees agree to authorize an increase of $1.0
million for pulse detonation engine technology.
Stainless steel double hull research
The budget request included $43.2 million in PE 62121N
for ship, submarine and logistics technology.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $3.0
million for stainless steel double hull research.
The conferees agree to authorize an increase of $3.0
million for stainless steel double hull research.
Communications, command, control, and intelligence
The budget request included $65.0 million in PE 62232N
for communications, command, control, and intelligence.
The House bill would authorize an additional $1.0 million
for hybrid fiberoptic/wireless communication systems.
The Senate amendment would authorize a decrease of $5.0
million for the strategic sustainment program with the
communications, command, control, and intelligence account.
The conferees agree to authorize a net decrease of $5.0
million in PE 62232N, including an increase of $1.0 million for
the hybrid fiberoptic/wireless communications systems and a
decrease of $6.0 million for the strategic sustainment program.
Materials, electronic and computer technology
The budget request included $77.6 million in PE 62234N
for materials, electronic and computer technology.
The House bill would authorize an increase of $12.0
million, including $2.5 million for thermal management
materials, $3.0 million for cryoelectronics waveform generator,
$3.5 million for silicon carbide technology, and $3.0 million
for carbon/carbon heatshields.
The Senate amendment would authorize an increase of $6.0
million, including $1.5 million for thermal management
materials; $2.0 million for electronic propulsion technology,
and $2.5 million for carbon/carbon heatshields.
The conferees agree to authorize a net increase of $13.5
million in PE 62234N, including an increase of $2.5 million for
thermal management materials, an increase of $2.5 million for
carbon/carbon heat shield, an increase of $3.0 million for the
cryoelectronics waveform generator, an increase of $3.5 million
for silicon carbide technology, and an increase of $2.0 million
for the development of applied high temperature superconducting
technology for synchronous AC electronic propulsion.
Autonomous underwater vehicle and sonar development
The budget request included $56.7 million in PE 62435N
for oceanographic and atmospheric technology.
The House bill would authorize an increase of $10.0
million for advanced sensors and unmanned underwater vehicle
technologies.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million for advanced sensors and unmanned underwater vehicle
technologies.
Micro electronic systems technology
The budget request included $2.0 million in PE 62633N for
undersea warfare weaponry technology.
The House bill would authorize an increase of $2.0
million for micro electronic systems technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0
million for micro electronic systems technology.
Air systems and weapons advanced technology
The budget request included $48.1 million in PE 63217N
for air systems and weapons advanced technology.
The House bill would authorize a net decrease of $2.0
million, including a decrease of $7.0 million for the
vectoring, extremely short take-off and landing control
tailless operation research (VECTOR) project and an increase of
$5.0 million for the completion of the DP-2 proof of concept
demonstration.
The Senate amendment would authorize the budget request.
The Senate recedes.
Precision strike and air defense technology
The budget request included $58.3 million in PE 63238N
for precision strike and air defense technology research.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0
million for mobile offshore base (MOB) research.
The conferees agree to authorize a net decrease of $4.9
million to PE 63238N, including an increase of $4.0 million for
MOB research and a decrease of $8.9 million to fleet advanced
demonstrations.
Advanced electric systems studies
The budget request included $14.8 million in PE 63508N
for fabrication, demonstration, development, and concept
studies for quiet electric propulsion motor technologies.
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $1.0
million in PE 63508N to eliminate premature studies and reduce
intermediate scale development.
The House recedes.
Power electronic building blocks and power node control centers
The budget request included $39.3 million in PE 63508N
for surface ship and submarine hull, mechanical, and electrical
advanced technology. The budget request included funding to
continue the development and demonstration of power electronic
building blocks and power node control centers for shipboard
electrical power systems.
The House bill would authorize an increase of $6.0
million in PE 63508N to continue the program to accelerate the
development of power electronic building block technology and
the use of virtual prototyping and a virtual test bed to
demonstrate and evaluate advanced shipboard electrical power
system concepts. The House bill would also authorize an
increase of $2.0 million in PE 63508N to continue the
development of power node control centers for advanced
electrical distribution system fault detection, switching,
reconfiguration, and control of shipboard electrical systems.
The Senate amendment would authorize the budget request.
The Senate recedes.
Composite helicopter hangar
The budget request included no funding for continuation
of a program to design and fabricate the outer shell of a DDG-
51 helicopter hangar structure using composite materials.
The Senate amendment would authorize an increase of $5.0
million in PE 63508N to continue a developmental effort to
design and fabricate the outer shell of a DDG-51 helicopter
hangar structure using composite materials.
The House bill would authorize the budget request.
The House recedes.
Marine Corps advanced technology demonstration
The budget request included $41.9 million for the Marine
Corps advanced technology demonstration activities associated
with the Commandant's warfighting laboratory.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.0
million dollars for acceleration of warfighting experimentation
activities, including $5.0 million for the second phase
continued evaluation of the broad-area unmanned retail and re-
supply operation (BURRO). The Senate amendment would also
authorize an increase of $1.0 million for evaluation of the K-
band training/test instrumentation system.
The conferees agree to authorize an increase of $11.0
million in PE 63640M, including $10.0 million for acceleration
of warfighting experimentation, to include $5.0 million of this
amount for the evaluation of the BURRO concept, and $1.0
million for evaluation of the K-band training/test
instrumentation system.
The conferees note that the Senate report (S. Rept. 105-
189) would direct the Secretary of the Navy to provide a report
on the long-term plan for developing a ``red team''
countermeasures efforts activity to keep pace with the
warfighting experiment efforts. The Secretary was directed to
provide the report to the congressional defense committees by
May 15, 1999. Pending submission of the report, obligation of
funds for the warfighting laboratory effort would have been
limited to no more than 85 percent of the funds available.
The conferees acknowledge the ongoing work on the ``red
team'' effort and that the Marine Corps and Navy will be able
to submit the required report on schedule. However, the Marine
Corps has indicated that limiting obligations of funds until
the report is submitted may cause the Department to forego some
efforts that are important pieces of the Urban Warrior
exercise.
The conferees agree that the Secretary should submit the
report as directed in the Senate report. However, the conferees
further agree that the limitation on obligation is not needed
to ensure timely submission of the report and could be
counterproductive to this important experimentation effort.
Freeze dried blood
The budget request included $18.7 million in PE 63706N
for medical development.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.0
million for freeze dried blood research.
The conferees agree to authorize an increase of $1.0
million for freeze dried blood research.
Advanced lightweight influence sweep system
The budget request included $4.2 million for advanced
mine sweeping.
The Senate amendment would authorize an increase of $1.0
million to PE 603782N for the advanced lightweight influence
sweep system (ALISS) which is focused on developing high
temperature superconducting magnets and acoustic transducers to
sweep influence mines targeted against specific classes of Navy
ships.
The House bill would authorize the budget request.
The conferees agree to authorize $1.0 million for ALISS.
Aviation survivability
The budget request included $8.2 million in PE 63216N for
aviation survivability equipment.
The House bill would authorize an increase of $6.0
million as follows:
(1) $3.0 million for ejection seats; and
(2) $3.0 million for the Escape System Dynamic Flow Test
Facility.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million for the Escape System Dynamic Flow Facility.
ASW systems development
The budget request included $20.1 million for ASW systems
development.
The House bill would authorize an increase of $3.0
million for ASW systems development.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million to continue the development and testing of advanced
anti-submarine warfare technologies on the BEARTRAP platform.
Studies and experiments for combat systems engineering
The budget request included $8.6 million for studies and
experiments for advanced combat systems engineering that,
potentially, could be leveraged into new ship class computer
architectures.
The Senate amendment would authorize a decrease of $2.0
million in PE 63382N for studies and experiments not directly
connected to correcting warfighting deficiencies in 21st
century platforms.
The House bill would authorize the budget request.
The conferees agree to authorize a decrease of $2.0
million in PE 63382N.
Remote minehunting system
The budget request included $73.5 million in PE 63502N
for surface and shallow water mine countermeasures
demonstration and validation, including $11.0 million for the
remote minehunting system (RMS). The budget request also
included $32.9 million for procurement of minesweeping system
replacement equipment.
The House bill would authorize an increase of $7.0
million in PE 63502N to continue accelerated development and
fielding of the RMS. The House bill would approve the
procurement budget request.
The Senate amendment would authorize a transfer of $15.9
million included in the budget request for procurement to PE
63502N for RMS research and development. This shift would
enable the Navy to develop the modular V4 design to accommodate
advanced sensors for RMS.
The conferees agree to authorize a decrease of $15.9
million for the procurement of RMS and an increase of $7.0
million in PE 63502N for RMS.
Future aircraft carrier transition technology
The budget request included a total of $190.1 million for
future aircraft carrier research and development (R&D) and
feasibility studies including $149.5 million in PE 63512N and
$40.6 million in PE 63564N. The budget request also included
$38.5 million in PE 64567N for CVN-77 contract design.
The House bill and the Senate amendment would authorize
the budget request. The House bill contained a provision (sec.
212) that would authorize $50.0 million of those funds for CVN-
77 technologies that would be applicable to both CVN-77 and
CV(X). The Senate amendment contained a similar provision (sec.
212) that would direct that the $50.0 million be applied
exclusively to CVN-77 technologies.
The conferees strongly endorse the need to develop new
technologies that will reduce life cycle costs and improve
operational effectiveness of future aircraft carriers. The
Chief of Naval Operations has advised the conferees that the
most pressing need for the CV(X) is the initial development of
a next generation propulsion plant of sufficient flexibility to
support future technology insertion and performance
improvements, while reducing propulsion plant life cycle costs.
The conferees note a recent Navy decision to alter the
design for the first CV(X). The conferees understand that the
Navy's new plan to transition to the next generation aircraft
carrier will be an evolutionary development in which carrier
design changes will be incremental over several of the first
generation of CV(X) carriers.
Unfortunately, the congressional defense committees were
provided with conflicting information regarding the Navy's
purported change in plans regarding CV(X) and the Navy's
intentions for near-term and Future Years Defense Program
funding. These mixed communications are only now being sorted
out. In the meantime, this conflicting information has caused
some of the congressional defense committees to propose
significant reductions to the budget request for fiscal year
1999 CV(X) R&D funding.
The conferees agree to authorize a reduction of $80.0
million in PE 63512N without prejudice due to the ongoing
refinement of the Navy's planning for CV(X). The conferees
would be very receptive to a Navy request for additional
authorization of CV(X) funding for fiscal year 1999 once the
Navy makes available the restructured CV(X) plan and supporting
documentation. The conferees strongly encourage the Secretary
of Defense to submit such a request once the restructured CV(X)
plan is completed.
The conference agreements include a provision on CVN-77
R&D funding (sec. 212) which is addressed elsewhere in this
report.
Shipboard systems component development
The budget request included $27.7 million for surface
ship non-propulsion system component development.
The House bill would authorize an increase of $1.0
million in PE 63513N for the qualification and testing required
to develop a new 150-kilowatt static frequency converter.
The Senate amendment would authorize the budget request.
It has come to the attention of the conferees that fiscal
year 1999 test article procurement, installation and
implementation programs assume low risk scenarios for research
scheduled for fiscal year 1998 and early fiscal year 1999.
These low risk scenarios are not supported by available
documentation. Therefore, the conferees agree to a decrease of
$2.0 million to PE 63513N.
The conferees also agree to authorize an increase of $1.0
million in PE 63513N for the qualification and testing required
to develop a new 150-kilowatt static frequency converter.
SSGN study
The budget request did not include funding for analyzing
alternatives for converting Trident submarines for use in other
than strategic missions.
The Senate amendment would authorize an increase of $1.0
million to PE 63564N for the Secretary of Defense to conduct an
analysis of converting some of the Trident SSBNs to SSGN-
configuration and would direct the Secretary to provide a
report of the analysis to the congressional defense committees
no later than March 1, 1999.
The House bill would authorize the budget request.
The House recedes.
Intercooled recuperated gas turbine engine
The budget request included $23.5 million in PE 63573N
for continued development of the inter-cooled recuperated (ICR)
gas turbine engine. The budget request would also continue
testing of the ICR gas turbine engine under Memoranda of
Understanding (MOUs) with the United Kingdom and France.
The House bill would authorize the budget request. The
House report (H. Rept. 105-532) would direct the Secretary of
the Navy to provide an updated report on the resolution of
technical, programmatic, and funding issues required to insure
a stable development program supported by the fiscal year 2000
budget request. The House report would also require
consideration of the ICR engine among the alternatives for the
prime power plant for the DD-21 land attack destroyer.
The Senate amendment would authorize an increase of $5.0
million in PE 63573N for continued development and testing of
the ICR engine.
The conferees agree to authorize the budget request.
The conferees are aware that negotiations are underway
among MOU signatories to restructure the ICR program. This
restructuring would bring the engine to a point where it could
be an industry candidate for DD-21 vice a fully government
qualified engine. The conferees understand that this would
involve completing a second 500 hour test and conducting a
fifth design review. The 3000 hour test and other efforts would
be transitioned to other signatories of the MOUs who intend to
evaluate the ICR as the prime mover for the Common New
Generation Frigate program.
The conferees believe that this is a reasonable approach
to further ICR development and the Navy should consider the ICR
engine as a competitor for serving as the prime mover in future
Navy ships.
Environmentally safe energetic materials
The budget request included $39.8 million in PE 63609N
for conventional munitions demonstration and validation.
The House bill would authorize an increase of $3.0
million in PE 63609N to accelerate the program for the
development of propellants and explosives that utilize
environmentally compliant energetic materials for undersea,
surface, and other weapons systems.
The Senate would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million in PE 63609N to accelerate the program for the
development of propellants and explosives that utilize
environmentally compliant energetic materials for undersea,
surface, and other weapons systems.
Marine Corps assault vehicles
The budget request included $104.8 million for Marine
Corps assault vehicle research and development activities.
The House bill would authorize an increase of $4.0
million for further development of additional propulsion and
suspension alternatives for the advanced amphibious assault
vehicle (AAAV).
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0
million for unfunded research and development requirements of
the AAAV.
Marine Corps ground combat/support system
The budget request included $37.1 million for Marine
Corps ground combat/support research and development
activities.
The budget request included no funds in either the Army
or Marine Corps research and development programs for improving
howitzer capability by continuing development of trajectory
correctable munitions (TCM).
The House bill would authorize an increase of $2.5
million for further development of lightweight 155mm howitzer
requirements. The House bill would also authorize an increase
of $6.0 million in PE63004A to continue Army development of
TCM.
The Senate amendment would authorize an increase of $4.0
million for the Predator missile system to maintain the
development and fielding schedule.
The conferees agree to authorize an increase of $9.5
million for Marine Corps ground combat and support system
research and development requirements. Of this amount, $2.5
million is for research and development requirements of the
lightweight 155mm howitzer, $2.0million is to support Predator
system development and fielding schedule, and $5.0 million is for
development of TCM. The conferees note that the Army has demonstrated a
lack of commitment to continue TCM development and believe there could
be application for TCM technology within the Marine Corps' concept of
operations. The conferees direct the Marine Corps to provide the
congressional defense committees a report, no later than 31 January
1999, on a concept of operations for using TCM in Marine Corps
operations and on TCM program development plans and procurement
forecast.
Aviation depot maintenance
The budget request included $59.4 million in PE 63721N
for environmental protection demonstration and validation,
including $3.5 million for Naval aviation pollution prevention.
The House bill would authorize an increase of $2.7
million for the development and demonstration of aviation depot
maintenance technologies that will significantly reduce
maintenance and repair costs and reduce or eliminate hazardous
waste and pollution products.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.7
million in PE 63721N for the development and demonstration of
aviation depot maintenance technologies to reduce overall costs
and enhance pollution prevention measures.
Naval surface fire support system integration
The budget request included $21.6 million for a new
initiative to develop surface fire support planning and control
systems for the 5-inch 62 gun on DDG-51 ships and the 155mm
vertical gun for the future DD-21 class of ships.
The Senate amendment would authorize a decrease of $7.7
million to PE 63795N to eliminate the possibility of developing
a stand-alone system for DD-21.
The House bill would authorize the budget request.
The conferees agree to authorize a reduction of $1.6
million.
Vertical gun for advanced ships
The budget request included $25.1 million in PE 63795N
for a new initiative to develop a prototype vertical gun for
land-based testing.
The House bill would authorize a decrease of $20.0
million due to the lack of a thorough analysis of gun system
alternatives and sufficient consideration of gun and missile
system technical requirements and operational roles.
The Senate amendment contained a similar provision that
would authorize a decrease of $10.0 million.
The conferees authorize a decrease of $10.0 million in PE
63795N and direct the Secretary of the Navy to report to the
congressional defense committees the results of an analysis of
all advanced gun designs, as well as ammunition availability
for those designs, prior to the obligation of funds for a
prototype advanced gun system.
Joint strike fighter
The budget request included $463.4 million in PE 63800N
for the joint strike fighter (JSF).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $15.0
million for the JSF alternate engine program.
The conferees agree to authorize an increase of $15.0
million for the JSF alternate engine program.
Nonlethal weapons and technologies of mass protection program
The budget request included $22.6 million for the
nonlethal weapons (NLW) and technologies program (PE 63851M).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase to the
budget request of $13.3 million for the following activities,
including $6.3 million for the development and fielding of
near-term, low-technology NLW technologies and $7.0 million for
the development of nonlethal tactical denial systems. The
Senate amendment would make available $2.0 million for
activities of the Human Effects Panel of the Joint NonLethal
Directorate and $500,000 for complete type classification of
nonlethal weapons technology that can be mounted on existing
weapons, such as M4 carbines and M16 rifles.
The House recedes.
The conferees remain concerned that the Department of
Defense and the military services continue to conduct research
and development on NLW activities that benefit all services
outside the purview of the established defense NLW program, and
without oversight by the executive agent, the Marine Corps. The
conferees endorse the position expressed in the Senate report
(S. Rept. 105-189) that ``all'' nonlethal weapons technology
research and development be consolidated into a single program
element, with management and oversight of the program conducted
by the Marine Corps, as executive agent.
Commercial off-the-shelf insertion just prior to critical design review
for helicopter improvement
The budget request included $231.1 million in PE 64212N
for antisubmarine warfare and other helicopter development. Of
this amount, $25.0 million would continue efforts to
incorporate commercial off-the-shelf (COTS) technology during
the two fiscal quarters prior to a second critical design
review.
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $1.0
million in PE 64212N to insert COTS technology.
The conferees agree to authorize a decrease of $1.0
million in PE 64212N to insert COTS technology.
Parametric airborne dipping sonar
The budget request included no funding for the parametric
airborne dipping sonar (PADS).
The Senate amendment would authorize an increase of $8.0
million in PE 64212N for the continued development of PADS.
The House bill would authorize the budget request.
The conferees agree to authorize an increase of $8.0
million in PE 64212N for the continued development of PADS.
Common support aircraft
The budget request included $27.1 million in PE 64217N
for the Common Support Aircraft (CSA).
The House bill would authorize a decrease of $27.1
million for the CSA program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $27.1
million for the CSA program.
Electronic warfare development
The budget request included $128.6 million in PE 64270N
for electronic warfare.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.0
million for the Integrated Defensive Electronic Countermeasures
(IDECM) system.
The conferees agree to authorize an increase of $9.3
million in PE 64270N to accommodate a restructure of the IDECM
program, offset by a decrease of $9.3 million in line 43,
Aircraft Procurement Navy.
Laboratories and field activities monitoring efforts
The budget request included $132.5 million for surface
combatant combat system engineering in PE 64307N, including
$19.2 million was requested for laboratory and field activity
unspecified scientific services for monitoring baseline
efforts.
The Senate amendment authorized a decrease of $3.0
million to unspecified scientific services.
The House bill would authorize the budget request.
The conferees agree to authorize a decrease of $3.0
million to unspecified scientific services.
DDG-51 composite director room
The budget request in PE 64307N did not include funding
for design and test of a composite director room for the DDG-51
class of ships.
The Senate amendment would authorize an increase of $5.0
million in PE 64307N for continuation of a project to design
and test a composite director room for the DDG-51 class of
ships. The House bill would authorize the budget request.
The conferees agree to authorize an increase of $2.5
million in PE 64307N for continuation of a project to design
and test a composite director room for the DDG-51 class of
ships.
Multi-purpose processor
The budget request included $37.2 million for submarine
sonar improvement. The multi-purpose processor (MPP) is the
result of a small business innovative research (SBIR)
initiative developed under the sponsorship of the new nuclear
attack submarine (NSSN) program.
The House bill would authorize an increase of $15.0
million to continue the research and development necessary for
the introduction of MPP technology in submarine and other naval
sonar systems.
The Senate amendment would authorize an increase of $15.0
million in PE 64503N for continuation of the SBIR follow-on for
advanced development of MPP transportable software technology,
technology insertion, advanced processor software builds, and
for providing MPP units and training throughout the fleet and
the Navy research and development community.
The conferees agree to authorize an increase of $15.0
million in PE 64503N for continuation of the SBIR follow-on for
advanced development of MPP transportable software technology,
technology insertion, advanced processor software builds, and
for providing MPP units and training throughout the fleet and
the Navy research and development community.
Air control
The budget request included $4.2 million in PE 64450N for
air control research.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0
million for the expeditionary common automatic recovery system
(ECARS). The ECARS is a lightweight, man-portable instrument
landing system capable of providing azimuth and glide slope
information to manned aircraft and UAVs.
The conferees agree to authorize an increase of $4.0
million to PE 64504N for ECARS development.
Submarine sonar domes
The budget request included $218.8 million in PE 64558N
for the New Design SSN (NSSN) program.
The House bill would authorize an increase of $7.0
million in PE 64558N to complete fabrication of a full-scale
sonar dome using this acoustic sandwich material system for
further evaluation and testing.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.0
million to determine whether an acoustic sandwich material
sonar dome system is capable of meeting submarine requirements
for sonar domes.
NSSN advanced technology insertion
The budget request included $218.8 million in PE 64558N
for the New Attack Submarine (NSSN) program, including $146.4
million for NSSN hull, mechanical, and electrical systems
development, and $72.5 million for NSSN combat systems
development.
The House bill would authorize an increase of $10.0
million for the development of high priority submarine
technologies that are currently unfunded and the insertion of
these technologies into the NSSN program. The House bill also
encouraged the Navy to reprogram from within available funds
the procurement funding (less than $5.0 million) necessary to
complete the technology insertion in the appropriate NSSN
hulls.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $8.0
million in PE 64558N for the development of high priority
submarine technologies that are currently unfunded and the
insertion of these technologies into the NSSN program.
Non-propulsion electronics system
The budget request included $218.8 million in PE 64558N
for New Attack Submarine (NSSN) non-propulsion development.
The Senate amendment would authorize an increase of $12.0
million for integration of 15 non-propulsion electronics system
(NPES) subsystems to reduce NSSN life-cycle costs.
The House bill would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million in PE 64558N for integration of 15 non-propulsion
electronics system subsystems to reduce NSSN life-cycle costs.
System level shock testing
The budget request included $27.5 million for SSN-21
developments in PE 64561N including $5.0 million for Seawolf
submarine shock testing.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to a decrease of $5.0 million in PE
64561N. The conferees recent indicators that the total cost of
a one-half shock factor test would be $47.0 million. The
conferees have concluded that the additional information
accumulated from conducting a one-half shock factor test would
not justify the $47.0 million cost.
DD-21 land attack destroyer
The budget request included $133.6 million in PE 64567N
for ship contract design and live fire test and evaluation
including $84.9 million was requested for the Navy's DD-21 land
attack destroyer program and $8.6 million for the second year
of DD-21 live fire test and evaluation.
The House bill would authorize a decrease of $25.0
million in PE 64567N for the DD-21 land attack destroyer.
The Senate amendment would authorize a reduction of $8.6
million, without prejudice, to reflect the re-phasing of the
DD-21 program which was not reflected in the DD-21 live fire
test and evaluation budget request.
The House recedes.
The conferees agree that the unique competitive teaming
structure agreed upon for the first two phases of DD-21 might
lead to either the program office relying on analysis from team
members to evaluate options or the program office may grow to a
size larger than originally intended. The program office has
indicated that a smaller office size is possible by using Navy
laboratory and field activity personnel to evaluate contractor
applications of technology, systems engineering, and innovative
designs. The conferees encourage the Navy to resist creating
another level of bureaucracy and growing the program office,
and instead coordinate evaluation of contractor options using
in-place Navy expertise.
Smart propulsor product model
The budget request included $7.0 million for continuation
of the development of the smart propulsor product model (SPPM)
for future ships.
The Senate amendment would authorize an increase of $4.0
million in PE 64567N for the SPPM.
The House bill would authorize the budget request.
The House recedes.
NULKA antiship missile decoy system electro-magnetic compatibility
The budget request included $2.3 million for continued
development and testing of the electro-magnetic compatibility
(EMC) upgrade to the NULKA active countermeasures decoy.
The Senate amendment would authorize an increase of $2.0
million in PE 64755N to complete the development and
operational testing of the EMC upgrade.
The House bill would authorize the budget request.
The conferees agree to authorize an increase of $2.0
million in PE 64755N to complete the development and
operational testing of the EMC upgrade.
Infrared search and track system
The budget request included $983,000 in PE 64755N to
continue engineering and manufacturing development and at sea
testing of an infrared search and track (IRST) system.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $6.5
million for continued development of the IRST system.
The conferees agree to authorize an increase of $5.0
million in PE 64755N for continued development of the IRST
system.
The conferees agree that horizon search, for which an
IRST system would be optimal, is an area of relative weakness
for active radar. In the statement of managers accompanying the
National DefenseAuthorization Act for Fiscal Year 1996, the
conferees noted that the Navy's cost and operational effectiveness
analysis supported the conclusion that IRST has the potential to play a
very important role in defending naval ships against sea skimming anti-
ship missiles. The conferees note, however, the Navy's inconsistent
support for the IRST program, the reduction of IRST funding in order to
support other Navy programs, and the absence of any funds in the Navy's
budget projections to complete engineering and manufacturing
development of the system and procurement of IRST for the fleet.
The conferees acknowledge that proposals made within the
Department of the Navy staff to establish an international
cooperative program with the Netherlands and Canada for
development of IRST. The conferees believe that such a
cooperative program could be one avenue for developing this
capability. The conferees direct the Secretary of the Navy to
report to the congressional defense committees by March 1,
1999, the Navy's plan and funding requirements for optimizing
horizon search for defense of surface ships and the potential
for application of IRST technology to other platforms.
Voice instructional devices
The budget request included $4.3 million in PE 64771N for
medical development.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.0
million for voice instructional devices (VID) technology.
The conferees agree to authorize an increase of $1.0
million for voice instructional devices (VID) technology.
Distributed surveillance system
The budget request included $42.0 million in PE 64784N
for advanced deployable system (ADS) engineering and
manufacturing development.
The House bill would authorize an increase of $6.7
million to continue the planned introduction of automation and
data fusion capability for the ADS demonstration system.
The Senate amendment contained no similar provision.
The conferees agree to authorize an increase of $6.7
million to continue the planned introduction of automation and
data fusion capability for the ADS demonstration system.
Battle force tactical training
The budget request included $5.9 million for the surface
tactical team trainer (STTT). The STTT is designated to further
develop an existing system, the battle force tactical training
(BFTT) system, so it will be able to provide joint warfare
training. A highly successful small business innovative
research (SBIR) project, N96-111, leveraged the capabilities of
commercial off-the-shelf operating systems and processors.
The Senate amendment would authorize an increase of $7.0
million in PE 24571N for the purpose of SBIR phase III follow-
on work to continue the BFTT operating system conversion.
The House bill would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million in PE 24571N for the purpose of SBIR phase III follow-
on work to continue the BFTT operating system conversion.
High Speed Anti-Radiation Missile Improvement
The budget request included $18.9 million in PE 25601N
for High Speed Anti-Radiation Missile Improvement.
The House bill would authorize an increase of $15.0
million for the Advanced Anti-Radiation Guided Missile (AARGM).
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million to accelerate AARGM development.
Marine corps ground combat/supporting arms systems
The budget request included $14.7 million for the Marine
Corps ground combat/supporting arms systems.
The House bill would authorize an increase of $8.0
million, including $5.0 million for research and development
requirements associated with the Shortstop electronic
protection system and an increase of an additional $3.0 million
would be for development of an automatic target tracker for the
M1 Abrams tank.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million in PE26623M for development of an automatic target
tracking system for the M1 tank.
Airborne reconnaissance systems
The budget request included no funding for the Navy in PE
35206N to develop airborne reconnaissance systems. The budget
request included $8.4 million in PE 35206D8Z that the
Department of Defense asked to be transferred to the Navy
program element. These funds included $4.6 million for
development of framing reconnaissance cameras.
The House bill would authorize an increase of $8.0
million in PE 35207D8Z to accelerate the development of
electro-optical (EO) framing technology. The House Report (H.
Rept. 105-532) noted support of EO framing technology with ``on
chip forward motion compensation.''
The Senate amendment would approve the budget request.
The conferees agree to authorize $16.4 million for PE
35206N, including the transfer of $8.4 million from PR 35206D8Z
and an increase of $8.0 million for EO framing technology.
The conferees believe that the Department should select
the system and the upgrades for using the EO framing resources
that would best meet requirements. The conferees understand
that the term ``forward motion compensation'' is a proprietary
term that could unnecessarily limit the choices of the
Department for improving the optical capability of sensors
deployed in tactical aircraft and other platforms.
Overview
The budget request for fiscal year 1999 contained an
authorization of $13,598.1 million for Air Force, Research and
Development in the Department of Defense. The House bill would
authorize $13,577.2 million. The Senate amendment would
authorize $13,635.0 million. The conferees recommended an
authorization of $13,918.7 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
Friction welding
The budget request included $62.6 million in PE 62102F
for materials research.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.5
million to develop and optimize friction welding techniques.
The conferees agree to authorize an increase of the $1.5
million to develop and optimize friction welding techniques.
Integrated high performance turbine engine program
The budget request included a total of $15.0 million for
the integrated high performance turbine engine program (IPTEP).
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $9.0
million: $4.0 million in PE 62203F; $3.0 in PE 63202F; and $2.0
in PE 63216F for IPTEP.
The House recedes.
Variable displacement vane pump
The budget request included $69.0 million in PE 62203F
for aerospace propulsion.
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $4.0
million, as discussed elsewhere in this statement of managers,
and an increase of $2.0 million for the variable displacement
vane pump program.
The House recedes.
High frequency active auroral research program
The budget request included no funding for the high
frequency auroral research program (HAARP).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $14.0
million for HAARP, including: $9.0 million in PE 62601F; $3.0
million in PE 63160BR; and $2.0 million in PE 63714D.
The conferees agree to authorize a total of $14.0 million
for HAARP, as recommended in the Senate amendment.
The purpose of HAARP is to explore the use of low-
frequency electromagnetic waves for detecting and imaging
underground structures and tunnels and to determine the
viability and military utility of the HAARP concept. The
conferees direct the Secretary of the Air Force to report to
the congressional defense committees on the potential
applications and use of the HAARP concept to support military
and intelligence objectives with the submission of the fiscal
year 2000 budget request.
Protein-based memory
The budget request included $65.2 million in PE 62702F
for command control and communications research.
The House bill would authorize an increase of $3.0
million for protein-based memory development.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.5
million in PE 62702F for protein-based memory development.
Advanced low observable coatings
The budget request included $21.0 million in PE 63112F
for advanced materials for weapons systems.
The House bill would authorize an increase of $9.0
million for continued exploration of advanced low observable
coatings.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.0
million.
Night vision technology
The budget request included $16.6 million in PE 63231F
for crew systems and personnel protection technology.
The House bill would authorize an increase of additional
$13.0 million, including $3.0 million for ejection seat
technology, $5.5 million for laser aircrew protection, and $4.5
million for panoramic night vision technology.
The Senate amendment would authorize an increase of $3.0
million for panoramic night vision technology.
The conferees agree to authorize an increase of $11.5 in
PE 63231F, including an increase of $3.0 million for panoramic
night vision technology; an increase of $3.0 million for
ejection seat technology; and an increase of $5.5 million for
laser aircrew protection.
Electronic combat technology
The budget request included $25.6 million in PE 63270F
for electronic combat technology.
The House bill would authorize an increase of $9.0
million for the ALR-69 Radar Warning Receiver.
The Senate amendment would authorize an increase of $14.0
million for the ALR-69 Precision Location and Identification
upgrade.
The conferees agree to authorize an increase of $14.0
million for the ALR-69 Precision Location and Identification
upgrade.
Ballistic Missile Technology
The budget request included no funds in PE 63311F for the
Ballistic Missile Technology (BMT) program.
The House bill would authorize an increase of $16.0
million in PE 63311F for advanced ballistic missile technology
and the conventional ballistic missile demonstration, as well
as transfer $1.3 million from PE 63401F to PE 63311F.
The Senate amendment would authorize an increase of $5.0
millionin PE 63311F to support an additional missile technology
demonstration (MTD-4).
The conferees agree to authorize an increase of $16.0
million in PE 63311F for ballistic missile technology and GPS
range safety.
Micro-satellite technology development program
The budget request did not include funds for the micro-
satellite technology program.
The House bill would authorize an increase of $4.0
million in PE 63401F for the micro-satellite technology
program.
The Senate amendment would authorize an increase of $10.0
million in PE 63401F for the micro-satellite technology
program.
The conferees agree to authorize an increase of $10.0
million in PE 63401F for the micro-satellite technology
program.
The conferees note that $30.0 million is available in
fiscal year 1998 funds for the Clementine II program. The
conferees agree to authorize the use of these funds for the
micro-satellite technology development program established
pursuant to section 215 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85). The conferees
support the plan that has been developed by the Air Force and
the National Aeronautics and Space Administration to conduct a
micro-satellite inspection mission from the space shuttle. In
addition, the conferees direct the Secretary of Defense to
develop a plan for executing the remaining funds. In developing
this plan, the conferees direct the Secretary to evaluate
proposals and technologies developed by the Air Force Research
Laboratory, the Naval Research Laboratory, and the Lawrence
Livermore National Laboratory. The Secretary's plan shall be
submitted to the congressional defense committees by March 15,
1999.
Solar orbital transfer vehicle
The budget request did not include funds for the Solar
Orbital Transfer Vehicle (SOTV).
The Senate amendment would authorize an increase of $10.0
million in PE 63401F for SOTV.
The House bill would not authorize additional funds for
SOTV.
The conferees agree to authorize an increase of $7.5
million in PE 63401F for SOTV. The conferees support the solar
powered orbital transfer vehicle program, which combines
thermionic technology for electricity production and thermal
propulsion which can be used to move spacecraft to higher
orbits or new orbits.
Low cost launch technology development
The budget request included no funds for low cost launch
technology development.
The Senate amendment would authorize the following
increases for low cost launch technology: (1) an increase of
$5.0 million for the Scorpius concept in PE 63173C; (2) an
increase of $5.0 million for the Excalibur concept in PE
63173C; and (3) an increase of $5.0 million in PE 63401F for
the Air Force to utilize in support of low cost launch
technology development.
The House bill would authorize the budget request for low
cost technology development.
The conferees agree to authorize an increase of $10.0
million in PE 63401F and no funds in PE 63173C for low cost
launch technology development. The conferees direct the
Secretary of the Air Force to utilize these funds in support of
the Scorpius and Excalibur concepts in a manner that is most
effective. The conferees also believe that the Air Force should
begin to program sustaining funds to support these technology
efforts in the outyears.
Space maneuver vehicle
The budget request did not include funds for space
maneuver vehicle or common aero vehicle technology development.
The House bill would authorize an increase of $15.0
million in PE 63401F to support development of space maneuver
vehicle and common aero vehicle technology development.
The Senate amendment would authorize an increase of $10.0
million in PE 65864F for space maneuver vehicle technology
development.
The conferees agree to authorize no increase in fiscal
year 1999 funds, but note that $10.0 million is available in
fiscal year 1998 funds appropriated for the Military
Spaceplane. The conferees agree to authorize the use of these
fiscal year 1998 funds for space maneuver vehicle or common
aero vehicle technology development.
The conferees direct the Air Force to work with the
National Aeronautics and Space Administration (NASA) on
developing responsive, reusable space access systems such as
the space maneuver vehicle, which could serve as a reusable
upper stage for a variety of space test missions.
Space control technology development
The budget request did not include funds for a new space
control technology initiative.
The Senate amendment would authorize an increase of $30.0
million for space control technology development.
The House bill would authorize the budget request for a
new space control technology initiative.
The conferees have reviewed the Department of Defense's
February 1998 report on the Kinetic Energy Anti-Satellite (KE-
ASAT) program. The report states that ``DOD is currently
examining potential space control related research,
development, and acquisition options to support the President's
policy, satisfy military requirements within available
resources, and address the architecture.'' In the cover letter
to this report, the Under Secretary of Defense for Acquisition
and Technology states that ``I anticipate that these efforts
will culminate in a comprehensive plan in time for the FY 2000
President's budget.''
The conferees support the development of such a plan but
are concerned that insufficient resources are available to
support acomprehensive evaluation of various technical options.
Therefore, the conferees agree to authorize an increase of $15.0 in PE
63438F to support a range of space control technology activities and to
develop the ``comprehensive plan'' cited in DOD's report. The Assistant
Secretary of Defense for Command, Control, Communications, and
Intelligence (Space and Information Superiority) shall be responsible
for developing this plan. The conferees direct the Secretary of Defense
to submit a report to the congressional defense committees by February
15, 1999, that describes the Secretary's plan for executing the space
control technology funds specified above. The report should also
describe the Secretary's plan for continuing these efforts in fiscal
year 2000 and beyond.
The conferees note that $37.5 million is available in
fiscal year 1998 funds appropriated for the KE-ASAT program.
The conferees direct the Secretary to obligate promptly these
funds. If the Secretary concludes that a portion of these
fiscal year 1998 funds should be applied to other space control
development activities, the conferees direct the Secretary to
include any such recommendation in the comprehensive space
control technology development plan specified above. The
conferees will consider any such recommendation and any related
reprogramming that the Secretary may choose to submit to
Congress.
Variable stability in-flight simulator test aircraft
The budget request included no funding for the Variable
Stability In-Flight Simulator Test Aircraft (VISTA).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $7.3
million in PE 64237F for the VISTA.
The conferees agree to authorize an increase of $7.3
million in PE 64237F for the VISTA.
Electronic warfare development
The budget request included $90.1 million in PE 64270F
for electronic warfare development.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $20.0
million to accelerate the development of the C-130 Compass Call
upgrade to the block 30 configuration.
The conferees agree to authorize an increase of $20.0
million to accelerate the development of the C-130 Compass Call
upgrade to the block 30 configuration.
Evolved expendable launch vehicle program
The budget request included $280.3 million for the
Evolved Expendable Launch Vehicle (EELV) program.
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees are aware of excess prior year funding in
the EELV program. The conferees agree to authorize a decrease
to the budget request of $14.0 million in PE 64853F, and direct
that $14.0 million in excess prior years funds be used to
satisfy fiscal year 1999 requirements for the EELV program.
Big Crow program office
The budget request included no funding for the Big Crow
Program Office (BCPO). The BCPO operates two flying
laboratories to evaluate weapons and communications systems
under stressful conditions.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.0
million to the budget request for the BCPO to underwrite
activities in fiscal year 1999.
The conferees agree to authorize an increase of $8.0
million for BCPO, and support the need for the report on
funding policy and management directed in the Senate report (S.
Rept. 105-189).
Flight test safety
The budget request included $370.1 million in PE 65807F
for test and evaluation support.
The House bill would authorize an increase of $6.0
million for flight test safety enhancements.
The Senate amendment would authorize a decrease of $4.0
million, as discussed elsewhere in this statement of managers.
The conferees agree to authorize a net increase of $2.0
million in PE 65807F, including an increase of $6.0 million for
flight test safety enhancements at the Air Force Flight Test
Center and a decrease of $4.0 million, as discussed elsewhere
in this report.
F-16 Squadrons
The budget request included $125.0 million in PE 27133F
for F-16 squadrons.
The House bill would authorize a decrease of $24.6
million.
The House report (H. Rept. 105-532) noted that the budget
request reflects an increase of $24.6 million over the level
forecast as necessary to support fiscal year 1999 requirements
in the fiscal year 1998 budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Advanced medium range air-to-air missile
The budget request included $45.0 million in PE 27163F
for advanced medium range air-to-air missile (AMRAAM) research.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $20.0
million to reflect the delayed EMD effort.
The conferees are aware that there are additional risk
reductionactivities that will be required before the Air Force
begins the engineering and manufacturing development (EMD) effort for
the AMRAAM pre-planned product improvement (P3I) program. The conferees
support the goals of the P3I program, but believe it prudent to conduct
the additional risk reduction activities.
Joint Air-To-Surface Standoff Missile
The budget request included $132.9 million for the Joint
Air-to-Surface Standoff Missile (JASSM).
The House bill and the Senate amendment would authorize
the budget request.
The budget request included 52 test missiles to support
the JASSM test program. Based largely on lower than expected
cost estimates, the conferees understand the Air Force now
plans to procure 69 test missiles. Even under a revised test
plan, eight of these missiles are excess to the testing needs
of the program. The conferees agree to authorize a decrease of
$3.0 million to eliminate these missiles.
Theater Battle Management C4I
The budget request included $27.3 million for theater
battle management C4I.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0
million for pre-planned product improvements for the air
support operations center (ASOC).
The conferees agree to authorize an increase of $5.0
million for pre-planned product improvements for the ASOC.
Joint Surveillance and Target Attack Radar System
The budget request included $123.8 million in PE 27581F
for the Joint Surveillance and Target Attack Radar System
(JSTARS).
The House bill would authorize a decrease of $5.6 million
to eliminate unnecessary studies and research.
The Senate amendment would authorize the budget request.
The conferees note that the budget request includes $40.2
million for the Radar Technology Improvement Program (RTIP).
The conferees support the RTIP program, but also understand
that the Air Force has identified a funding shortfall of $428.0
million for this program in fiscal year 2000 and beyond. Given
the uncertain status of the program, the conferees believe it
is prudent to reduce the level of resources applied to RTIP in
fiscal year 1999 pending submission of a fully funded budget by
the Air Force. Accordingly, the conferees agree to authorize a
decrease of $25.0 million, as follows:
(1) $5.6 million to eliminate unnecessary studies and
research; and
(2) $19.4 million to slow RTIP until such time as the Air
Force clarifies future funding of the JSTARS program.
Seek Eagle
The budget request included $17.6 million in PE 27590F
for the Seek Eagle weapons integration flight test program.
The House bill would authorize an increase of $2.0
million to continue testing Longshot, a range-increasing
modification for munitions.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0
million to continue testing Longshot.
Defense Airborne Reconnaissance Program research and development
The budget request included funds for research and
development in the Army, Navy, Air Force, and Defense-Wide
accounts for activities of the Defense Airborne Reconnaissance
Program (DARP), as shown in the following table.
----------------------------------------------------------------------------------------------------------------
Change from request
Budget -------------------------- Conference
Account request Senate agreement
House bill amendment
----------------------------------------------------------------------------------------------------------------
RDT&E, Army................................................. 75,636 (26,000) ........... 70,048
RDT&E, Navy................................................. 342 67,200 (23,400) 66,548
RDT&E, Air Force............................................ ........... 224,008 ........... 349,403
RDT&E, Defense-Wide......................................... 444,137 (143,333) (8,000) 35,665
---------------------------------------------------
Total................................................... 520,115 121,875 (31,400) 521,664
----------------------------------------------------------------------------------------------------------------
Section 905 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) transferred the management
responsibilities of the Defense Airborne Reconnaissance Office
(DARO) to the military services, while retaining Office of the
Secretary of Defense (OSD)-level oversight responsibilities for
determining airborne reconnaissance architecture and systems
interface requirements.
The budget request reflected continuation of airborne
reconnaissance programs within DARO. However, subsequent to
submitting the budget request, the Secretary of Defense decided
to:
(1) abolish the DARO;
(2) transfer the OSD-level functions to the Assistant
Secretary of Defense for Command, Control, Communications, and
Intelligence (ASD C3I); and
(3) transfer program management responsibilities to the
military services.
This decision was reflected in a April 14, 1998 letter
from the Under Secretary of Defense for Acquisition and
Technology.
The conferees agree to make these adjustments, in both
theprocurement and the research and development titles. These
transfers are reflected in the tables contained in the conference
report. In addition, a more detailed spreadsheet of DARO-related
investment programs, summarizing transfers and other adjustments to
individual budget lines and program elements, is provided in the
classified annex that accompanies this conference report.
The conferees note that, unless otherwise reflected in
the statement of managers, the transfers do not reflect a
change to the purposes for which the funds were requested in
the original budget request.
The conferees are extremely concerned that assignment of
acquisition program management and funding to the services has
not been seen as a signal that stovepipe systems of the past
will be acceptable in the future. The conferees stress that
these programmatic actions demand a firm leadership role by the
Assistant Secretary of Defense (Command, Control,
Communications and Intelligence) in establishing policy and
exercising oversight to ensure reconnaissance system
interoperability for joint operations.
In particular, the tactical control system (TCS),
previously assigned to the Unmanned Aerial Vehicle (UAV) Joint
Program Office, continues to be assigned to the Navy as the
lead service. The conferees note that there is some
disagreement within the Department of Defense with respect to
whether TCS will serve as the implementation of a single
standard tactical UAV and sensor control architecture. The
conferees believe that the issue of who operationally controls
UAVs and their sensors is an issue separate and distinct from
system design technical capabilities. The conferees believe it
is imperative that the Joint Requirements Oversight Counsel
makes the necessary standards decisions to ensure that
operational commanders have full operational flexibility for
employment of UAVs.
The budget request included $5.0 million in PE 35204D8Z
for the Army's Unmanned Aerial Vehicle (UAV) Systems
Integration Laboratory (SIL), and included $3.0 million for
continued development of the Multiple UAV Simulation
Environment (MUSE).
The House bill would direct the Assistant Secretary of
Defense (Command, Control, Communications and Intelligence) to
provide the congressional defense and intelligence committees a
plan, which includes a funding profile, for the continued
operation of the SIL no later than March 31, 1999.
The Senate amendment had no similar provision.
The Senate recedes.
Overview
The budget request for fiscal year 1999 contained an
authorization of $9,314.7 million for Defense-Wide, Research
and Development in the Department of Defense. The House bill
would authorize $9,173.9 million. The Senate amendment would
authorize $9,302.8 million. The conferees recommended an
authorization of $8,848.8 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
University research initiative
The budget request included $216.0 million in PE 61103D
for the university research initiative. The request included
$10.0 million for the Defense Experimental Program to Stimulate
Competitive Research (DEPSCoR).
The House bill would authorize an increase $15.0 million
for the DEPSCoR.
The Senate amendment would authorize the budget request
but would fence an additional $10.0 million within the request
for the DEPSCoR, a total of $20.0 million.
The House recedes.
Ballistic Missile Defense Organization funding and programmatic
guidance
The budget request included approximately $3.6 billion
for the Ballistic Missile Defense Organization (BMDO) for
research, development, test, and evaluation (RDT&E), and
procurement.
The House bill would authorize an increase of $76.8
million for BMDO. In addition, the House bill would authorize
an increase of $50.0 million for radar improvements related to
Navy Upper Tier under Navy research, development, test, and
evaluation (RDT&E).
The Senate amendment would authorize a decrease of $97.7
million for BMDO.
The conferees agree to authorize a decrease of $51.7
million for BMDO.
The conferees recommended funding allocations for BMDO
are summarized in the following table. Additional programmatic
and funding guidance is also provided below.
BMDO FUNDING ALLOCATION
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Conference
Program Request Senate House -------------------
Change Total
----------------------------------------------------------------------------------------------------------------
Support Technology............................................ 253.5 +140.0 +12.8 +130.0 383.5
THAAD......................................................... 821.7 -323.9 ........ -294.3 527.4
TMD-BM/C3*.................................................... 22.8 ........ ........ ........ 22.8
Navy Lower Tier**............................................. 289.1 ........ ........ ........ 289.1
Navy Upper Tier***............................................ 190.4 +120.0 +70.0 +120.0 310.4
MEADS......................................................... 43.0 -33.0 ........ -19.0 24.0
NMD........................................................... 950.5 ........ ........ ........ 950.5
Joint TMD..................................................... 176.8 ........ -2.0 ........ 176.8
PAC-3**....................................................... 480.5 ........ ........ ........ 480.5
FOS E&I....................................................... 96.9 ........ ........ ........ 96.9
BMD Tech Ops.................................................. 190.1 ........ -4.0 ........ 190.1
Int'l Coop Programs........................................... 50.7 -0.8 ........ +12.0 62.7
Threat/Countermeasures........................................ 22.1 ........ ........ ........ 22.1
BMDO Total................................................ 3,588.1 -97.7 +76.8 -51.3 3,536.8
----------------------------------------------------------------------------------------------------------------
*Procurement only.
**Procurement and RDT&E.
***The House bill also included an increase of $50.0 million for radar improvements related to Navy Upper Tier
under Navy RDT&E.
Support technology
The conferees continue to support BMDO's wide bandgap
electronics material development program. Higher speed and
higher temperature operation afforded by wide bandgap
electronic materials could enhance the miniaturization and
functionality of advanced sensors and processing systems for
space-based ballistic missile defense (BMD) sensors and ground-
based radar systems. The conferees agree to authorize an
increase of $14.0 million in PE 62173C to support this
important activity.
The conferees continue to support the Atmospheric
Interceptor Technology (AIT) program to develop advanced
interceptors with potential applications for a range of theater
missile defense (TMD) programs. The conferees agree to
authorize an increase of $22.0 million in PE 63173C to continue
the AIT program.
The conferees commend BMDO and the Air Force for
increasing funding in the fiscal year 1999 budget request for
the Space Based Laser (SBL) Readiness Demonstrator (RD)
program, but are concerned by the Air Force's failure to move
the program beyond initial concept definition studies. The
conferees continue to support the development of an SBL-RD that
could be ready for launch in the 2006-2008 timeframe and urge
the Secretary of Defense to provide the necessary funding and
programmatic guidance to put the SBL program on this path. Due
to the failure to release a request for proposal (RFP) and the
Air Force's apparent lack of interest in aggressively advancing
the program, the conferees will evaluate alternative management
arrangements for the program. The conferees direct the
Secretary of Defense to promptly release the RFP for an SBL-RD
that could be launched in the 2006-2008 timeframe. In order to
support this objective, the conferees agree to authorize an
increase of $94.0 million in PE 63173C.
National Missile Defense
The conferees note the existence of some confusion
regarding what, if any, national missile defense (NMD) policy
has been established in law or otherwise endorsed by Congress.
Although the conferees agreed to a provision on this subject
last year, which was enacted in the National Defense
Authorization Act for Fiscal Year 1998 (section 231 of Public
Law 105-85), this provision did not address NMD deployment
policy nor otherwise endorse the administration's policy known
as ``three-plus-three''.
Although the Congress has acceded to recent funding
requests for the administration's ``three-plus-three'' program,
it has neverformally endorsed the concept. Indeed, the
continued lack of programmatic definition associated with the ``plus-
three'' phase has called into question the administration's willingness
and ability to deploy an NMD system on the ``three-plus-three''
schedule, the integrity of the concept itself, and exacerbated the
current debate. The NMD program is the only major defense acquisition
program that is not being managed to scheduled milestones beyond
initial development. This is a departure from usual practice and proven
program management principles. The conferees note that the Director of
BMDO has testified that NMD is still an ``extremely high risk''
program. The conferees believe that the lack of program definition in
the ``plus-three'' phase, and the lack of a defined path from this
phase into production and deployment, is contributing to this risk and
suboptimal decision-making with adverse impact to NMD programmatics and
budgets.
At the same time, the conferees note that the bipartisan
Commission to Assess the Ballistic Missile Threat to the United
States unanimously concluded that ``under some plausible
scenarios . . . the U.S. might well have little or no warning
before operational deployment'' of long range ballistic
missiles by hostile powers. The conferees believe that the
potential mismatch between this warning time and the deployment
timeline for a national missile defense poses a conundrum.
Current policy is that no ballistic missile threat to the
United States currently justifies deployment of a national
missile defense. However, when new ballistic missile threats do
emerge, it may be too late to respond in a timely manner.
In view of the above, the conferees believe that further
program definition in the ``plus-three'' phase and beyond will
mitigate some of the risks identified. Accordingly, the
Secretary of Defense is expected to establish appropriate
milestones and exit criteria for the NMD program that are
consistent with those for other major defense acquisition
programs. Further, the Secretary is expected to conduct NMD
program milestone and budget reviews to ensure that established
exit criteria are being met.
The conferees note that the Secretary of Defense has
completed and submitted to Congress the report on sea-based NMD
options called for in last year's conference report (H. Rept.
105-340), but that this report was submitted only in classified
form. The conferees direct the Secretary to submit an
unclassified summary of this report to the congressional
defense committees as soon as possible.
Medium Extended Air Defense System
Although the conferees continue to support the need for a
TMD system to support maneuver forces, the conferees are
troubled by the failure of the Department of Defense to
structure a fully-funded development program to satisfy this
requirement. Although the conferees would support a coherent
and fully-funded Medium Extended Air Defense System (MEADS)
program, they are unwilling to support a MEADS program that has
no funding programmed beyond fiscal year 1999. The conferees
note that the Department of Defense has had ample opportunity
to address this shortfall. In light of the Department's
unwillingness to provide adequate funding in the outyears, the
conferees recommend a reduction of $19.0 million in PE 63869C.
Additional funding and programmatic guidance regarding the
MEADS program is provided elsewhere in this report.
Theater High Altitude Area Defense (THAAD) system
The conferees continue to support the development,
production, and fielding of THAAD as a matter of highest
priority. The conferees support the budget request of $497.7
million for THAAD Demonstration and Validation (Dem/Val). In
addition, as addressed elsewhere in this report, the conferees
agree to authorize an increase of $29.6 million in THAAD Dem/
Val funding to support increased competition in the THAAD
program, for a total authorization in PE 63861C of $527.4
million.
The conferees are encouraged by the recent cost sharing
agreement between the prime contractor and BMDO, and believe
that testing should resume at an expeditious pace, without
undue delay. However, given recent delays in the THAAD testing
program, and the requirement for THAAD to achieve three
successful intercept tests prior to entering Engineering and
Manufacturing Development (EMD), the conferees agree to
authorize a decrease of $323.9 million from PE 64861C for THAAD
EMD.
The conferees expect the Secretary of Defense not to
overreact to limited, albeit adverse, test results but to re-
double efforts to structure a THAAD program that provides for
as timely a response as possible to the recent medium range
ballistic missile threat developments. The conferees reiterate
the views expressed in previous reports that the THAAD missile
and the Navy Upper Tier missile should not be viewed as
competing systems, but as complementary. The conferees do not
support proposals to use the Navy Upper Tier missile as a
substitute for THAAD. The conferees note that the Navy endorses
continuation of the THAAD program and views continuation of
THAAD testing as important to the success of an accelerated
Navy Upper Tier program.
Navy Upper Tier (Theater Wide)
The conferees continue to support the Navy Upper Tier
program and urge the Secretary of Defense to accelerate this
important development effort within an acceptable degree of
program risk. To facilitate this acceleration, the conferees
also urge the Navy to begin allocating funds from within its
budget to complement those already programmed within the BMDO
budget.
The conferees are concerned that necessary radar
improvements have not kept up with developments in the Navy
Upper Tier interceptor missile system. Therefore, the conferees
agree to authorize an increase of $50.0 million for radar
improvements competition. The conferees direct BMDO and the
Navy to accelerate radar upgrades to ensure that this
capability becomes available at the earliest possible date. In
pursuing this competition, the conferees direct that a
prototype solid state radar be available in 2001 in order to
take full advantage of the Standard Missile III development
testing planned for2002. In addition, the conferees agree to
authorize an increase of $70.0 million for Navy Upper Tier
acceleration, for an overall increase of $120.0 million in PE 63868C.
BMD Technical Operations
The conferees support the efforts being performed at the
Army Space and Strategic Defense Command's Advanced Research
Center (ARC). The ARC continues to be a valuable tool in
support of the Army's development of both theater and national
missile defense systems. Therefore, the conferees agree to
authorize an increase of $5.0 million in PE 63874C for support
of the ARC.
The conferees note substantial unexplained growth in
BMDO's system architecture and engineering effort and agree to
authorize a decrease of $5.0 million in PE 63874C.
International Cooperative Programs
The budget request included $37.9 million for BMDO's
Israeli Cooperative Project, which includes funding for the
Arrow ballistic missile defense system. The conferees agree to
authorize an increase of $12.0 million in PE 63875C to support
interoperability design so the Arrow can operate alongside
forward deployed U.S. missile defense systems.
Patriot PAC-3
At the request of the Director of BMDO, the conferees
recommend a zero-balance transfer of $40.0 million from PAC-3
procurement to PAC-3 EMD to properly align funds for the type
of work being performed. The conferees note with concern that
this realignment is the result of significant delays in the
PAC-3 flight test program. The conferees remain convinced that
PAC-3 is an essential TMD system and is the only near term
defense against threats emerging in the Southwest Asia and
elsewhere. Nevertheless, if the PAC-3 test program does not
demonstrate significant improvement, the conferees do not rule
out the possibility of future funding reductions.
Medical free electron laser
The budget request included $9.7 million in PE 62227D for
the medical free electron laser program.
The House bill would authorize an increase of $5.0
million.
The Senate amendment would authorize an increase $7.0
million.
The conferees agree to authorize an increase of $7.0
million.
Computing systems and communications technology
The budget request included $417.7 million in PE 62301E
for computing systems and communications technology.
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $30.0
million in the joint infrastructure protection project and a
transfer of an additional $10.0 million from that project to PE
33104F for cyber-security research.
The conferees endorse the views in the Senate report (S.
Rept. 105-189) with regard to the joint infrastructure
protection project and reiterate the requirement for the report
specified by the Senate. The conferees are especially concerned
about the deficient planning for such a project given the
widely recognized need to address vulnerabilities in the U.S.
information infrastructure as quickly as possible. However, in
recognition of the urgency of this issue, the conferees agree
to an undistributed reduction in PE 62301E of $40.0 million to
allow Defense Advanced Research Projects Agency (DARPA)
flexibility to allocate the reduction consistent with national
security priorities.
Chemical-biological defense program
The budget request included $620.3 million for the
chemical-biological defense program, including $336.4 million
in research and development, test and evaluation and $283.9
million in procurement. The budget request also included $88.0
million for the Defense Advanced Research Projects Agency
(DARPA) biological warfare (BW) defense program (PE 62383E).
The House bill would authorize the budget request for the
chemical-biological defense program and the biological warfare
defense program (PE 62383E), but would decrease the budget
request of $6.9 million for procurement of contamination
avoidance equipment for the use by the Reserve Components to
respond to domestic emergencies.
The Senate amendment would recommend the following
increases to the budget request for the chemical-biological
defense program: $10.0 million to accelerate research and
development of small, light-weight, man-portable chemical and
biological agent detection sensors; $4.0 million in PE 62384BP
for Project SAFEGUARD to continue proof of concept testing to
establish sensor performance, initiate packaging and real-time
processing, and the conduct of platform studies; and $1.5
million in PE 62383E to demonstrate the use of technologies for
the deployment of telemedicine and other capabilities to the
warfighters; but would recommend a $12.0 million reduction to
the budget request for the DARPA BW program.
Additionally, the Senate amendment would transfer the
mission, function and resources for the chemical-biological
defense program to the Defense Threat Reduction Agency (DTRA),
consistent with the recommendation of the November 1997 Defense
Reform Initiative (DRI).
The conferees agree to authorize an increase of $15.5
million for chemical-biological defense for acceleration of
research and development of small, light-weight, man-portable
chemical and biological detectors ($5.0 million in PE 61384BP
and $5.0 million in PE 62384BP), $4.0 million in PE 62384 BP
for Project SAFEGUARD, and $1.5 million in PE 62384E for the
demonstration and deployment of technologies for telemedicine
and other capabilities to the warfighters; but would reduce the
budget request by $7.0 million forPE 62383E. Additionally, the
conferees continue to express strong support for innovative
technologies to detect chemical and biological agents, such as aerogels
and radio frequency identification sensor tags, and encourage the broad
participation of the national laboratories, universities and, where
appropriate, industry, in these efforts.
The conferees endorse the concerns expressed in the
Senate report (S. Rept. 105-189) regarding the shortcomings and
deficiencies in the chemical-biological defense program related
to the provision of adequate force structure and equipment to
protect military facilities, as well as the deficiencies in
doctrine, policy, equipment and training for the defense of
critical overseas ports and airfields. The conferees direct the
Secretary of Defense to report to the congressional defense
committees by December 1, 1998 and annually thereafter, in the
Department of Defense Nuclear, Chemical Biological (NCB)
Defense Annual Report, on the plans to correct these
deficiencies, including the deployment on a long-term basis of
Army Biological Integrated Detection Systems (BIDS) companies
in high threat commands or regions.
Oversight and management of chemical/biological defense program
The conferees note progress achieved in implementing the
provisions of section 1701 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160, 52
U.S.C. 1522) in consolidating, coordinating and integrating the
chemical-biological defense requirements of the military
departments into a single office within the Department of
Defense. Under this agreement, the DOD chemical-biological
defense program office provides overall policy and budget
guidance for the program, the Defense Acquisition Board process
provides oversight of the program, and the Department of the
Army acts as the executive agent. The conferees also note that
the establishment of a Joint Nuclear, Chemical and Biological
(NCB) Board to provide management structure for the program
ensures that the operational needs of the services are
integrated and coordinated, and that unnecessary duplication of
effort is eliminated in the preparation of the chem-bio defense
Program Objective Memorandum.
The conferees agree that a single office for overall
coordination and integration of the DOD chem-bio defense
program, as required by Public Law 103-160, be maintained
within the Office of the Secretary, and strongly believe that
the office must be assigned sufficient staff to exercise its
policy and budget guidance roles. In addition, the conferees
strongly support continued implementation of the Joint Service
Agreement to ensure coordination, integration and management of
the program.
With regard to the transfer of the chem-bio defense
program to the Defense Threat Reduction Agency (DTRA), the
conferees agree that the management role of the DTRA with
regard to the chem-bio defense program should be limited to
those chem-bio defense activities and projects that represent
unique operational mission responsibilities of DTRA. Therefore,
the conferees do not agree to transfer overall responsibility
for the execution and day-to-day management of the chem-bio
defense program to DTRA. However, to ensure consideration of
DTRA chem-bio defense and related counterproliferation
operational requirements in the DOD chem-bio defense program,
the conferees recommend that DTRA become a party to the Joint
Service Agreement on NCB defense and be included as a voting
member of the Joint NCB Defense Board.
Tactical technology
The budget request included $189.0 million in PE 62702E
for tactical technology.
The House bill would authorize a decrease of $37.0
million for applied research in tactical technology.
The Senate amendment would authorize a decrease of $5.0
million for the increased scope of work on the micro unmanned
aerial vehicle program.
The conferees agree to authorize a decrease of $32.0
million in PE 62702E.
Integrated command and control technology
The budget request included $34.0 million in PE 62708E
for integrated command and control technology.
The House bill would authorize an increase of $6.0
million for continued development of advanced technologies for
flat panel displays.
The Senate amendment would authorize an increase of $8.0
million for flat panel display to continue the development of a
domestic infrastructure within the context of the flat panel
display initiative.
The conferees agree to authorize an increase of $7.0
million for flat panel displays.
Materials and electronic technologies
The budget request included $244.4 million in PE 62712E
for material and electronics technology.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $6.0
million for the continued development of the mixed mode
electronics multi-technology insertion (MIME) program.
The conferees agree to authorize an increase of $6.0
million for the MIME program and to authorize a reduction of
$8.0 million for sonoelectronics to fund other higher priority
projects.
Weapons of mass destruction technologies
The budget request included $203.6 million for weapons of
mass destruction technologies (PE 62715BR) of the Defense
Special Weapons Agency (DSWA).
The House bill would authorize the budget request.
The Senate amendment would recommend an increase of
$15.0million, including $10.0 million to maintain nuclear core
competencies and critical scientific and engineering expertise; $2.0
million to maintain efforts to protect critical civil and commercial
advanced electronic technologies and space systems against nuclear and
conventional explosions; and $3.0 million to accelerate the pace and
development of components and subsystems toward a prototype ``deep
digger'' system.
The conferees agree to authorize an increase of $13.0
million to the budget request: $10.0 million to maintain
nuclear core competencies and critical scientific and
engineering expertise in nuclear weapons effects technology and
$3.0 million to accelerate the pace and development of
components and subsystems toward a prototype ``deep digger''
system.
The conferees remain concerned about the impact of high
altitude nuclear and conventional explosions on critical civil
and commercial activities and the potential vulnerability of
next generation satellites and high technology upon which U.S.
Armed Forces rely. The conferees have supported the efforts of
the DSWA to conduct research on the effects of electromagnetic
pulse (EMP) and the potential impact on military systems and
critical technologies, and to develop technologies that would
reduce potential vulnerabilities of the effects of radiation
and EMP on advanced electronic technologies and space systems.
The conferees endorse the direction contained in the
House Report (H. Rept. 105-532) accompanying its fiscal year
1999, defense authorization bill that the Secretary of Defense,
in consultation with the Director of Central Intelligence,
report to the congressional defense committees by March 1, 1999
on the potential effects of high- and low-frequency EMP on
critical military and civil systems and steps that might be
taken to reduce potential vulnerabilities to EMP.
Explosives demilitarization technology
The budget request included $11.6 million for the
explosives demilitarization technology program (PE 63104D8Z).
The House bill would authorize an increase of $2.0
million to allow continued aggressive development of
environmentally safe procedures to safely dispose of
conventional military munitions.
The Senate amendment would authorize an increase of $5.5
million: $4.0 million to complete the demonstration of existing
commercially available blast chamber technology; and $1.5
million to design a mobile system utilizing the commercially
available blast chamber technology.
The conferees agree to authorize an increase of $6.0
million to the budget request, including $2.0 million to
continue aggressive development of environmentally safe
procedures to dispose of conventional military munitions and
$4.0 million to complete the demonstration of commercially
available blast chamber technology as a viable alternative to
open burn/open detonation demilitarization of conventional
munitions.
The conferees concur with the concerns expressed in the
Senate report (S. Rept. 105-189) regarding the existence of
small numbers of conventional munitions at demilitarization
sites in the United States which need to be destroyed, where it
may not be cost effective or practical to construct a
destruction facility. The conferees support the efforts of the
Department of Defense to design a mobile system utilizing the
commercially available blast chamber technology.
Counterterror technical support program
The budget request included $35.8 million for the
counterterror technical support (CTTS) program (PE 63122D8Z).
The House bill would authorize an increase of $4.0
million increase for the development and demonstration of
biometric access control technology, to include the use of
authentication software and the principal component method of
facial recognition.
The Senate amendment would authorize an increase of $5.0
million for the facial recognition technology program.
Additionally, the Senate would recommend the transfer of the
counterterror technical support program to the Defense Threat
Reduction Agency.
The conferees agree to authorize an increase of $4.0
million for the facial recognition technology program. In
addition, the conferees endorse two recommendations contained
in the Senate report (S. Rept. 105-185). First, the conferees
support efforts by the Department of Defense to maintain
collaborative efforts with allies who have demonstrated
counter-terrorism capabilities, which can provide the United
States with a cost-effective way to remain on the cutting-edge
of technology. Second, the conferees support efforts by the
Department to continue its examination of retrofit options and
to develop design guidelines for new and existing structures,
including the use of composite systems.
The conferees recognize the success of the interagency
Technical Support Working Group (TSWG) and the Counterterror
Technical Support program, and direct that oversight and
direction of the program remain with the Office of the
Assistant Secretary for Special Operations and Low Intensity
Conflict.
The conferees understand that the ASD (SO/LIC) is
responsible for oversight of the TSWG and the Office of Special
Technology (OST). The conferees also understand that there are
other entities within the Department of Defense that can
contribute to the interagency program to combat terrorism, such
as the Defense Special Weapons Agency (DSWA), and encourage the
TSWG to continue its coordination activities with these DOD
entities, as well as with non-DOD entities, to ensure that the
expertise available to the U.S. Government is appropriately
applied to national and international efforts to combat
terrorism.
The conferees also encourage the continued cooperation
between the TSWG and the Physical Security Action Group (PSEAG)
to ensure that the CTTS and the physical security equipment
programs address technologies that meet force protection needs.
Counterproliferation support program
The budget request included $80.4 million for the
counterproliferation support program, $70.6 million in PE
63160BR and$9.8 million in PE 65160BR.
The House bill would recommend that the
counterproliferation support program be maintained at the
fiscal year 1998 level and would authorize a decrease of $13.0
million.
The Senate amendment would authorize an increase of $4.0
million to PE 65160BR for the Counterproliferation Analysis and
Planning System (CAPS) and an increase of $3.0 million to PE
63160BR for the high frequency active auroral research program
(HAARP). In addition, the Senate would recommend an increase of
$20.5 million increase for the unfunded requirements for the
U.S. Special Operations Command (USSOCOM) for training,
equipment and activities related to detecting, identifying,
rendering safe, destroying or recovering weapons of mass
destruction.
The House recedes.
The conferees endorse the concerns expressed in the
Senate report (S. Rept. 105-185) and the recommendation that
funds authorized for HAARP not be diverted to fund government
overhead and Systems Engineering and Technical Assessments
(SETA) support, and that the combined overhead/SETA support
costs be no more than 10 percent.
Automatic target recognition
The budget request included $5.1 million in PE 63232D for
automatic target recognition.
The House bill would authorize an increase of $3.0
million for optical correlation technology research.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Generic logistics research and development technology demonstrations
The budget request included $17.8 million in PE 63712S
for generic logistics research and development technology
demonstrations.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0
million for the computer assisted technology transfer program.
The conferees agree to authorize an increase of $4.0
million for the computer assisted technology transfer program.
Strategic Environmental Research and Development Program
The budget request included $54.4 million for the
Strategic Environmental Research and Development Program
(SERDP) and transferred the program from PE 63716D to PE
63780A.
The House bill included no funds for SERDP.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request and
direct that SERDP be identified under a Department of Defense
(DOD) program element to avoid confusion about its unique
multi-agency purpose. The conferees recognize the value of
SERDP as a tri-agency cooperative program that supports basic
and applied research and development of innovative technologies
to meet the environmental obligations of the DOD, the
Department of Energy, and the Environmental Protection Agency.
The conferees expect that maintaining SERDP under a DOD program
element will preserve its multi-agency focus.
Advanced electronics technologies
The budget request included $244.7 million in PE 63739E
for advanced electronics technologies.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.0
million for advanced mask writer development in advanced
lithography and would authorize a decrease of $4.0 million for
new start work in project MT-04.
The conferees agree to authorize an increase of $10.0
million for advanced lithography development, as described in
the Senate report (S. Rept. 105-189), and a decrease of $8.4
million for molecular level printing program acceleration and
submarine sensor suite development to fund higher priority
projects.
Maritime technology
The budget request included $15.0 million in PE 63746E
for the maritime technology (MARITECH) advanced shipbuilding
enterprise (ASE) program.
The Senate amendment would authorize an increase of $5.0
million to PE 63746E for MARITECH ASE.
The House bill would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million to PE 63746E for MARITECH ASE.
Advanced concept technology demonstrations
The budget request included $116.3 million in PE 63750D
for advanced concept technology demonstrations.
The House bill would authorize a decrease of $12.0
million for advanced concept technology demonstrations.
The Senate amendment would authorize a decrease of $6.0
million in the same program.
The conferees agree to authorize a decrease of $12.0
million for advanced concept technology demonstrations.
High performance computing modernization program
The budget request included $140.9 million in PE 63755D
for high performance computing modernization program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $20.0
million to sustain operations of supercomputing centers
established with Department of Defense funds and an increase of
$3.0 million for a program to address related challenges in
remote visualization, distance learning expansion, and
collaborative exploitation of high performance computing
capabilities.
The House recedes.
Command, control and communications systems
The budget request included $200.1 million in PE 63760E
for command, control and communications systems.
The House bill would authorize a decrease of $27.5
million for command, control and communications systems.
The Senate amendment would authorize a decrease of $11.0
million in the same program.
The conferees agree to authorize a decrease of $27.5
million.
Sensor and guidance technology
The budget request included $213.2 million in PE 63762E
for sensor and guidance technology.
The House bill would authorize a decrease of $13.1
million within the program and an increase of $10.0 million for
seismic sensor technology development.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $13.1
million for the program. The funding for seismic sensor
technology development is addressed elsewhere in this statement
of managers.
Land warfare technology
The budget request included $108.5 million in PE 63764E
for land warfare technology.
The House bill would authorize a decrease of $11.6
million in the program.
The Senate amendment would authorize a decrease of $4.0
million for a new start project in LNW01.
The conferees agree to a decrease of $17.6 million in the
program: a reduction of $11.6 million, as described in the
House report (H. Rept. 105-532); and a reduction of $6.0
million for tactical mobile robots acceleration and situation
awareness system program growth to fund higher priority
programs.
Physical security
The budget request included $31.7 million for the
Department of Defense physical security program (PE 63228D8Z).
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $6.0
million for activities related to demonstrating commercial off-
the-shelf technologies. In addition, the Senate would make
available $3.0 million for a study to determine the utility of
a software technology developed jointly by industry and the
national laboratories, the Analytic System and Software for
Evaluating Safeguards and Security (ASSESS), for use by the
Department of Defense as an integral component in conducting
vulnerability assessments at numerous Department of Defense
facilities and installations.
The conferees agree to authorize a decrease of $3.0
million for activities related to demonstrating commercial off-
the-shelf technologies in PE 63228D8Z, and that decreases to
this program not be made to projects currently underway.
Additionally, the conferees would make available $3.0 million
for a study on the utility of ASSESS as an integral component
of DOD efforts to assess vulnerability assessments at its
facilities and installations.
Continuous acquisition and life-cycle support activities initiative
The budget request included $1.9 million in PE 63736D for
the continuous acquisition and life-cycle support activities
(CALS) initiative.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.0
million for the integrated data environment program.
The conferees agree to authorize an increase of $2.0
million for the integrated data environment program.
North Atlantic Treaty Organization research and development
The budget request included $44.4 million for the North
Atlantic Treaty Organization (NATO) research and development
activities in the following accounts: $11.6 million for the
Army (PE 63790A); $11.0 million for the Navy (PE 63790N); $11.1
million for the Air Force (PE 63790F); and $10.7 million for
the Department of Defense (PE 63790T).
The House bill would authorize a decrease of $5.0 million
VECTOR activity in the Navy program (PE 63790N), an
international flight demonstration effort utilizing X-31
experimental aircraft.
The Senate amendment would recommend that funds for the
NATO research and development activities remain at the fiscal
year 1998 funding levels plus inflation, resulting in the
following decreases: $2.0 million (Army); $1.1 million (Navy);
$0.4 million (Air Force); and $2.3 million (defense-wide).
The conferees agree to authorize the following decreases:
$2.0 million (Army); $4.0 million (Navy); $0.4 million (Air
Force); and $2.3 million (defense-wide). The omnibus
reprogramming (FY98-16PA) currently before the Congress for
approval includes as a source of funds $3.0 million from the
Navy NATO research and development program for activities
related to VECTOR. According to the rationale making the
sources available for reprogramming, agreements have not been
reached yet between the United States and Sweden, and therefore
the funds are available. The conferees recommend that the
Department of the Navy utilize those funds for activities in
fiscal year 1999.
Humanitarian demining
The budget request included $17.2 million for
humanitarian demining research and development activities in PE
63920D8Z.
The House bill would authorize a decrease of $5.0
million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request.
Joint robotics program-engineering development
The budget request included $11.3 million in PE 64709D
for the joint robotics program-engineering development.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $6.0
million for accelerated joint robotics technology engineering
and management development.
The conferees agree to authorize an increase of $6.0
million for accelerated joint robotics technology engineering
and management development.
Defense technology analysis
The budget request included $5.0 million in PE 65798S for
the defense technology analysis program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.0
million for the commodity management technology program.
The conferees agree to an increase of $2.0 million for
the commodity management technology program.
Defense technical information services
The budget request included $46.5 million in PE 65801K
for defense technical information services.
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $1.0
million for expansion of defense technical information.
The conferees agree to authorize a decrease of $1.0
million for expansion of defense technical information.
Special operations intelligence systems development
The budget request included $1.8 million for special
operations forces intelligence systems development.
The House bill would authorize an increase of $5.0
million for research and development requirements associated
with the Special Operations intelligence vehicle.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.5
million for development of the Special Operations intelligence
vehicle.
Live fire testing
The budget request included $9.9 million in PE 65131D for
live fire testing.
The House bill would authorize an increase of $4.0
million to expand threat vulnerability testing to include the
threat of radio frequency weapons.
The Senate amendment would authorize the budget request.
The Senate recedes.
ITEMS OF SPECIAL INTERESt
Advanced lightweight grenade launcher
The conferees note ongoing efforts by the Special
Operations Command (SOCOM) to develop new lightweight weapon
systems necessary to support critical mission requirements by
reducing the load that special operations personnel must carry.
The conferees support ongoing efforts to develop a new advanced
lightweight grenade launcher (ALGL) that will support special
operations missions and believe this capability has
applicability beyond the Special Operations Command. The
conferees encourage the Special Operations Command to assess
future warfighting requirements and determine the viability of
ALGL concept. If ALGL meets warfighting requirements, the
conferees would expect SOCOM to request funding necessary to
develop this weapon and meet future warfighting requirements.
Advanced tactical computer science and sensor technology
The budget request included $18.5 million in PE 63772A
for advanced tactical computer science and sensor technology.
The House bill would authorize the budget request.
The Senate amendment would authorize an additional $2.5
million for digital intelligence technology development.
The Senate recedes.
The conferees strongly endorse the use of commercial-off-
the-shelf (COTS) technology where appropriate to meet the needs
of the 21st Century Army. The committee urges the Army to
consider spending up to $5.0 million of the discretionary funds
in the Army's digitization program to explore alternative COTS
technology for command and control applications for dismounted
soldiers.
Commercial technologies for maintenance activities
The conferees agree to amend the budget request to change
the name of PE 63805S to commercial technologies for
maintenance activities.
The conferees support funding for this program
established in section 361 of the National Defense
Authorization Act for Fiscal Year 1998. The conferees believe
the commercial technologies for maintenance activities program
provides a framework for the depot maintenance activities to
work together with U.S. manufacturing companies on projects of
common interest in which industry will match Department of
Defense funding on a two-for-one basis. The conferees believe
that in planning the program in the outyears, the Defense
Logistics Agency (DLA) should require each of the participating
services to match DLA funds for the projects conducted under
the program. In managing the program in fiscal year 1999, the
DLA should consider imposing such a matching requirement where
practicable.
Cyber Security Program
The conferees support the Air Force cyber-security
program, which would allow the Air Force to conduct research
and development at federally funded research and development
centers that are currently working in collaboration on issues
relating to security information assurance. This program would
help to facilitate the transition of information assurance
technology to the defense community which is vital as the
Defense Department increases its reliance on computer networks
and information technology.
Defense information superiority, assurance, and interoperability
Joint Vision 2010, the Joint Chiefs of Staff conceptual
template for how U.S. Armed Forces will fight future wars,
identifies information superiority--the capability of
maintaining an uninterrupted flow of information while denying
an adversary's ability to do the same--as a key enabler for
success in any future conflict.
The conferees believe that communications network
interoperability problems experienced by Navy carrier battle
groups during operational test and evaluation of the advanced
combat direction system and the cooperative engagement
capability, as discussed elsewhere in this statement of
managers, highlight potentially greater interoperability
problems in communications, command, control, computers,
intelligence, surveillance, and reconnaissance (C4ISR) systems
networking at the joint level. Such problems will adversely
affect the ability of U.S. Armed Forces to achieve the
information superiority required for success on future
battlefields.
The General Accounting Office (GAO) has identified a
number of activities within the Department of Defense (DOD)
intended to ensure that U.S. Armed Forces are capable of
establishing and maintaining information superiority in the
future. According to the GAO reports, the DOD has begun to make
progress toward establishing a comprehensive C4ISR
architecture, but needs to complete its development, establish
adequate information assurance measures, and ensure compliance
with the architecture by the military departments, unified
commands, and agencies. The GAO also observed that the
complexity, magnitude, and cost of DOD's information
superiority efforts warrant a comprehensive annual overview of
the state of the Department's management and oversight of C4ISR
acquisitions. The conferees understand that the DOD agreed with
the recommendations contained in the GAO reports.
Accordingly, the conferees direct the Secretary of
Defense to submit with the DOD budget request for fiscal year
2000 a report to the congressional defense committees on the
implementation of the information superiority concept and its
attendant key C4ISR systems development and acquisitions. The
report should describe a DOD roadmap for C4ISR
interoperability. The report should describe identified
obstacles to interoperability, architecture development,
implementation, and maintenance and the plans, including the
planned allocation of resources, to address them.
Joint simulation system
The conferees view the development of the Joint
Simulation System (JSIMS) in PE 92740J as an important step in
meeting a critical joint readiness requirement. In addition,
JSIMS provides a framework for the migration of all training
simulations into a common system and the elimination of the
existing suite of legacy simulations across the services. These
legacy simulations are increasingly outdated and expensive to
maintain. JSIMS is also a key enabler for the joint
experimentation process recently directed by the Secretary of
Defense to be established under the Commander in Chief, U.S.
Atlantic Command.
The conferees encourage the Department of Defense to
adequately fund this program in fiscal year 2000 and beyond as
a means of ensuring that full operating capability follows the
fielding of initial operating capability without delay.
Man overboard indicator technology
The budget request included no funds for the development
of man overboard indicator technology.
Both the House report (H. Rept. 105-532) and the Senate
report (S. Rept. 105-189) encouraged the Navy to investigate
the utility of commercially available, water-activated man
overboard indicator and the feasibility of integrating such a
system for fleet use.
The conferees encourage the Navy to investigate the
feasibility of integrating a commercial off-the-shelf man
overboard indicator as a means of immediately alerting ship
control personnel of a person accidentally falling overboard.
Additionally, the conferees encourage the Navy to continue
their initiatives to identify a commercial off-the-shelf
personnel tracking and physiological monitoring system, and to
investigate the possibility and utility of combining man
overboard, tracking, and physiological monitoring requirements
into one device.
Materials research
The House report (H. Rept. 105-532) expressed concern
about the direction of materials research within the Department
of Defense and the belief that such research should seek to
reduce long-term dependence for critical defense materials upon
foreign sources. The report directed the Secretary of Defense
to undertake a basic review of the policies and programs
regarding defense critical materials and critical materials
research and to report the results of this review by February
15, 1999.
The Senate report (S. Rept. 105-189) included no similar
direction.
The conferees note the views expressed in the House
report and the potential vulnerabilities of the domestic and
foreign supplier base for critical defense materials needed in
the production of future defense systems. The conferees
recognize the decline in funding of applied materials research
in the Department, particularly in the support of fundamental
materials research by the Defense AdvancedResearch Projects
Agency.
In addition to the issues identified in the House report,
the conferees direct the Secretary of Defense to assess the
requirements for a long-range plan for future materials
research that would ensure the availability of emerging high
performance materials for future defense needs and to include
the results of this assessment in the report submitted to the
Congress. As a part of this assessment, the Secretary should
consider the state of competition, both within the United
States and international markets, for raw materials for high
speed applications, such as gallium or other materials.
Military human immunodeficiency virus research
The budget request included $5.7 million in PE 63105A for
military human immunodeficiency virus research.
The House bill would authorize the budget request.
The Senate amendment would authorize a decrease of $2.6
million for the program.
The conferees agree to authorize the budget request.
Navy antisubmarine warfare program
The conferees note the 1997 report by the Naval Studies
Board of the National Academy of Sciences, Technology for the
United States Navy and Marine Corps, 2000-2035. The report
concludes that:
(1) antisubmarine warfare (ASW) is one of the
Navy's most fundamental core competencies;
(2) ASW must remain a core competency in the face
of a submarine threat that will increase in the 21st
century to become the dominant threat to the
accomplishment of naval missions;
(3) the continuing draw down in naval forces and
the current de-emphasis on ASW have seriously eroded
the Navy's ASW capabilities;
(4) this erosion of capabilities comes at a time
when potential future adversaries are rapidly acquiring
advanced quieting techniques and other offensive
submarine capabilities;
(5) the lack of consensus on a submarine threat and
competing naval warfare priorities, combined with
mounting pressure on the overall defense budget, have
put the Navy's ASW program at historically low levels;
(6) advances in ASW capability come about only as a
result of dedicated, long-term research and development
based on at-sea operations, testing, measurements, and
experimentation; and
(7) these types of research and development
projects and operations are largely absent from current
Navy programs and plans.
The conclusions of the Naval Studies Board closely
parallel congressional concerns about the erosion of the Navy's
ASW capabilities since the end of the Cold War. These concerns
led to direction to the Secretary of Defense in the statement
of managers that accompanied the conference report on S. 1124
(H. Rept. 104-450), and in the classified annex that
accompanied the statement of managers on H.R. 3230 (H. Rept.
104-724). These reports directed the Secretary to assess the
current and projected U.S. ASW capability in the light of the
developing threat and budget trends, and to identify the short-
term and long-term improvements needed to cope with the
evolving submarine threat.
The conferees commend the Navy and the Office of the
Secretary of Defense for The 1997 Anti-Submarine Warfare
Assessment, dated March 1998. The assessment reaffirms that ASW
is a top priority mission for the Navy, as well as being a core
and enduring naval competency. The assessment of ASW training,
modernization, and organization concludes that ASW training
proficiency has declined and recommends that responsibility for
ASW proficiency be refocused in the fleet. According to the
report, the highest priority ASW modernization efforts are
funded and the President's budget request for fiscal year 1999
provides adequate equipment to respond to likely threats to the
end of the Future Year Defense Program and beyond. The Navy has
also created a new staff organization within the Office of the
Chief of Naval Operations (N-84), and charged that organization
with the responsibility for integration and assessment of the
Navy ASW program.
The conferees believe that ASW is a critical enabler for
naval operations in the world's littoral regions, and that a
stable and focused ASW program under appropriate oversight by
the Department of the Navy and the Office of the Secretary of
Defense will be critical to achieving the goals of near- and
long-term improvements in ASW proficiency and capabilities. To
that end, the conferees direct the Navy to update, at least
biannually, an ASW Master Plan that reflects the Navy's overall
ASW investment strategy and program. The conferees also believe
that the Chief of Naval Operations should consider providing
staffing and responsibility for N-84 that is on a level
commensurate with that of other Navy staff resource sponsors
for the functional warfare areas.
Navy land attack missile program
The budget request included $11.3 million in PE 63795N
for continued evaluation of a naval version of the Army
Tactical Missile System (NTACMS) for naval surface ship and
submarine use. No funds were included in the budget request for
the Land Attack Standard Missile (LASM), a land attack variant
of the Navy Standard Missile.
The House bill would authorize the budget request. The
House bill would also direct that the Navy's land attack
missile program not proceed to a Milestone I development
decision until the analysis of alternatives and other issues
appropriate to a major acquisition program milestone decision
have been resolved.
The Senate amendment would authorize the budget request.
The Senate amendment would also direct the Secretary of the
Navy to report, among other things, an analysis of alternatives
for an advanced gun system that considers fulfilling some
portion of the Navy's fire support requirement with a modified
version of the Army's extended range multiple launch rocket
system and some portion of the fire support requirement with
NTACMS.
The House Report (H. Rept. 105-132) accompanying the
National Defense Authorization Act for Fiscal Year 1998
cautioned that a thorough, objective and independent cost and
operational effectiveness analysis of competing system
alternatives for meeting the operational requirements for a
naval land attack missile would be required before the Navy
proceeds with any development milestone decision for such a
missile system.
The conferees are aware that the Chief of Naval
Operations selected LASM as the most cost effective near-term
solution to its requirement for a land attack missile system.
According to the Navy, selection of LASM was based on an
extensive and broadly based land attack analysis that compared
LASM and NTACMS on the basis of range, responsiveness,
lethality, growth potential, and cost. But, the conferees
believe that the assumptions used in the analysis may not
accurately reflect the operational realities of the littoral
battlefield. In addition, the impact of selecting LASM may
result in the cancellation of the NTACMS program. Cancellation
of NTACMS would result in a different approach regarding land
attack missile support of Marines ashore and submarine
employment in the littorals from that described in Navy
testimony before Congress. The conferees are reluctant to
approve a request for authorizing LASM if it results in
cancellation of NTACMS without Navy explanations of the impact
of such a decision on support of Marines ashore and other
submarine missions in littoral warfare.
The conferees agree to authorize $11.3 million for
development, risk reduction, and analytical activities leading
to a defense acquisition program milestone decision for the
missile system program to satisfy the Navy's land attack
missile requirement. The conferees direct the Secretary of
Defense to ensure that the analysis of alternatives for a Navy
land attack missile system, as discussed in the statements of
managers accompanying the National Defense Authorization Act
for 1998 (Public Law 105-85) and the National Defense
Authorization Act for Fiscal Year 1999 (H. Rept. 105-532 and S.
Rept. 105-189), and other issues appropriate to a major
acquisition milestone decision are completed and the results
reviewed by the Defense Acquisition Board before the Navy
proceeds with a development milestone decision for the land
attack missile system.
Oceanographic research information
The conferees are aware of recent announcements by the
Vice President that the Department of the Navy is
declassifying, and will make available for use by the public
and private institutions and agencies with ocean research and
education programs, previously classified acoustical data from
the U.S. Navy's underwater Sound Surveillance System (SOSUS)
and data on ocean temperature and salinity levels under the
Arctic ice cap. These data can be used, among other things, to
track the migrations of large marine mammals, predict natural
catastrophes, and support long-term climate change research.
The conferees believe that such actions provide the opportunity
to leverage the nation's $16.0 billion investment in the SOSUS
system by making data from this system available for continuing
defense research and for civilian scientific research and
education.
The conferees request that the Chairman of the National
Oceanographic Research Leadership Council conduct an assessment
of: (1) the value of SOSUS data to meet the requirements of
appropriate private and public institutions and agencies with
ocean research and education programs; (2) the cost of making
SOSUS data available for such purposes in comparison to the
cost of deploying alternative data-gathering systems; (3)
recommended options for making such data available to civilian
and defense research and education institutions and agencies;
and (4) recommendations on effective ways to foster cooperation
among agencies that would benefit from SOSUS data, including
the potential for cost-sharing among the agencies and
institutions that would participate in the program. In
conducting the assessment, the Council should take into account
the cooperative research and development agreement that was
established between the Navy and the Scientific Environmental
Research Foundation in June 1998, to use deactivated SOSUS
stations to collect data for scientific and educational
purposes. The conferees further request that a report of the
results of the assessment be included in the annual report to
Congress on the National Oceanographic Partnership Program that
is to be submitted by March 1, 1999.
Optical correlation technology for automatic target recognition
The conferees understand that progress in the development
of optical correlation technology for automatic target
recognition holds promise for the application of this
technology to precision munitions, target cueing for
surveillance systems, medical diagnosis, and other
applications. The conferees agree with the direction contained
in the House report (H. Rept. 105-532) that the Under Secretary
of Defense (Acquisition and Technology) report to the
congressional defense committees with the submission of the
fiscal year 2000 budget request, the overall plan and program
of the Department of Defense for the development and
demonstration of optical correlator technology for automatic
target recognition. The conferees urge the Secretary of Defense
to consider using discretionary funds to continue development
of this program through fiscal year 1999.
Patriot anti-cruise missile defense
The conferees reaffirm their support for fully evaluating
the Patriot anti-cruise missile (PACM) concept and direct the
Secretary of the Army to complete a rigorous test and
evaluation program in fiscal year 1999, using funds previously
appropriated for this purpose, to determine the effectiveness
of the PACM seeker against the full range of cruise missile
threats. Results of this evaluation shall be provided to the
congressional defense committees in a report by April 15, 1999.
The report shall also include an assessment of options and
associated costs for utilizing the PACM seeker in future
upgrades to existing Patriot missiles.
Project M
The budget request included $4.9 million in PE 63508N to
continue the development and demonstration of advanced
vibration control and quieting technology for naval machinery
support structures that was developed under the Defense
Advanced Research Project Agency's Project M.
The House bill would authorize the budget request. The
House bill would also direct the Secretary of the Navy to
program funds for fiscal year 2000 to develop a prototype
system for surface ships that uses the Project M technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request to
continue the development and demonstration of the Project M
technology in the Navy's submarine large scale vehicle. The
conferees also request the Secretary of the Navy to assess the
potential benefits that might result from the application of
the Project M technology in surface ships and to report the
results of that assessment to the congressional defense
committees by March 31, 1999.
Software security
The conferees note the potential value of continuing
efforts to improve computer security by developing and testing
prototype software security mechanisms, and the conferees urge
the Secretary of Defense to consider using $500,000 from
discretionary funds for this purpose.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (secs. 201-202)
The House bill contained provisions (secs. 201-202) that
would authorize the recommended fiscal year 1999 funding levels
for all research, development, test, and evaluation accounts.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.
Subtitle B--Program Requirements, Restrictions, and Limitations
Management responsibility for Navy mine countermeasures programs (sec.
211)
The House bill contained a provision (sec. 211) that
would extend until fiscal year 2003 the Office of the Secretary
of Defense's responsibilities for certifying that: (1) the Navy
has submitted an adequate plan for mine countermeasures
programs; (2) the budget and the Future Years Defense Program
support the plan; and (3) the Chairman of the Joint Chiefs of
Staff has determined the Navy's program is sufficient.
The Senate amendment contained no similar provision.
The Senate recedes.
Future aircraft carrier transition technologies (sec. 212)
The budget request included $149.5 million for future
aircraft carrier research and development in PE 63512N and
$40.6 million for CV(X) feasibility studies in PE 63564N. The
request also included $38.5 million for CVN-77 contract design
in PE 64567N.
The House bill contained a provision (sec. 212) that
would authorize the budget request and designate $50.0 million
of the $149.5 million authorization for future carrier
development to be available for CVN-77 research and
development.
The Senate amendment contained a similar provision (sec.
212).
The Senate recedes.
Manufacturing technology program (sec. 213)
The House bill contained a provision (sec. 213) that
would amend section 2525 of title 10, United States Code, to
establish goals for cost sharing in the manufacturing
technology program and procedures for waiver of the cost
sharing requirements. The provision would also require the
Secretary of Defense to include information on the extent of
cost sharing by participants in the manufacturing technology
program in the five-year plan for the manufacturing technology
program.
The Senate amendment contained a similar provision (sec.
216) which would modify cost sharing requirements to allow for
different levels of cost sharing where appropriate, provide for
establishing the level of cost sharing by competitive bidding,
move the authority for wavier of cost sharing requirements to
the service secretaries, and require cost share reporting to
track investments by non-industry program participants.
The conferees agree to a provision that would require the
use of competitive procedures for determination of cost
sharing, delegate the authority to waive cost sharing
requirements to the Under Secretary of Defense for Acquisition
and Technology or to service acquisition executives, provide
for the establishment of annual goals for cost sharing, and
require that the five-year plan for the program include
assessments of the effectiveness of the manufacturing
technology program and of the extent to which costs of projects
are being shared by the participants in the program.
The conferees note the requirement of section 2525(d)(1)
of Title 10, United States Code, that competitive procedures
shall be used for awarding all grants and entering into all
contracts, cooperative agreements, and other transactions under
the manufacturing technology program. The conferees note
further the policy of Congress, as reflected in section 2374 of
Title 10, United States Code, that the Department of Defense,
the military departments, the Coast Guard, and the National
Aeronautics and Space Administration, should not be required by
legislation to award a new grant for research, development,
test, or evaluation to a non-federal entity; and that
anyprogram, project, or technology identified in legislation be awarded
through merit-based selection procedures.
Sense of Congress on the defense science and technology program (sec.
214)
The House bill contained a provision (sec. 214) that
would express the sense of Congress that at least 10 percent of
the funds in the research, development, test and evaluation
accounts of the services should be spent on science and
technology programs. The provision would also express the sense
of Congress concerning certain management objectives and would
require an interagency study on recommendations for maintaining
the technology base supporting the Department of Defense.
The Senate amendment contained a provision (sec. 1076)
that would express the sense of Congress that the Secretary of
Defense have an objective of increasing science and technology
funding by no less than 2 percent over inflation above the
amount requested for the prior fiscal year for each year during
the period of fiscal years 2000 through 2008. The provision
would also express the sense of Congress regarding management
goals for the program.
The Senate recedes with an amendment that would include
the Senate funding objectives and integrate the House and
Senate management goals.
Next generation internet (sec. 215)
The budget request included $40.0 million in PE 62110E
for the next generation internet program.
The House bill contained a provision (sec. 215) that
would authorize $53.0 million for the program and clarify that
the amount specified in section 201(4) would be the amount
authorized for the program, notwithstanding any other provision
of law.
The Senate amendment contained no similar provision and
would authorize the budget request.
The Senate recedes.
Crusader self-propelled artillery system program (sec. 216)
The Senate amendment contained a provision (sec. 211)
that would require the Secretary of the Army to revisit both
requirements and schedule for the established Crusader program
and provide a report to the Congress that addresses:
(1) assessment of the risk associated with the
current Crusader program technology;
(2) total requirement for Crusader associated with
Army After Next force structure revisions;
(3) potential for reducing system weight by as much
as 50 percent;
(4) potential for propellant and munition
alternatives and the impact of maturing this technology
on the overall program schedule; and
(5) cost and benefit analysis of delaying
procurement of Crusader to avoid affordability issues
associated with the current schedule and allow for
maturation of weight and propellant technologies.
The provision would limit the expenditure of funds for
Crusader development to $223.0 million until 30 days after the
date on which the Secretary of the Army submits the results of
this report to the Congress.
The House bill contained no similar provision.
The House recedes with an amendment.
Airborne Laser Program (sec. 217)
The Senate amendment contained a provision (sec. 214)
that would: (1) direct the Secretary of Defense to conduct an
assessment of the technical obstacles and operational
shortcomings expected for the Airborne Laser (ABL) program; (2)
direct the Secretary to submit a report to Congress by March
15, 1999 that outlines his findings and recommendations
regarding the ABL program; (3) recommend a reduction of $97.0
million for the ABL program; and (4) direct that no more than
$150.0 million of the funds remaining available to the ABL
program be obligated until 30 days after the Secretary submits
the report.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
direct the Secretary of Defense to conduct an assessment of the
technical and operational aspects of the ABL program; (2)
direct the Secretary to submit a report to Congress by March
15, 1999 that outlines his findings and recommendations
regarding the ABL program; (3) authorize $235.2 million for the
ABL program, a reduction of $57.0 million to the budget
request; and (4) direct that no more than $185.0 million of the
funds authorized for the ABL program be obligated until 30 days
after the Secretary submits the report.
The conferees understand and support the Department of
Defense's desire to achieve operational boost phase intercept
capability as soon as technically possible. In pursuit of this
goal, the conferees support continuation of the Airborne Laser
program. The conferees note that, although the ABL program has
undergone a significant degree of technical review, questions
having to do with the technical risk in the program continue to
be raised in the Department of Defense and by independent
organizations. Although the conferees have not come to any
final conclusions regarding these questions, they are concerned
that the current ABL development program may not include
sufficient near-term risk reduction in the area of beam
compensation and may be structured to proceed too rapidly with
finalization of an objective design. In particular, the
conferees are concerned that the Air Force plans to enter
engineering and manufacturing development (EMD) without
adequate time to operate,test, and evaluate the program
definition and risk reduction (PDRR) configuration. For example, the
Air Force plans to order its first EMD aircraft a year before the PDRR
aircraft undergoes a full system demonstration against a missile
target.
To meet these concerns, the conferees believe that the
Secretary of Defense must carefully evaluate the technical risk
in the ABL program and determine: (1) whether additional
testing and risk reduction is necessary prior to integration of
the ABL subsystems into a commercial 747-400F aircraft; and (2)
whether the fully integrated PDRR aircraft should be operated
for a period of time and thoroughly tested prior to finalizing
an objective design. In addition, the Secretary must also
evaluate the ABL operational concepts and their relationship to
technical risk and uncertainties in the program.
The conferees direct the Secretary of Defense to
establish an independent review team to assist him in
addressing the issues specified above, and transmit to Congress
the review team's findings with the Secretary's report. While
this review is underway, and while the Air Force undertakes
additional ground testing and data collection, the conferees
believe that the Air Force should temporarily slow the pace of
activities related to integration of the PDRR aircraft.
Therefore, the conferees agree to authorize a reduction of
$57.0 million to the budget request for ABL. If the Secretary
concludes that additional ground testing or other risk
reduction activities beyond those already planned are required
during fiscal year 1999, the conferees agree to authorize the
Secretary to utilize up to $40.0 million from funds authorized
for ABL to conduct those activities.
Enhanced Global Positioning System program (sec. 218)
The Senate amendment contained a provision (sec. 215)
that would: (1) require the Secretary of Defense to develop an
enhanced Global Positioning System (GPS) program as an urgent
national security priority; (2) authorize $44.0 million for
fiscal year 1999 to begin such development; (3) urge the
Secretary of Defense to fund adequately this initiative in the
Future Years Defense Program; (4) urge the Secretary of
Transportation to provide sufficient funding to support
additional civil frequencies and other enhancements for civil
users; (5) extend by five years the existing requirement to
outfit all major Defense Department platforms with GPS
receivers by the year 2000; and (6) require the Secretary to
submit a plan for implementing this provision by April 15,
1999.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees strongly support the modernization of the
Global Positioning System to meet new military requirements and
evolving threats. Such modernization should include those
enhancements necessary to sustain the Global Positioning
System's unique advantage to friendly forces for the long term.
Similarly, the modernization plan should include a suitable
array of methods and techniques to deny these same advantages
to an adversary when necessary. Although U.S. forces presently
may be more dependent than other nations' forces on the Global
Positioning System's highly accurate position, velocity, and
timing information, these same dependencies will naturally
arise among the forces of potential enemies as satellite
navigation technologies are further disseminated and integrated
into force doctrine, training, and techniques, and as GPS-
embedded applications become widely available. While near term
needs may suggest that assured access to GPS signals by the
United States and its allies will have a higher pay-off than
techniques that would deny access to the GPS signal by
adversaries, a longer term view suggests that denial of enemy
exploitation may offer significant, if not overwhelming,
advantage. Furthermore, the conferees recognize that
modernization of GPS satellites will take a long time given
current purchasing approaches and the long life of individual
satellites comprising the operational satellite constellation.
A design change that must be implemented in a full
constellation to be effective will take 12 or more years to
field and will be in place for another 12-13 years. This 25-
year time period necessitates balanced investment in both
protection and prevention enhancements. Although the conferees
appreciate the funding constraints facing the Department of
Defense, they do not believe that such constraints justify
freezing the GPS design for the next quarter century in a way
that does not adequately respond to obvious emerging threats.
Consequently, the conferees direct the Secretary of Defense to
undertake a GPS modernization program that improves access by
friendly forces and denies access by hostile forces. The
conferees direct the Secretary to include in the report
required by this provision specific details of the actions to
protect and deny the GPS signal.
The conferees note that the effort by the Department of
Defense to modernize the GPS system has delayed the new GPS
satellite design. Given this situation, it is premature for the
Department to enter into a multi-year procurement or other
significant block satellite buy. At the same time, however, the
Department requires additional funds for research and
development to define fully the scope of the GPS modernization
effort and to begin development of new satellite sub-systems.
Therefore, the conferees agree to authorize no funds in Air
Force missile procurement for GPS advance procurement, and to
authorize an increase of $44.0 million in PE 64480F for GPS
modernization.
Subtitle C--Ballistic Missile Defense
Sense of Congress on national missile defense coverage (sec. 231)
The House bill contained a provision (sec. 231) that
would express the sense of Congress that any deployed national
missile defense system should defend all fifty states and that
U.S. territories should be protected from ballistic missile
attack.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Limitation on funding for the Medium Extended Air Defense System (sec.
232)
The House bill contained a provision (sec. 232) that
would prohibit the Secretary of Defense from obligating or
expending funds authorized and appropriated for the Medium
Extended Air Defense System (MEADS) until the Secretary
certifies to Congress that funding has been designated for
MEADS in the Future Years Defense Program (FYDP). The provision
would require that if such certification is not received by
January 1, 1999, the funds authorized for MEADS would
thereafter be authorized only for the purpose of research and
development to adapt the Patriot Advanced Capability 3-
Configuration 3 (PAC-3) to meet the Army requirement for a
mobile theater missile defense system.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
funds authorized for MEADS available to support alternative
programmatic and technical approaches to meeting the
requirement for mobile theater missile defense if the Secretary
does not certify to Congress that funding has been designated
for MEADS in the FYDP.
Limitation on funding for cooperative ballistic missile defense
programs (sec. 233)
The House bill contained a provision (sec. 233) that
would prohibit obligation or expenditure of $5.0 million
authorized to be appropriated for the Russian-American
Observation Satellites (RAMOS) program 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 ballistic missile
technology transfer from Russian sources to Iran.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress with respect to ballistic missile defense cooperation
with Russia (sec. 234)
The Senate amendment contained a provision (sec. 231)
that would state that the United States should seek to foster a
climate of cooperation with Russia on matters related to
missile defense, especially in the area of early warning.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees believe that a cooperative approach to
ballistic missile defense could lead to a mutually agreeable
evolution of the ABM Treaty, i.e., either modification or
replacement by a newer understanding or agreement, that would
clear the way for the United States and Russia to deploy
national missile defenses each believes necessary for its
security. If implemented in a cooperative manner, the conferees
do not believe that such steps would undermine the original
intent of the ABM Treaty, which was to maintain strategic
stability and permit significant nuclear arms reductions.
Ballistic missile defense program elements (sec. 235)
The House bill contained a provision (sec. 235) that
would realign program elements for the Ballistic Missile
Defense Organization and require each program element to
include funding for the management and support necessary for
the activities within that program element.
The Senate amendment contained no similar provision.
The Senate recedes.
Restructuring of Theater High Altitude Area Defense System Acquisition
Strategy (sec. 236)
The House bill contained a provision (sec. 236) that
would: (1) require the Secretary of Defense to select an
alternative contractor as a potential source for the
development and production of the Theater High Altitude Area
Defense (THAAD) interceptor missile within a ``leader-
follower'' acquisition strategy; (2) require the Secretary of
Defense to establish a cost sharing arrangement with the THAAD
prime contractor for flight test failures of that missile
beginning with the ninth test flight; (3) require the Secretary
of Defense to proceed as expeditiously as possible with the
milestone approval process for the engineering and
manufacturing development (EMD) phase of the THAAD system for
the battle management and command, control, and communications
(BM/C3) and ground based radar elements of the system; (4)
prohibit the obligation of funds for the THAAD user operational
evaluation system (UOES) until there have been two successful
tests of the THAAD interceptor missile; and (5) prohibit the
Secretary of Defense from approving the commencement of EMD for
the THAAD interceptor missile until there have been three
successful tests of that missile.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
require the Secretary of Defense to take appropriate steps to
implement technical and price competition for the development
and production of the THAAD interceptor missile; (2) authorize
$29.6 million to establish this technical and price
competition; (3) require the Secretary of Defense to establish
a cost sharing arrangement with the THAAD prime contractor for
flight test failures of that missile beginning with the ninth
flight test; (4) allow the Secretary of Defense to proceed with
the milestone approval process for the EMD phase of the THAAD
system for the BM/C3 and ground based radar elements of the
system; (5) require the Secretary of Defense to prepare a plan
that would allow for contingency deployment of THAAD missile
interceptors before U.S. military forces are equipped with the
objective configuration of those missiles; and (6) prohibit the
Secretary of Defense from approving the commencement of EMD for
the THAAD interceptor missile until there have been three
successful tests of that missile.
The conferees are aware that the Department of Defense is
considering establishment of a second source for the THAAD
interceptor missile seeker, the portion of the missile deemed
to contain the highest technical risk. Based on information
received to date, theconferees tentatively support this
proposal, but direct the Secretary of Defense to submit a detailed
report on this concept to the congressional defense committees by
February 15, 1999, including the cost and programmatic implications of
this approach.
Subtitle D--Other Matters
Extension of authority to carry out certain prototype projects (sec.
241)
The Senate amendment contained a provision (sec. 218)
that would extend the authority to carry out certain
prototyping projects as specified under section 845 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160), through September 30, 2001.
The House bill contained no similar provision.
The House recedes.
The conferees continue to believe that the section 845
authority should only be used in the exceptional cases where it
can be clearly demonstrated that a normal contract or grant
will not allow sufficient access to affordable technologies.
The conferees are especially concerned that such authority not
be used to circumvent the appropriate management controls in
the standard acquisition and budgeting process. Any further
consideration of extending this authority beyond September 30,
2001 will be based upon a careful review and a conclusion by
the congressional defense committees that this authority has
been used in a limited and responsible manner. The conferees
direct the Secretary of Defense to provide a report to the
congressional defense committees, no later than March 1, 1999,
on the use of this authority.
North Atlantic Treaty Organization alliance ground surveillance concept
definition (sec. 242)
The Senate amendment contained a provision (sec. 219)
that would make available funds from Army and Air Force
research and development of a North Atlantic Treaty
Organization Alliance Ground Surveillance (NATO AGS) capability
based on the Joint Surveillance/Target Attack Radar System
(JSTARS).
The House bill contained no similar provision.
The House recedes.
NATO common funded civil budget (sec. 243)
The Senate amendment contained a provision (sec. 220)
that would authorize the contribution of the United States to
the common funded Civil Budget of NATO.
The House amendment contained no similar provision, but
would authorize funds included in the budget request for the
U.S. contribution to the common funded Civil Budget of NATO.
The House recedes.
Executive agent for cooperative research program of the Department of
Defense and the Department of Veterans Affairs (sec. 244)
The Senate amendment contained a provision (sec. 222)
that would authorize $10.0 million for the Department of
Defense/Department of Veterans Affairs (DOD/VA) Cooperative
Research Program and clarify the role of the Department of
Defense as executive agent of the program.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
reference to funding. The conferees agree to authorize $10.0
million in PE 63738D for the DOD/VA cooperative research
program.
Review of pharmacological interventions for reversing brain injury
(sec. 245)
The Senate amendment contained a provision (sec. 232)
that would require the Secretary of Defense to review and
report to the Congress on research on pharmacological
interventions for reversing brain injury resulting from
injuries incurred in combat or exposures to chemical weapons.
The House bill contained no similar provision.
The House recedes.
The conferees direct that the Secretary of Defense
include in the report a discussion of the ability to detect and
treat status epilepticus at the scene of the injury, which
could have an impact on reducing mortality and morbidity
resulting from both head trauma and chemical weapon exposure.
Pilot program for revitalizing the laboratories and test and evaluation
centers of the Department of Defense (sec. 246)
The Senate amendment contained a provision (sec. 1067)
that would provide authority for one laboratory and one test
and evaluation center to carry out a pilot program to
demonstrate improved cooperative agreements with universities
and other private entities.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Chemical warfare defense (sec. 247)
The House bill contained a provision (sec. 723) that
would authorize the Secretary of the Air Force to conduct
research on health-related environmental and ecological effects
of exposure to chemical, biological and radiological hazards
and to develop more accurate risk assessment tools. In
addition, the provision would authorize an increase of $1.8
million in the Defense Health Program to conduct this risk
assessment program.
The Senate amendment contained a provision (sec. 1045)
that would direct the Secretary of Defense to review, and
modify as appropriate, Department of Defense chemical warfare
defense policy and doctrine regarding the protection of U.S.
forces against exposure to low levelsof chemical warfare
agents. In addition, the provision would require the Secretary of
Defense to report to the congressional defense committees on any
modification to chemical warfare policy and doctrine as a result of the
review, and establish a plan for a five-year research program to assist
the Secretary in developing policy and doctrine on exposure to low-
level chemical agents.
The conferees agree to a provision that would direct the
Secretary of Defense to review and modify Department of Defense
chemical warfare policy and doctrine to ensure that U.S. forces
are adequately protected against any exposure to chemical
warfare agents, to include exposure to low-levels of chemical
agents and other potentially toxic substances in the
environment that would endanger the health of exposed
personnel. Additional areas to be included in the review are
the exposure of U.S. forces to low-grade nuclear and
electromagnetic radiation, preventive medications, and diesel,
jet, and other hydro-carbon based fuels.
The provision would also require the Secretary of Defense
to develop and carry out a plan to establish a research program
that would assist the Secretary in developing policy and
doctrine, as well as new risk assessment methods and
instruments, with respect to the effects of exposure to
chemical warfare agents and other toxic substances, in order to
ensure that U.S. forces are adequately protected against
exposure to chemical warfare agents and toxic substances. The
provision also requires that a five-year budget plan be
developed.
The Secretary of Defense is required to report to the
congressional defense committees not later than May 1, 1999, on
the review of DOD policies and doctrine on exposure to chemical
warfare agents and toxic substances, and any recommendations to
modify current policy and doctrine as a result of the review,
any recommended legislative provisions, and the plan to
establish the research program.
Landmine alternatives (sec. 248)
The Senate amendment contained a provision (sec. 233)
that would make $17.2 million available from funds authorized
in section 201 of this Act for alternatives to anti-personnel
landmines and anti-personnel submunitions used in mixed anti-
tank mine systems; would require the Secretary of Defense to
contract with scientific organizations to identify existing and
new tactics, technologies and concepts that would provide
comparable combat capabilities to current anti-personnel
landmines and anti-personnel landmines used in mixed systems,
and report to Congress on their recommendations; would require
the Secretary of Defense to submit a report to the
congressional defense committees by April 1, 1999 and April 1,
2000 on the progress achieved in identifying and deploying
tactics, technologies and concepts as alternatives to anti-
personnel landmines; and would define anti-personnel landmines
and mixed munition systems consistent with the definitions
contained in the Convention on the Prohibition on the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines
and their Destruction (otherwise known as the Ottawa Treaty)
for anti-personnel landmine and mixed mine systems.
The House bill contained no similar provision, but would
authorize the budget request for Army and defense-wide
activities related to research and development of alternatives
to anti-personnel landmines.
The conferees agree to a provision that would direct that
not more than $19.2 million be made available from amounts
authorized in section 201 of this Act for research and
development of alternatives to anti-personnel landmines and
anti-personnel landmines used in mixed anti-tank mine systems
that would be equivalent to the combat capabilities of the
current systems. The conferees also direct the Secretary of
Defense to submit, with the fiscal year 2000 budget, an
explanation of any funds requested to support a research and
development program for existing and new technologies and
concepts that could provide an equivalent combat capability to
anti-personnel submunitions used in mixed mine systems or to
mixed mine systems.
Additionally, the conferees direct the Secretary of
Defense to submit a report to the congressional defense
committees describing progress made in identifying existing and
new technologies and concepts as alternatives to anti-personnel
submunitions used in mixed mine systems or to mixed mine
systems. The conferees direct the Secretary to include in the
report the recommendations of two scientific organizations
regarding the identification, adaptation, modification,
research and development of existing and new technologies and
concepts.
Legislative Provisions Not Adopted
Limitation on funding for counterproliferation support
The House bill contained a provision (sec. 234) that
would prohibit the obligation or expenditure of funds requested
in the fiscal year 1999 budget for the counterproliferation
support program in PE 63160BR until receipt of an annual report
required by Section 234 of the National Defense Authorization
Act of 1998 (Public Law 105-340) on the threat posed to the
United States and its allies by weapons of mass destruction and
cruise and ballistic missiles.
The Senate amendment contained no similar provision.
The House recedes.
Unmanned aerial vehicle programs
The budget request included $178.7 million for High
Altitude Endurance, Unmanned Aerial Vehicles (HAE UAVs) in the
Defense-Wide research and development account (PE 35205D8Z).
This included $90.1 million for the Global Hawk program, $40.5
million for the DarkStar program, and $48.1 million for common
ground segment development. Within these totals, the budget
request included $68.6 million to support contractor
participation in test and evaluation of military utility in
joint exercises for the Global Hawk and DarkStar programs
($39.2 million and $29.4 million, respectively). The budget
request also included $4.3 million for Air Force enduranceUAVs
in PE 35205F.
The House bill would authorize an increase of $32.5
million in the procurement title to buy three additional Global
Hawk UAVs. The House bill would also transfer HAE UAV
development funding from Defense-Wide research and development
to PE 35205F.
The Senate amendment would authorize a decrease of $8.5
million. The Senate amendment also contained a provision (sec.
213) that would terminate the DarkStar unmanned aerial vehicle
program, and transfer $32.5 million to the Global Hawk unmanned
aerial vehicle program once phase II testing of the Global Hawk
unmanned aerial vehicle is complete.
The conferees note the recent successful test flights of
the DarkStar UAV. The Senate recedes on the provision to
terminate the DarkStar program.
The conferees are disappointed that these two UAV
programs have not been able to adhere to the original schedule.
The conferees believe that the delays in the Global Hawk and
DarkStar development and test programs will reduce the level of
participation in joint exercises in fiscal year 1999 below that
level assumed in the budget request. The conferees are also
aware that these delays have affected the common ground segment
development effort as well.
In view of the above, the conferees believe that the
budget request for joint exercise participation and common
ground segment development exceeds what can realistically be
accomplished in fiscal year 1999. Thus, the conferees agree to
authorize a decrease of $25.0 million for these two activities
in a manner which will allow equitable testing of both Global
Hawk and DarkStar, the specific application of which shall be
at the discretion of the Secretary of the Air Force.
The conferees have also learned that, because of business
decisions about production facilities unrelated to the Global
Hawk program, the contractor is experiencing substantial
dislocation in its business plan and the construction facility
has been forced to operate in a manner that could adversely
impact any future Global Hawk production. Accordingly, the
conferees agree to authorize an increase of $25.0 million to
mitigate the effects of the business plan dislocation on the
Global Hawk construction facility.
In summary, the conferees authorize $183.0 million for
endurance UAVs in PE 35205F, including a $25.0 million increase
to mitigate adverse impacts to the Global Hawk construction
facility, and a $25.0 million decrease to be applied against
the joint exercise and/or common ground segment development
activities.
In accordance with section 216 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85), the
conferees reiterate that no additional HAE UAV aircraft are to
be procured until the completion of the respective phase II
military user assessments (NMA).
Because the conferees believe that the transition to
procurement could involve significant air vehicle design
changes, the conferees direct the Department of Defense to
conduct any follow-on HAE UAV procurement program in adherence
with its established acquisition procedures. Further, the
conferees direct that no follow-on HAE UAV procurement may
commence until the Secretary of the Air Force provides the
congressional defense and intelligence committees with the
following:
(1) a formal statement of requirements for the HAE
UAVS;
(2) a certification that either or both of these
UAVs satisfy the Air Force's military utility and
suitability requirements; and
(3) completes a formal engineering and
manufacturing development program for the selected UAV
alterative(s).
Persian gulf illnesses
The Senate amendment contained a provision (sec. 221)
that would authorize an increase of $10.0 million in PE 61105D
for research in Persian Gulf illnesses.
The House bill contained no similar provision.
The Senate recedes.
The conferees urge the Secretary of Defense to use
discretionary funds to increase research for Persian Gulf
illnesses in fiscal year 1999.
Low cost launch development program
The Senate amendment contained a provision (sec. 223)
that would increase funds for low cost launch technology
development.
The House bill contained no similar provision.
The Senate recedes. Funding for low cost launch
technology development is addressed elsewhere in this report.
Title III--Operation and Maintenance
Overview
The budget request for fiscal year 1999 contained an
authorization of $94,219.1 million for Operation and
Maintenance in the Department of Defense and $900.0 for Working
Capital Fund Accounts in fiscal year 1999. The House bill would
authorize $92,476.5 million for Operation and Maintenance and
$1,746.1 for Working Capital Fund Accounts. The Senate
amendment would authorize $93,849.8 million for Operation and
Maintenance and $764.1 for Working Capital Fund Accounts. The
conferees recommended an authorization of $92,891.5 million for
Operation and Maintenance and $1,746.1 for Working Capital Fund
Accounts for fiscal year 1999. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
Arms control implementation
The budget request included $275.3 million in the
military services and defense accounts to meet specific arms
control implementation and compliance obligations. The budget
request is formulated on anticipated resource requirements, to
include planning assumptions of anticipated dates of entry into
force of arms control agreements, numbers of inspections or
observations to be performed in the year, data reporting and
information exchange requirements.
The House bill would decrease the budget request for the
On-Site Inspection Agency for the following: $1.5 million for
START II implementation activities; $1.0 million for
implementation of the Open Skies Treaty; and $1.0 million for
activities related to entry into force of the Comprehensive
Test Ban Treaty (CTBT). The House bill would also authorize a
decrease of $25.0 million for research and development
activities related to implementation of the CTBT. Lastly, the
House bill would authorize no funds for reimbursement to the
Organization for the Prohibition of Chemical Weapons (OPCW) for
the costs of inspectors salaries and transportation from the
Hague for inspections conducted pursuant to the Chemical
Weapons Convention.
The Senate amendment would authorize no funds to
reimburse the Organization for the Prohibition of Chemical
Weapons for inspectors salaries and transportation from The
Hague to the U.S. Point of Entry, and for reimbursement of the
cost of arms control inspections in foreign countries when
those costs are the obligation of the inspected country.
The conferees agree to authorize a decrease of $28.0
million for the following arms control implementation
activities: $1.5 million for START II; $1.0 million for Open
Skies activities; $1.0 million for CTBT; $9.0 million for
reimbursement of other than ``usual'' in-country inspection
costs; and, $0.5 million for anticipated reimbursement of
payments for arms control inspection costs borne by the
inspected party to a treaty or agreement. The conferees also
agree to a decrease of $15.0 million for research and
development activities in support of CTBT and U.S. nuclear test
detection requirements.
The conferees agree that of the funds authorized for
research and development activities in support of CTBT
requirements, $20.0 million shall be available for efforts to
develop critical seismic technology to detect, verify, and
evaluate both natural and weapons-related phenomena important
to nuclear test detection.
Navy Environmental Leadership Program
The budget request included $2.4 million for the Navy
Environmental Leadership Program (NELP).
The House bill would authorize an increase of $4.0
million for NELP.
The Senate amendment would authorize no funds for NELP.
The conferees agree to authorize an increase of $2.0
million for NELP.
Defense Threat Reduction Agency (DTRA)
The budget request included $304.7 million for the
Defense Threat Reduction Agency (DTRA).
In November 1997, as part of its Defense Reform
Initiative (DRI), the Department of Defense recommended the
establishment on October 1, 1998 of the Defense Threat
Reduction Agency (DTRA), a single agency that would carry out
programs to counter proliferation and reduce threats posed by
weapons of mass destruction and to provide nuclear weapons
stockpile and related support. The agency would consolidate
several functions from the Office of the Secretary of Defense
(OSD) and the Washington Headquarters Services involved in the
oversight and management of associated programs, including the
On-Site Inspection Agency (OSIA), the Defense Special Weapons
Agency (DSWA), the chemical-biological defense program and the
counterproliferation support program. The budget request also
recommended elimination of the position of the Assistant to the
Secretary of Defense for Nuclear, Chemical and Biological
Matters (ATSD(NCB)).
The House bill would authorize a decrease of $500,000 for
DTRA.
The Senate amendment would authorize a decrease of $20.0
million for DTRA and would recommend that in addition to
transferring the activities of the OSIA and DSWA to the DTRA,
the chemical-biological defense program, counterproliferation
support program, the unitary and nonstockpile chemical and
munitions destruction programs, and programs related to force
protection, such as the physical security program (PE
63228D8Z), and the counter-terror technical support program (PE
63122D8Z), also be transferred to DTRA.
The conferees agree to authorize a decrease of $12.0
million for DTRA. The conferees agree that the
counterproliferation support program and activities related to
force protection, such as the physical security program (PE
63228D8Z) and subelements of the counter-terror technical
support program (PE 63122D8Z) related to weapons of mass
destruction and force and infrastructure protection, be
transferred to DTRA. As noted elsewhere in this report,
oversight and direction of the counter-terror technical support
program remains with the Assistant Secretary of Defense
(Special Operations/Low Intensity Conflict).
The conferees agree that policy and programmatic
oversight for the chem-bio defense program and the chemical
demilitarization program should remain within the Office of the
Secretary of Defense, and that the Department of the Army
should remain the executive agent for these programs, pursuant
to Section 1701 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160) and Section 1412 of the
Department of Defense Authorization Act for Fiscal Year 1986
(Public Law 99-145). However, the conferees do recognize that
there may be activities within both of these programs that
represent unique operational responsibilities of DTRA, and
encourage DTRA to consult closely with both the Office of the
Secretary of Defense and the Department of the Army.
The conferees agree to a separate provision (sec. 1521)
dealing with the Defense Technical Security Administration
(DTSA). A discussion of the conferees recommendation for the
DTSA can be foundelsewhere in this report.
The conferees do not agree to transfer the statutory
responsibility for nuclear weapons, including support of the
Nuclear Weapons Council, to DTRA. Elsewhere in this report the
conferees discuss in greater detail the decision not to abolish
the Assistant to the Secretary of Defense for Nuclear,
Chemical, and Biological Matters.
A part of the proposal to create DTRA is the physical
consolidation of the various functions located in the Dulles
area of Virginia. The On-Site Inspection Agency (OSIA), one of
the DTRA components, is currently located in the Dulles area.
The conferees have been informed by the Department of Defense
(DOD) that sufficient space does not currently exist at OSIA,
or in the Dulles area, to co-locate all of the DTRA elements in
one building or in one complex. As a result, DOD must either
build or lease substantial additional space to accommodate the
new organization. The conferees believe that one of the primary
goals of any consolidation should be to have all the elements
of the DTRA either in one building or complex or at least
within walking distance of each other. Otherwise, the conferees
are concerned the consolidation unnecessarily could result in
substantial disruption of personnel and substantial increases
in time commuting to meetings and other events during the day.
Before any further commitments for office space are made
or additional efforts taken to consolidate the component parts
of DTRA in the Dulles area, the conferees direct the Secretary
of Defense to submit a report no later than May 14, 1999 on the
cost and overall effect of this move on the work of the agency.
This report should address: the availability of public
transportation; plans for transporting employees during the
day; relocations costs; commuting impacts; potential savings;
an assessment of the advantages and disadvantages of co-
locating and co-locating to the Dulles area; issues associated
with force protection; an assessment of the alternatives to co-
locating including not moving; and the impact on retention and
morale of personnel that would move.
Joint Military Intelligence Program
The budget request included $3.8 billion in the Operation
and Maintenance, Defense-Wide account for classified and
intelligence programs, including funds in the Joint Military
Intelligence Program for the National Imagery and Mapping
Agency (NIMA), the Joint Reserve Intelligence Program (JRIP),
and the Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance Integrated
Architecture Plan (CIAP).
The House bill would authorize a net decrease of $9.0
million for NIMA, an increase of $3.0 million for JRIP, and an
increase of $3.0 million for CIAP. The House report (H. Rept.
105-508) accompanying the Intelligence Authorization Act for
Fiscal Year 1999 (H.R. 3694) directed that no funds authorized
or appropriated for NIMA be made available for the joint
mapping tool kit (JMTK) module of the global command and
control system (GCCS) until the Assistant Secretary of Defense
for Command, Control, Communications, and Intelligence
(ASD(C3I)) either certifies that the Defense Information
Systems Agency (DISA) will procure the module commercially, or
reports to the congressional defense and intelligence
committees why such commercial procurement would be
disadvantageous.
The Senate amendment would authorize the budget request
for NIMA, JRIP, and CIAP.
The conferees agree to authorize a decrease of $7.0
million for NIMA sustaining capabilities and an increase of
$7.0 million for product outsourcing. The conferees direct that
the sustaining capabilities reduction be applied equitably
across all NIMA facilities and functions, and that no more than
half of the decrease be applied to personnel. The conferees
also agree to authorize an increase of $3.0 million for JRIP
and an increase of $3.0 million for CIAP.
With regard to the House position on JMTK module
procurement, the conferees agree that NIMA and DISA should be
acquiring commercially available products unless there is very
strong justification to the contrary. Therefore, the conferees
direct the ASD (C3I) to provide the congressional defense and
intelligence committees by January 29, 1999 a report on his
plan for: (1) establishing a process for certifying commercial
products that meet GCCS interface protocols and standards; (2)
providing all documentation needed for vendors to determine
whether their applications software products can achieve such
certification; and (3) ensuring that NIMA and DISA are making
all reasonable efforts to evaluate commercially available GCCS
modules (such as JMKT) that can achieve such certification
before spending Department of Defense funds to develop such
modules.
Domestic emergency response program
The budget request included $246.2 million for key
Department of Defense programs to counter paramilitary and
terrorist threats involving weapons of mass destruction,
including $99.1 million for the domestic emergency response
preparedness program as follows: $49.9 million for the
Department of Defense to prepare and enhance Federal, state and
local response capabilities to terrorist incidents involving
weapons of mass destruction (WMD), and $49.2 million for the
Department of the Army for the Reserve Components'
participation in domestic emergency preparedness and response
to the terrorist use of weapons of mass destruction.
The House bill would authorize a decrease of $28.5
million for the Reserve Components' participation in WMD
domestic preparedness, including $14.6 million for military
personnel, $7.0 million for operation and maintenance, and $6.9
million for the procurement of contamination avoidance
equipment.
The Senate amendment would authorize the budget request
for domestic emergency preparedness for the Department of
Defense and the Department of the Army. In addition, the Senate
would recommend the transfer of the mission, function and
resources for the Defense domestic emergency preparedness
program to the Defense Threat Reduction Agency (DTRA).
The conferees agree to authorize the budget request for
countering paramilitary and terrorist WMD threats and for the
DOD andthe Department of the Army for the WMD domestic
emergency response program. Authorization of Reserve Components'
participation in WMD domestic emergency preparedness and response is
discussed in Title V of this report. Additionally, specific adjustments
to program elements for countering paramilitary and terrorist WMD
threats are discussed elsewhere in the report on the individual
projects which are included in the program.
The conferees are aware that a National Coordinator has
been appointed by the President, pursuant to the direction
contained in the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201), whose responsibilities shall
include operational oversight of the Federal government's
security and counterterrorism efforts, to include domestic
emergency preparedness and response to the terrorist use of
WMD. The conferees have included a provision in Title XIV of
this report that would require the President to increase the
effectiveness of the domestic emergency preparedness program
and to submit a report to Congress by January 31, 1999
outlining the actions taken to increase the effectiveness of
the program. In addition, the conferees direct that the report
submitted by the President on January 31, 1999 include
information on the efforts to meet the challenge of limiting
the damage and manage the consequences of the terrorist use of
WMD, as outlined in Presidential Decision Directive (PDD) 62.
The conferees understand that the intent of PDD 62 is to create
a new and more systematic approach to fighting the threat of
the terrorist use of WMD. The report should outline the role
and obligations of the National Coordinator in overseeing the
relevant policies and programs in the U.S. Government, the
responsibility of the National Coordinator to the Congress,
implementation of recommendations on budgets for counter-
terrorism programs and the coordination and development of
guidelines necessary for crisis management. The conferees
request that the President's report identify requirements for
any additional fiscal year 1999 funds that may be required to
implement actions taken to increase the effectiveness of the
domestic emergency response program.
The conferees endorse the direction contained in the
Senate report (S. Rept. 105-189) requiring the Secretary of
Defense to report to the congressional defense committees on
the use of the DOD stockpile of vaccines, medical supplies and
protective gear in a domestic WMD emergency, and the
availability of vaccines, antiserums and antidotes in other
Federal entities that could also be used. In addition, the
President's report to Congress should discuss the advisability
of establishing regional stockpiles of both emergency
protective gear and vaccines that could be available for
emergency use by Federal, state and local responders in the
event of a terrorist event using WMD.
ITEMS OF SPECIAL INTEREST
Fire support software engineering center
The conferees are concerned about the readiness and
upgrades of Army command and control and fire direction systems
presently maintained by the Fire Support Software Engineering
Center (FSSEC) at Fort Sill, Oklahoma. Delays on systems such
as the Battery Computer System, the Initial Fire Support
Automated System, and the Multiple Launch Rocket System must be
avoided. Therefore, the conferees urge the Army to continue
full operational funding for the FSSEC.
Lead-based paint soil contamination at Department of Defense facilities
A December 20, 1996, Environmental Protection Agency
(EPA) memorandum indicates that the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) may be
applied to compel the cleanup of lead-contaminated soils on
federal facilities. The conferees understand that, to date, EPA
has only applied this interpretation of CERCLA at DOD sites.
The conferees note that section 120(a)(1) and (2) of the
CERCLA provides that federal facilities are to comply with all
guidelines, rules, regulations, and criteria ``. . . in the
same manner, and to the extent as such guidelines, rules,
regulations, and criteria are applicable to other facilities.''
Although the conferees recognize that there may be quantifiable
human health risks that support response actions at certain
sites with lead-based paint contamination, there is concern
about consistency.
The conferees are concerned about the possibility of
disparate enforcement actions related to lead-based paint. The
conferees direct that the Secretary of Defense include in the
fiscal year 1998 annual report on environmental restoration (10
U.S.C. 2706(a)) a description of the sites, human health risks,
costs, and delays, if any, related to the EPA enforcement of
response action requirements for lead-based paint at Department
of Defense sites.
State certification of underground storage tanks
The conferees note that underground storage tanks owned
and operated by the Department of Defense (DOD) are subject to
Federal, state, and local statutory and regulatory guidance.
The Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6991-6991h) sets minimum standards for spill, overfill, and
corrosion protection mechanisms to be included in standards for
upgrading, replacing, and closing new and existing underground
storage tanks. Existing underground storage tanks, those
installed prior to December 22, 1988, must be upgraded to have
spill, overfill, and corrosion protection, otherwise such tanks
may be subject to removal, closure in place, or replacement.
Generally, state environmental regulatory agencies have adopted
the Federal minimum RCRA compliance standards for underground
storage tanks.
A recent audit conducted by the DOD Office of Inspector
General (IG) determined that there were significant variances
between state- and DOD-generated underground storage tank
inventories. The DOD IG determined that such divergent results
occurred because the DOD managers and state environmental
regulators prepared separate underground storage tank
inventories that were not reconciled.Consistent with that
determination, the DOD IG concluded that operations may be disrupted at
some DOD installations after December 22, 1998, if state regulatory
agencies do not obtain accurate data with which to assess DOD
underground storage tank compliance under RCRA, Subtitle I.
The conferees direct the Secretary of Defense to submit a
report, no later than 60 days after the enactment of this Act,
to the congressional defense committees on the number of
underground storage tanks projected to be noncompliant after
December 22, 1998. The report shall identify a plan that would
minimize operational disruptions associated with noncompliant
tanks.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Authorization of Appropriations
Authorization of appropriations (secs. 301-302)
The House bill contained provisions (secs. 301-302) that
would authorize the recommended fiscal year 1999 funding levels
for all operations and maintenance and working capital fund
accounts.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.
Armed Forces Retirement Home (sec. 303)
The House bill contained a provision (sec. 303) that
would authorize $70.7 million from the Armed Forces Retirement
Trust Fund for the operation of the Armed Forces Retirement
Home, including the U.S. Soldiers' and Airmen's Home and the
Naval Home.
The Senate amendment contained an identical provision
(sec. 303).
The conference agreement includes this provision.
Transfer from the National Defense Stockpile Transaction Fund (sec.
304)
The House bill contained a provision (sec. 304) that
would authorize the Secretary of Defense, to the extent
provided in an appropriation act, to transfer $150.0 million
from the National Defense Stockpile Transaction Fund to the
operations and maintenance accounts.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Subtitle B--Program Requirements, Restrictions, and Limitations
Refurbishment of M1-A1 Tanks (sec. 311)
The House bill contained a provision (sec. 305) that
would authorize $31.0 million for the refurbishment of up to 70
M1-A1 tanks under the AIM-XXI program.
The Senate amendment contained no similar provision.
The Senate recedes.
Operation of prepositioned fleet, National Training Center, Fort Irwin,
California (sec. 312)
The House bill contained a provision (sec. 306) that
would authorize $60.2 million for the operation of the
prepositioned fleet of equipment during training operations at
the National Training Center, Fort Irwin, California.
The Senate amendment contained no similar provision.
The Senate recedes.
Berthing space at Norfolk Naval Shipyard, Virginia (sec. 313)
The House bill contained a provision (sec. 307) that
would authorize the Navy to obligate $6.0 million for the
relocation of the U.S.S. Wisconsin from Norfolk Naval Shipyard
to another suitable location to increase available berthing
space at the shipyard.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees are aware of the facility capacity
constraints at Norfolk Naval Shipyard where the Navy currently
maintains some of its inactive reserve vessels. These
constraints require the relocation of the U.S.S. Wisconsin to a
different location in order to make space available for active
vessels in need of repair and maintenance. Because of the
requirement for the Navy to berth this deep draft vessel within
the Norfolk vicinity so that it can be returned to the shipyard
for reactivation, if necessary, the Navy is exploring
alternative berthing sites including some within the Elizabeth
River. The committee is aware that the redeployment of this
vessel to a suitable location in the Norfolk area may require
some additional dredging. Therefore, the conferees recommend an
increase of $6.0 million for the dredging and other costs
associated with the redeployment of the U.S.S. Wisconsin within
the Norfolk region.
NATO common-funded military budget (sec. 314)
The budget request for Army operations and maintenance
included $227.4 million for support of other nations, which
includes support of North Atlantic Treaty Organization (NATO)
operations and NATO expansion.
The Senate amendment contained a provision (sec. 314)
that would authorize the budget request for Army operations and
maintenance for support of other nations.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Environmental Provisions
Settlement of claims of foreign governments for environmental cleanup
of overseas sites formerly used by the Department of Defense
(sec. 321)
The Senate amendment contained a provision (sec. 326)
that would require the President to provide notification to
Congress of any negotiations related to the ex-gratia
settlement of environmental cleanup claims by other countries.
The House bill contained no similar provision.
The House recedes.
Authority to pay negotiated settlement for environmental cleanup of
formerly used defense sites in Canada (sec. 322)
The House bill contained a provision (sec. 321) that
would authorize the Secretary of Defense to pay the Government
of Canada up to $100.0 million in annual payments over a ten
year period.
The Senate amendment contained a provision (sec. 325)
that would allow for the payment of $100.0 million
reimbursement to Canada, subject to annual authorizations and
appropriations process. The Department would be required to
submit to Congress evidence of proportionate Canadian
investment in environmental cleanup in support of each annual
authorization and appropriation request. The provision would
make certain findings regarding the basis for the
reimbursement, state that the authorization shall not be
construed as precedent setting, and that the $100.0 million
would be paid in full satisfaction of any and all environmental
contamination claims by Canada.
The House recedes with an amendment that would authorize
the $10.0 million appropriated in fiscal year 1998
appropriation for the Canadian reimbursement.
Removal of underground storage tanks (sec. 323)
The House bill contained a provision (sec. 322) that
would enable the Department of Defense (DOD) to use not more
than $150,000 of the funds available for environmental
restoration of formerly used defense sites to conduct removal
of underground storage tanks at the Authorities Allied
Industrial Park in Macon, Georgia.
The Senate amendment contained no similar provision.
Senate recedes with an amendment that would give the
Secretary of Defense discretion to fund any tank removal at
formerly used defense sites. The conferees note that such
exercise of discretion would be dependent upon a determination
of DOD liability, consistent with current law. The conferees
direct the Secretary of Defense to determine whether it would
be appropriate to use authorized funds for removal of former
DOD underground storage tanks, and then report to the
congressional defense committees within 90 days of the
enactment of this Act.
Report regarding polychlorinated biphenyls under Department of Defense
control overseas (sec. 324)
The Senate amendment contained a provision (sec. 321)
that would amend Chapter 157 of title 10, United States Code,
by adding a new section to permit Department of Defense
agencies to transport to the United States for disposal,
treatment, or storage of foreign manufactured polychlorinated
biphenyls (PCBs) generated by the Department's overseas
activities. The provision would ensure that the PCB-containing
material transported to the United States is handled in an
environmentally responsible manner.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report to the Congress
that addresses international and domestic issues related to the
transportation and disposition of foreign manufactured PCBs.
Modification of deadline for submittal to Congress of annual reports on
environmental activities (sec. 325)
The Senate amendment contained a provision (sec. 322)
that would amend section 2706 of title 10, United States Code,
by substituting the 45 day annual reporting deadline for the
current 30 day period.
The House bill contained no similar provision.
The House recedes.
The conferees are aware that the Department of Defense
has considered modification of the annual report on
environmental restoration activities. While the Department has
been directed to restructure the annual report on environmental
compliance by including useful and comprehensible information,
the conferees note that the environmental restoration report
does not require such changes. The conferees expect that any
modifications to the annual environmental reports will be fully
coordinated with the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives.
Submarine solid waste control (sec. 326)
The Senate amendment contained a provision (sec. 323)
that would amend the Act to Prevent Pollution from Ships (APPS)
(33 U.S.C. 1901, et seq.) by authorizing certain submersible
vessels owned or operated by the Navy to discharge non-plastic
garbage that has been compacted and weighted to ensure negative
buoyancy within special use areas. The APPS implements the
Annex V of the International Convention for the Prevention of
Pollution on Ships (MARPOL). The Navy has determined that
compliance with the special use area requirements of MARPOL
Annex V would impair submarine operations and operational
capability, or would not be technologically feasible. A
comprehensive Navy environmental analysis revealed that the
discharge of non-plastic garbage from Navy submarines would not
have a significant effect on the marine environment, either
within or beyond the limits of MARPOL Annex V special use
areas.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees direct the Navy to provide adequate support
andjustification for future funding requests related to the
compliance obligations associated with this new authority.
Arctic Military Environmental Cooperation program (sec. 327)
The budget request included $5.5 million in the defense
operations and maintenance to address military environmental
matters in the Arctic region under the Arctic Military
Environmental Cooperation (AMEC) program, to include
environmental restoration activities.
The Senate amendment contained a provision (sec. 327)
that would authorize the AMEC program, subject to the
legislative prohibitions and limitations of the Cooperative
Threat Reduction (CTR) program, to include section 1503 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 105-85). The provision would authorize $4.0 million for
AMEC, a decrease of $1.5 million, and would preclude the
obligation or expenditure of fiscal year 1999 funds until 45
days after the Secretary of Defense submits a plan that
specifies the conformance of AMEC projects to existing
prohibitions and limitations on the use of CTR funds.
The House bill contained no similar provision. The House
report (H. Rept. 105-532) urged the Secretary of Defense to use
up to $1.0 million to support the establishment of a Joint
United States-Russia Nuclear Materials Commission that would
include legislators, agency and ministry leaders, and
environmental experts representing the international
environmental community.
The House recedes with an amendment that would require
congressional notification prior to the obligation of AMEC
funds, similar to the requirement that applies to the use of
CTR funds, and would also prohibit the use of AMEC funds for
environmental restoration. The conferees agree that AMEC should
address important military environmental issues related to U.S.
national security interests in the Arctic. In order to ensure
that AMEC has the requisite focus, the conferees expect the
Secretary of Defense to develop a comprehensive program plan,
consistent with the legislative prohibitions and limitations of
the CTR program. That plan must be in place before funds are
obligated for AMEC. The conferees direct the Secretary of
Defense to include in the plan a specific program termination
date.
The Secretary of Defense recently notified the Congress
of an intent to reobligate prior year CTR funds for AMEC to ``.
. . focus on threats to the environment. . . .'' The conferees
are concerned about the vagueness of this notice, the possible
use of reobligated funds for environmental restoration, and the
potential conflict with existing law. The Congress prohibited
the use of CTR funds for the provision of assistance to promote
environmental restoration (National Defense Authorization Act
for Fiscal Year 1997 (Public Law 105-85)). The new AMEC
authority and existing CTR requirements would prohibit the use
of CTR or AMEC funds for environmental restoration.
Sense of Congress regarding oil spill prevention training for personnel
on board Navy vessels (sec. 328)
The Senate amendment contained a provision (sec. 328)
that would express a sense of the Senate that the Secretary of
the Navy should ensure that personnel on board Navy vessels in
Puget Sound, Washington, receive oil spill prevention training.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle D--Information Technology Issues
Additional information technology responsibilities of chief information
officers (sec. 331)
The House bill contained a provision (sec. 311) that
would assign certain responsibilities to the chief information
officers of the military services and the Department of Defense
to ensure that information system budget requests are
sufficient and that the systems themselves are interoperable.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would ensure
that the Chief Information Officer of the Department of Defense
(DOD) is responsible for examining all information systems
within the Department to ensure that they are interoperable and
are not duplicative of other DOD systems.
Defense-wide electronic mall system for supply purchases (sec. 332)
The House bill contained a provision (sec. 312) that
would require the Defense Logistics Agency to develop a single,
defense wide electronic mall system that would be operational
by June 1, 1999.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Joint Electronic Commerce Program Office (JECPO) of the
Department of Defense to develop a single, defense-wide
electronic mall system, which would provide a single, defense-
wide electronic point of entry and a single view, access, and
ordering capability for all Department of Defense electronic
catalogs. The provision would direct that the Defense Logistics
Agency would be responsible for maintaining the system under
the direction of the JECPO.
Year 2000 Compliance of Department of Defense Information Technology
and National Security Systems
The conferees are concerned with the Department of
Defense's (DOD) and the intelligence community's information
technology and national security systems lack of progress in
achieving year 2000 (Y2K) compliance. While debate continues
over which steps are necessary to prepare the national security
community for 21st century threats, the conferees agree that
insufficient attention has been given to preparing this
community for the Y2K transition.
Despite the fact that Y2K problems have been known for
years, the Department has not met its projected time lines for
renovating allnecessary systems. In particular, many mission
critical systems are still in the renovation phase, with little
assurance from DOD that the required testing and integration efforts
will be completed in sufficient time to avoid system-wide problems. The
Department's reliance upon other public and private sector, including
other nations, information technology systems adds to these concerns.
It is difficult to know how other nations will react if
their own information technology systems are crippled by Y2K
deficiencies and they are left without reliable and complete
information. In an age where weapons of mass destruction with
global reach are controlled through elaborate information
networks, it is of critical importance that steps be taken to
minimize any confusion or misunderstandings before they develop
into crisis situations. The conferees commend the U.S.
Strategic Command for its foresight and efforts in
strengthening communications with other nations on Y2K,
ensuring responsible management of Y2K problems that may arise.
For these reasons the conferees included three provisions
(secs. 333, 334, and 335) to address the Department's and the
intelligence communities Y2K issues. As discussed further in
this title, these provisions cover such issues as Y2K
contingency plans, relations with foreign nations, testing of
systems, and adequate funding.
Priority funding to ensure year 2000 compliance of information
technology and national security systems (sec. 333)
The House bill contained a provision (sec. 314) that
would transfer $1.0 billion from other information technology
and national security programs to assist in the Department's
Y2K compliance efforts. The provision would also require that
75 percent of funds for information technology and national
security programs be used for these Y2K efforts.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit
the expenditure of funds on the development or modernization of
any information technology system unless that system is Y2K
compliant, or is required to be performed by law. The amendment
would further protect funds for mission critical systems from
any unallocated reductions. Finally, the provision would
require the Department to develop contingency plans for these
systems in the event that they are not Y2K compliant, and
provide the Congress with a report on the Department's efforts
to ensure its systems are compliant.
Evaluation of year 2000 compliance as part of training exercises
programs (sec. 334)
The House bill contained a provision (sec. 315) that
would require the Secretary of Defense to provide the
congressional defense committees with a report that would
outline the Department's plans for incorporating Y2K tests as
part of its joint exercises.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that Y2K tests be incorporated in at least 25 exercises, and
that each mission critical system expected to be used in any
major theater war be tested in at least one of these exercises.
Continuity of essential operations at risk of failure because of
information technology and national security systems that are
not year 2000 compliant (sec. 335)
The Senate amendment contained a provision (sec. 1026)
that would require the Secretary of Defense and the Director of
Central Intelligence to provide a joint report outlining their
planned course of action to ensure a continuity of essential
operations in the year 2000.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the findings.
The conferees believe the report should include the
adoption of a comprehensive contingency plan for the entire
national security community, as well as individual contingency
plans for the separate elements of the community, including the
creation of crisis action teams to respond to emergencies
arising from the Y2K problem. Furthermore, the report should
outline any cooperative agreements between the United States
and foreign countries to ensure that the Y2K problems with the
strategic systems of those countries do not pose a threat to
the United States.
Subtitle E--Defense Infrastructure Support Improvement
Clarification of definition of depot-level maintenance and repair (sec.
341)
The House bill contained a provision (sec. 335) that
would clarify section 2460 (a) of title 16, United States Code,
to include the location at which depot level maintenance is
performed.
The Senate amendment contained no similar provision.
The Senate recedes.
Reporting and analysis requirements before change of commercial and
industrial type functions to private sector performance (sec.
342)
The House bill contained a provision (sec. 331) that
would amend and clarify certain requirements and notifications
that the Department of Defense must meet before it could study
a commercial or industrial type function under section 2461 of
title 10, United States Code.
The Senate amendment contained a provision (sec. 346)
that would express the Sense of the Senate that the Secretary
of Defense should take action to initiate public-private
competitions pursuant to Office of Management and Budget
Circular A-76 for functions of the Department of Defense
involving not fewer than 180,000 full time employees over the
next six years. The provision would further waive any study
requirements for functions involving 50 or fewer employees, and
would give the Department increased flexibility to choose the
public orprivate option that provides the best overall value
for the taxpayer by expressly authorizing the use of ``best value''
techniques for public-private competitions for support services.
The Senate recedes with an amendment that would not
include the requirement contained in the original House
provision for the Secretary of Defense to notify the Congress
of his determination regarding the cost effectiveness of
procuring services or supplies through the private sector,
rather than a working capital fund organization, before
entering into such a contract. Any analysis performed to
determine if supplies or services should be procured from the
private sector rather than through a working capital fund
organization, should, to the extent practicable, include the
impact on the rates of the working capital fund organization.
Furthermore, although the provision would allow any employee to
raise an objection on the grounds that the required report and
certifications were not performed, such an objection would have
to be raised within 90 days of the date on which the employee
either knew, or should have known, that the function was being
studied for potential conversion to the private sector. In
addition, the provision would waive the reporting requirement
of section 2461 of title 10, United States Code, for functions
with 51 or more employees, rather than 21 or more employees as
provided in current law.
Notification of determinations of military items as being commercial
items for purposes of the exception to requirements regarding
core logistics capabilities (sec. 343)
The House bill contained a provision (sec. 336) that
would define a commercial item for those situations in which
the Department is determining if there is a requirement to
establish a core depot maintenance capability. This definition
would require that before an item can be considered a
commercial item, and therefore not require a core depot
maintenance capability, at least 90 percent of the total
content by component value remains identical to the commercial
version. It would further require that purchases and leases to
the general public, rather than the government, constitute the
majority of transactions of the item before it could be
considered commercial.
The Senate had no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense submit to the Congress a report that
outlines any determination regarding core depot maintenance
capability and a detailed justification for each item
determined for the first time to be a commercial item for the
purposes of section 2464 of title 10, United States Code.
Oversight of development and implementation of automated identification
technology (sec. 344)
The House bill contained a provision (sec. 333) that
would require the Smart Card Technology Office within the
Defense Human Resources Field Activity of the Department of
Defense (DOD) to be responsible for the oversight and
coordination of Automated Identification Technology programs
within the DOD.
The Senate amendment contained a provision (sec. 345)
that would require the Navy to allocate up to $25.0 million for
Smart Cards. The Senate amendment also required the Navy to
equip at least one carrier battle group, one air wing, and one
amphibious readiness group, in each of the Atlantic and Pacific
Fleets with Smart Card technology by March 31, 1999, and
prohibited the procurement of the Joint Uniformed Services
Identification card for the Department of the Navy after March
31, 1999 unless these units were equipped with Smart Cards. The
Senate amendment also required the Secretary of the Navy to
submit a plan to equip all operational naval units with Smart
Cards.
The Senate recedes with an amendment that would establish
an Automated Identification Technology Office within the
Department of Defense with the responsibility for the
development and coordination of DOD automated information
technology programs including but not limited to Smart Cards.
The conferees further agree to delay the date for equipping the
Atlantic and Pacific naval units with Smart Cards to June 30,
1999 and to require the Secretary of Defense to submit a plan
to the congressional defense committees for the use of Smart
Card technology by each military department rather than
requiring a plan only for the Navy.
Contractor-operated civil engineering supply stores program (sec. 345)
The House bill contained a provision (sec. 338) that
would prohibit the incorporation of a civil engineering supply
function into a broader base operations function for the
purpose of competition or contracting until the Secretary of
Defense submits a report to the Congress identifying the
reasons for the incorporation, including why the combined
competition or contract is the best method by which to achieve
savings.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Conditions on expansion of functions performed under prime vendor
contracts for depot-level maintenance and repair (sec. 346)
The House bill contained a provision (sec. 334) that
would require the Secretary of Defense or the secretary of a
military department to provide a report to the Congress each
time the secretary intends to enter into a prime vendor
contract for a hardware system, including one involving depot-
level maintenance or logistics management functions. The report
would address the competitive procedures that are proposed to
be used to award the prime vendor contract, the effect of the
contract on the working capital funds, and the costs and
benefits associated with the contract which demonstrate that it
will result in savings to the Federal Government over the life
of the contract. The provision would prohibit the secretary
concerned from entering into such a contract until 60 days
after submission of the report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make
theprovision applicable to any prime vendor contract that the
Department of Defense proposes to enter into that involves the depot-
level maintenance of a piece of military equipment or major weapon
systems. The Department would have to wait 30 days after submitting to
the Congress a report that outlines the competitive procedures to be
used as well as an examination of the costs (including costs derived as
a result of changes to the working capital fund organizations) and
benefits that will result from the contract, before entering into the
contract.
Best commercial inventory practices for management of secondary supply
items (sec. 347)
The Senate amendment contained a provision (sec. 344)
that would direct the secretary of each military department to
develop and submit to the Congress a schedule for the
implementation of the best inventory management practices found
in the commercial sector that are consistent with military
requirements. The provision would also require the Comptroller
General of the Department of Defense to review the extent to
which the service secretaries comply with this requirement, and
the extent to which best commercial inventory practices are
being implemented by the Defense Logistics Agency.
The House bill contained a similar provision.
The House recedes with a technical amendment.
Personnel reductions in Army Materiel Command (sec. 348)
The House bill contained a provision (sec. 339) that
would require the Comptroller General of the United States to
provide to the congressional defense committees a report
outlining the readiness impact of proposed personnel reductions
within the Army Materiel Command and would delay the
implementation of these reductions until the report is
provided, or March 31, 1999.
The Senate amendment contained a similar provision but
did not delay the implementation of these reductions.
The House recedes.
Inventory management of in-transit items (sec. 349)
The Senate amendment contained a provision (sec. 349)
that would require the Secretary of Defense to submit a plan to
the Congress on those actions the Secretary is taking to ensure
effective management and oversight of in-transit secondary
inventory.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a plan to the Congress that
would address the actions the Department is taking to improve
the management and oversight of both secondary inventory, as
well as major end-items.
Review of Defense Automated Printing Service functions (sec. 350)
The Senate amendment contained a provision (sec. 1085)
that would require the Secretary of Defense to select an entity
outside of the Department of Defense to review the functions of
the Defense Automated Printing Service (DAPS).
The House bill contained no similar provision.
The House recedes with an amendment that would require an
experienced private sector entity be consulted during the
review of DAPS functions.
Development of plan for establishment of core logistic capabilities for
maintenance and repair of C-17 aircraft (sec. 351)
The House bill contained a provision (sec. 337) that
included findings regarding the need to perform depot-level
maintenance of the C-17 aircraft in government depots, and
would require the Secretary of the Air Force to submit to the
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.
The provision would further prohibit the extension of 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 is submitted to Congress.
The Senate amendment had no similar provision.
The Senate recedes with an amendment that would delete
the findings.
The conferees note that in January of 1999, the C-17 will
complete its fourth year of its operational capability. At that
point, the Department of the Air Force must have the capability
to maintain the non-commercial portions of this system in a
public depot, should the need arise.
Subtitle F--Commissaries and Nonappropriated Fund Instrumentalities
Continuation of management and funding of Defense Commissary Agency
through the Office of the Secretary of Defense (sec. 361)
The House bill contained a provision (sec. 341) that
would require that the Defense Commissary Agency (DECA)
continue to be managed and funded through the Office of the
Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a Board of Directors to
oversee the operations of DECA.
Expansion of current eligibility of reserves for commissary benefits
(sec. 362)
The House bill contained a provision (sec. 342) that
would increase the number of days that certain ready reserve
members and reserve retirees under the age of 60 are eligible
to use commissary stores from 12 days each calendar year to 24
days each calendar year,and would extend commissary eligibility
to members of the national guard who are activated during federally-
declared disasters.
The Senate amendment contained no similar provision.
The Senate recedes.
Costs payable to the Department of Defense and other federal agencies
for services provided to the Defense Commissary Agency (sec.
363)
The Senate amendment contained a provision (sec. 1049)
that would prohibit the Defense Commissary Agency from paying
any costs for services provided by a Department of Defense or
other federal agency that exceeds the price at which the
service could be procured in full and open competition.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the prohibition only applies to overseas transportation
services.
Collection of dishonored checks presented at commissary stores (sec.
364)
The Senate amendment contained a provision (sec. 1050)
that would permit the Secretary of Defense to impose a charge
for the collection of dishonored checks presented at a
commissary store in a manner consistent with the practices of
commercial grocery stores.
The House bill contained no similar provision.
The House recedes.
Restrictions on patron access to, and purchases in, overseas
commissaries and exchange stores (sec. 365)
The House bill contained a provision (sec. 344) that
would authorize the Secretary of Defense to continue to
restrict the sale of certain items in overseas exchanges and
commissaries, but would require that the Secretary ensure that
such restrictions are consistent with the primary purpose of
providing U.S. made goods to authorized patrons.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Repeal of requirement for Air Force to sell tobacco products to
enlisted personnel (sec. 366)
The House bill contained a provision (sec. 343) that
would repeal section 9623 of title 10, United States Code. This
section requires the Air Force to sell not more than 16 ounces
of tobacco a month to any enlisted member who requests it.
The Senate amendment contained no similar provision.
The Senate recedes.
Prohibition on consolidation or other organizational changes of
Department of Defense retail system (sec. 367)
The House bill contained a provision (sec. 346) that
would prohibit the Department of Defense from consolidating
military exchange and commissary operations, and from
conducting further study of consolidation, unless specifically
authorized by law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the prohibition against conducting further studies.
The conferees note that the Department of Defense
recently contracted for a due diligence study regarding
exchange integration. The conferees intend for that study to
continue, but expect that implementation of any study
recommendations would await congressional approval. The
conferees do not intend that the prohibition against
consolidation or merger of retail systems be an impediment to
implementing agreements and operations among the exchange
systems that are determined to be mutually beneficial and
increase efficiency of the exchange systems.
Defense Commissary Agency telecommunications (sec. 368)
The Senate amendment contained a provision (sec. 1051)
that would require the Secretary of Defense to provide the
Defense Commissary Agency (DECA) authority to obtain
telecommunications and related services under the Federal
Telecommunications System (FTS) 2000/2001 contract, and to
report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
when DECA telecommunications have been initiated under the FTS
2000/2001 contract.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Survey of commissary store patrons regarding satisfaction with
commissary store merchandise (sec. 369)
The House bill contained a provision (sec. 348) that
would require the Secretary of Defense to survey eligible
commissary store patrons to determine their interest in
commissary stores selling beer and wine. The provision would
also authorize the Secretary to conduct a demonstration project
at seven military installations in the United States, after
consideration of the survey results.
The Senate amendment contained a provision (sec. 351)
that would prohibit the Secretary of Defense from conducting a
survey of eligible commissary store patrons to determine their
interest in commissary stores selling beer and wine and from
conducting a demonstration project in which beer and wine would
be sold in commissaries.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct survey of eligible patrons
of the commissary system to determine patron satisfaction with
commissary store products.
Subtitle G--Other Matters
Eligibility requirements for attendance at Department of Defense
domestic dependent elementary and secondary schools (sec. 371)
The House bill contained a provision (sec. 361) that
would permit dependents residing in a territory, commonwealth,
or possession of the United States to participate in an
educational program when the parent is a service member
assigned to a remote or unaccompanied location. The provision
would also clarify the authority of the Secretary of Defense to
make exceptions for enrollment in dependent schools for
dependents of civilian employees in Puerto Rico and Guam, where
such employees reside off the installation, and would provide
that the Department be reimbursed for the cost of such
education.
The Senate amendment contained a similar provision (sec.
1055).
The Senate recedes with an amendment that would preserve
the portion of the Senate provision with regard to permitting
dependents of United States Customs Service agents in Puerto
Rico to attend Department of Defense schools during the term of
the agent's assignment in Puerto Rico.
Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense civilian
employees (sec. 372)
The House bill contained a provision (sec. 364) that
would authorize $35.0 million for educational assistance to
local education agencies where the standard for the minimum
level of education within the state could not be maintained
because of the large number of military-connected students or
the effects of base realignments and closures.
The Senate amendment contained no similar provision.
The Senate recedes.
Department of Defense readiness reporting system (sec. 373)
The House bill contained a provision (sec. 367) that
would require the Secretary of Defense to establish a
comprehensive reporting system to measure the capability of the
armed forces to carry out their responsibilities under the
National Security Strategy, defense planning guidance, and the
National Military Strategy. The information collected by this
system would be presented each month to the Chairman of the
Joint Chiefs of Staff, and to the congressional defense
committees. This would replace the quarterly readiness reports
that are currently provided by the Department of Defense to the
Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delay the
implementation date of this provision, clarify that the
Secretary of Defense is not required to submit the complete
documentation of each joint monthly readiness review to the
Congress, and make other technical changes.
The conferees recognize that stable requirements for
measuring and reporting readiness are essential in order for
the Department of Defense to develop an effective readiness
reporting system that is capable of making valid comparisons
over time.
The conferees urge the Secretary to retain in the new
reports required by this section those elements of the expanded
Quarterly Readiness Report to the Congress that are believed to
be effective in informing the Congress on the readiness of our
armed forces.
Specific emphasis of program to investigate fraud, waste, and abuse
within Department of Defense (sec. 374)
The House bill contained a provision (sec. 362) that
would expand the formal waste, fraud, and abuse program within
the Department of Defense to include any overpayment to a
vendor.
The Senate amendment contained no similar provision.
The Senate recedes.
Condition for providing financial assistance for support of additional
duties assigned to the Army National Guard (sec. 375)
The Senate amendment contained a provision (sec. 347)
that would require the Secretary of the Army to conduct a
competition with the private sector prior to expanding the
amount of support which the Army National Guard performs
pursuant to section 113(b) of title 32, United States Code, if
that support is not yet performed by the Guard, or that support
is not currently under official consideration by the Secretary
of the Army for award to the National Guard.
The House bill contained no similar provision.
The House recedes with an amendment that would also allow
qualified public sector sources, including depots, to
participate in any competition for activities that the National
Guard is seeking to perform under section 113(b).
Demonstration program to improve quality of personal property shipments
of members (sec. 376)
The House bill contained a series of provisions (secs.
381-387) that would require the Department of Defense to
replace its existing pilot program to re-engineer the movement
of household goods with a program known as the Commercial-Like
Activities for Superior Quality Demonstration (CLASS) Program,
that would make certain modifications to the existing
regulations governing the movement of these goods.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to implement and complete within one
year the current pilot program designed in consultation with
industry representatives. The Secretary would also be required
to submit to the Congress a report, not later than August 31,
1999, outlining the extent to which the current program meets
its goals and to report the extent to which the industry
alternative program would meet these goals.
Pilot program for acceptance and use of landing fees charged for use of
domestic military airfields by civil aircraft (sec. 377)
The Senate amendment contained a provision (sec. 313)
that would authorize the secretary of the military department
to accept payments for the use of domestic military and shared
use airfields by civil aircraft and to use those payments for
the operation and maintenance of the airfield.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the Secretary of the Department of Defense establish
uniform procedures for the collection and obligation of any
receipts generated as a result of such fees.
Strategic plan for expansion of distance learning initiatives (sec.
378)
The House bill contained a provision (sec. 365) that
would require the Secretary of Defense to develop a plan to
establish a framework for developing and applying distance
learning technologies to training courses where it makes sense
and is cost effective.
The Senate amendment contained a provision (sec. 1029)
that would require the Secretary of Defense to develop and
provide to the Congress a five-year plan for guiding and
expanding distance learning initiatives in the Department of
Defense.
The House recedes.
Public availability of operating agreements between military
installations and financial institutions (sec. 379)
The House bill contained a provision (sec. 366) that
would subject operating agreements that provide financial
services, including electronic banking, on military
installations in the United States, to the same requirements of
the Freedom of Information Act (FOIA) as all other federal
contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
Legislative Provisions Not Adopted
Funding for information technology and national security programs
The House bill contained a provision (sec. 313) that
would require the expenditure of certain funds for information
technology programs of the military services.
The Senate amendment contained no similar provision.
The House recedes.
Requirement to maintain government owned and operated core logistics
capability
The House bill contained a provision (sec. 332) that
would amend section 2464 of title 10, United States Code, by
requiring that core depot maintenance workloads be performed by
public depots acting as prime contractors rather than
subcontractors.
The Senate amendment contained no similar provision.
The House recedes.
Extension of demonstration project for uniform funding of morale,
welfare, and recreation activities
The House bill contained a provision (sec. 345) that
would extend for one year the authority of the Secretary of
Defense to conduct a demonstration project for the uniform
funding of morale, welfare, and recreation activities at
certain military installations.
The Senate amendment contained no similar provision.
The House recedes.
Authorized use of appropriated funds for relocation of Navy Exchange
Service Command
The House bill contained a provision (sec. 347) that
would provide that the Navy Exchange Service Command (NEXCOM)
shall not be required to reimburse the United States for
appropriated funds allotted to NEXCOM during fiscal years 1994,
1995, and 1996 for costs incurred in connection with the
relocation of NEXCOM headquarters to Virginia Beach, Virginia,
and for the lease of headquarters space.
The Senate amendment contained no similar provision.
The House recedes.
Fees for providing historical information to the public
The Senate amendment contained a provision (sec. 1056)
that would allow the historical institutes of the military
services to provide historical information to members of the
public for a fee that is equivalent to the cost of researching
and transmitting the information.
The House bill contained no similar provision.
The Senate recedes.
Title IV--Military Personnel Authorizations
Legislative Provisions Adopted
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that
would authorize the following end strengths for active duty
personnel of the armed forces as of September 30, 1999:
------------------------------------------------------------------------
Fiscal year--
-------------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
Army........................ 495,000 480,000 484,800
Navy........................ 390,802 372,696 376,423
Marine Corps................ 174,000 172,200 173,922
Air Force................... 371,577 370,882 371,577
-------------------------------------------
Total................. 1,431,379 1,395,778 1,406,722
------------------------------------------------------------------------
The Senate amendment contained a provision (sec. 401)
that would authorize active duty end strengths for fiscal year
1999, as shown below:
------------------------------------------------------------------------
Fiscal year--
-------------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
Army........................ 495,000 480,000 480,000
Navy........................ 390,802 372,696 372,696
Marine Corps................ 174,000 172,200 172,200
Air Force................... 371,577 370,882 370,882
-------------------------------------------
Total................. 1,431,379 1,395,778 1,395,778
------------------------------------------------------------------------
The House recedes.
Revision in permanent end strength levels (sec. 402)
The House bill contained a provision (sec. 402) that
would amend section 691 of title 10, United States Code, by
establishing new end strength floors for the active forces at
the levels recommended in section 401. This section would also
permit active end strengths to vary up to one percent below the
established floor.
The Senate amendment contained a provision (sec. 404)
that would repeal section 691 of title 10, United States Code,
which established end strength floors for the military
services.
The Senate recedes with an amendment that would establish
end strength floors at the levels in the budget request and
would permit active end strengths to vary up to 0.5 percent
flexibility below the established floor.
Date for submission of annual manpower requirements report (sec. 403)
The House bill contained a provision (sec. 403) that
would establish a new suspense date for the submission of an
Annual Manpower Requirements Report, requiring it to be
transmitted to the Congress not later than 30 days after the
budget for the next fiscal year is submitted to Congress.
The Senate amendment contained a provision (sec. 521)
that would change the date the Secretary of Defense must submit
the Annual Manpower Requirements Report from February 15 of
each year to a date not later than 45 days after the President
submits the budget to the Congress.
The House recedes with a clarifying amendment.
Additional exemption from percentage limitation on number of lieutenant
generals and vice admirals (sec. 404)
The Senate amendment contained a provision (sec. 402(a))
that would increase from six to seven the number of lieutenant
generals and vice admirals serving on the Joint Staff who are
exempt from the limit of lieutenant generals and vice admirals
on active duty.
The House bill contained no similar amendment.
The House recedes.
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 (sec.
405)
The House bill contained a provision (sec. 404) that
would extend to October 1, 2001, from October 1, 1998, the
authority for the Chairman of the Joint Chiefs of Staff to
exclude up to 12 general and flag officer positions from
existing grade limitations.
The Senate amendment contained a provision (sec. 402(b))
that would extend until October 1, 2002, the temporary
authority to exclude up to 12 joint duty officers from the
limitation on authorized general and flag officer strength.
The House recedes.
Exception for Chief, National Guard Bureau, from limitation on number
of officers above major general (sec. 406)
The conference report includes a provision that would
exempt the position of Chief of the National Guard Bureau from
the limitation on the number of officers above major general
serving on active duty in that officer's armed force.
Limitation on daily average of personnel on active duty in grades E-8
and E-9 (sec. 407)
The Senate amendment contained a provision (sec. 403)
that would change the method for computing the time limitation
on active duty enlisted personnel serving in the grades of E-8
and E-9 to a fiscal year basis from a calendar year basis. The
recommended provision would also correct a technical error in
the existing statute.
The House bill contained no similar provision.
The House recedes with an amendment that would make the
provision effective October 1, 1999.
Subtitle B--Reserve Forces
End strengths for selected reserve (sec. 411)
The House bill contained a provision (sec. 411) that
would authorize the following end strengths for the selected
reserve personnel, including the end strength for reserves on
active duty in support of the reserves, as of September 30,
1999:
------------------------------------------------------------------------
Fiscal year--
-------------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of
the United States.......... 361,516 357,000 357,000
The Army Reserve............ 208,000 208,000 209,000
The Naval Reserve........... 94,294 90,843 90,843
The Marine Corps Reserve.... 42,000 40,018 40,018
The Air National Guard of
the United States.......... 108,002 106,991 106,991
The Air Force Reserve....... 73,447 74,242 74,242
The Coast Guard Reserve..... 8,000 8,000 8,000
-------------------------------------------
Total................. 895,259 885,094 886,094
------------------------------------------------------------------------
The increases in selected reserve end strength shown
above include the additions to the end strength for reserves on
active duty in support of the reserves described in section 412
of the House bill.
The Senate amendment contained a provision (sec. 411)
that would authorize Selected Reserve end strengths for fiscal
year 1999 as shown below:
------------------------------------------------------------------------
Fiscal year--
-------------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of
the United States.......... 361,516 357,000 357,000
The Army Reserve............ 208,000 208,000 208,000
The Naval Reserve........... 94,294 90,843 90,843
The Marine Corps Reserve.... 42,000 40,018 40,018
The Air National Guard of
the United States.......... 108,002 106,991 106,991
The Air Force Reserve....... 73,447 74,242 74,242
The Coast Guard Reserve..... 8,000 8,000 8,000
-------------------------------------------
Total................. 895,259 885,094 885,094
------------------------------------------------------------------------
The House recedes with an amendment that would authorize
the following end strengths for the selected reserve personnel,
including the end strength for reserves on active duty in
support of the reserves, as of September 30, 1999:
------------------------------------------------------------------------
Fiscal year--
-----------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................ 361,516 357,000 357,223
The Army Reserve.............. 208,000 208,000 208,003
The Naval Reserve............. 94,294 90,843 90,843
The Marine Corps Reserve...... 42,000 40,018 40,018
The Air National Guard of the
United States................ 108,002 106,991 106,992
The Air Force Reserve......... 73,447 74,242 74,243
The Coast Guard Reserve....... 8,000 8,000 8,000
-----------------------------------------
Total................... 895,259 885,094 885,322
------------------------------------------------------------------------
The amendment would increase the end strengths for
Selected Reserve personnel to include the authorization to use
reserves for emergencies involving weapons of mass destruction.
End strengths for reserves on active duty in support of the reserves
(sec. 412)
The House bill contained a provision (sec. 412) that
would authorize the following end strengths for reserves on
active duty in support of the reserves, as of September 30,
1999:
------------------------------------------------------------------------
Fiscal year--
-----------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................ 22,310 21,763 21,763
The Army Reserve.............. 11,500 11,804 12,804
The Naval Reserve............. 16,136 15,590 15,590
The Marine Corps Reserve...... 2,559 2,362 2,362
The Air National Guard of the
United States................ 10,616 10,930 10,930
The Air Force Reserve......... 748 991 991
-----------------------------------------
Total................... 62,869 63,440 64,440
------------------------------------------------------------------------
The provision would increase by 1,000 the number of
Active Guard and Reserve authorizations for the United States
Army Reserve above the budget request.
The Senate amendment contained a provision (sec. 412)
that would authorize full-time support end strengths for fiscal
year 1999, as shown below:
------------------------------------------------------------------------
Fiscal year--
-----------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................ 22,310 21,763 21,763
The Army Reserve.............. 11,500 11,804 11,804
The Naval Reserve............. 16,136 15,590 15,590
The Marine Corps Reserve...... 2,559 2,362 2,362
The Air National Guard of the
United States................ 10,671 10,930 10,930
The Air Force Reserve......... 867 991 991
------------------------------------------------------------------------
The Senate recedes with an amendment that would authorize
the following end strengths for reserves on active duty in
support of the reserves, as of September 30, 1999:
------------------------------------------------------------------------
Fiscal year--
-----------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................ 22,310 21,763 21,986
The Army Reserve.............. 11,500 11,804 12,807
The Naval Reserve............. 16,136 15,590 15,590
The Marine Corps Reserve...... 2,559 2,362 2,362
The Air National Guard of the
United States................ 10,616 10,930 10,931
The Air Force Reserve......... 748 991 992
-----------------------------------------
Total................... 62,869 63,440 64,668
------------------------------------------------------------------------
The amendment would increase the end strengths for
reserves on active duty in support of the reserves to include
the authorization to use the reserves for emergencies involving
weapons of mass destruction.
End strengths for military technicians (dual status) (sec. 413)
The House bill contained a provision (sec. 413) that
would authorize the following end strengths for military
technicians (dual status) as of September 30, 1999:
------------------------------------------------------------------------
Fiscal year--
-----------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................ 23,125 22,179 23,125
The Army Reserve.............. 5,503 5,205 5,395
The Air National Guard of the
United States................ 22,853 22,408 22,408
The Air Force Reserve......... 9,802 9,761 9,761
-----------------------------------------
Total................... 61,007 59,553 60,689
------------------------------------------------------------------------
The Senate amendment contained a provision (sec. 413)
that would authorize military technician end strengths for
fiscal year 1999, as shown below:
------------------------------------------------------------------------
Fiscal year--
-----------------------------------------
1998 1999 1999
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................ 23,125 22,179 22,179
The Army Reserve.............. 5,503 5,205 5,205
The Air National Guard of the
United States................ 22,853 22,408 22,408
The Air Force Reserve......... 9,802 9,761 9,761
------------------------------------------------------------------------
The Senate recedes.
Increase in number of members in certain grades authorized to serve on
active duty in support of the reserves (sec. 414)
The House bill contained a provision (sec. 414) that
would authorize increases in the grades of reserve members
authorized to serve on active duty or on full-time national
guard duty for the administration of the reserves or the
national guard. The provision would authorize 133 additional
majors, 22 additional enlisted personnel in the grade of E-9,
and 89 additional enlisted personnel in the grade of E-8 in the
Air Force. The provision would also authorize 26 additional
colonels and 20 additional enlisted personnel in the grade of
E-9 in the Army.
The Senate amendment contained a provision (sec. 415)
that would increase the number of officers and senior enlisted
personnel on active duty in certain grades in the reserve
components of the Army and the Air Force in support of the
reserves. The recommended provision would increase the
authorized number of Army reserve component colonels from 412
to 438 and enlisted members in the grade of E-9 from 603 to
623. The provision would increase the authorized number of Air
Force reserve component majors from 643 to 791; lieutenant
colonels from 672 to 713; colonels from 274 to 297; enlisted
members in the grade of E-8 from 890 to 997; and enlisted
members in the grade of E-9 from 366 to 395.
The House recedes with a clarifying amendment.
Consolidation of strength authorizations for active status Naval
Reserve flag officers of the Navy Medical Department staff
corps (sec. 415)
The Senate amendment contained a provision (sec. 416)
that would consolidate flag officer authorizations for the Navy
Reserve Medical Department Staff Corps, identify the components
of the Medical Department Staff Corps, and allocate one rear
admiral (lower half) authorization to each component of the
Medical Department Staff Corps.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Authorization of Appropriations
Authorization of appropriations for military personnel (sec. 421)
The House bill contained a provision (sec. 421) that
would authorize $70.7 billion to be appropriated for military
personnel accounts in fiscal year 1999.
The Senate amendment contained similar provisions (sec.
421) that would authorize $70.4 billion to be appropriated for
military personnel for fiscal year 1999.
The House recedes with an amendment that would authorize
$70.6 billion for military personnel for fiscal year 1999.
The conferees provide the following itemization of the
increases and decreases from the President's budget request
related to military personnel accounts and personnel-related
Operation and Maintenance accounts.
Fiscal Year 1999 Military Personnel Budget Items
[In millions of dollars]
Increases:
3.6 percent basic pay increase................................ 186.0
Active Army End Strength...................................... 25.0
USNR Contributory Support to CINCs (ADT)...................... 5.0
USNR Active Duty Special Work................................. 5.0
USMCR Increased Use........................................... 3.4
Increase USAR AGRs............................................ 15.0
Army National Guard Schools & Special Training................ 20.0
Army Enlistment Bonus......................................... 10.0
Navy Enlistment Bonus......................................... 9.4
Navy College Fund............................................. 13.9
USMC Enlistment Bonus......................................... 3.0
USMC College Fund............................................. 5.9
Total adds.................................................. 301.6
Reductions:
Obligations for Advanced Pay.................................. 301.0
Army...................................................... 161.0
Navy...................................................... 69.0
Air Force................................................. 53.0
USMC...................................................... 18.0
FY 99 End Strength Underexecution......................... 151.8
Army...................................................... 3.0
Navy...................................................... 11.8
USMC...................................................... 9.3
USAF...................................................... 83.3
Army Guard................................................ 28.0
Army Reserve.............................................. 5.4
Navy Reserve.............................................. 5.0
Marine Corps Reserve...................................... N/A
Air Guard................................................. N/A
Air Force Reserve......................................... 6.0
Foreign Currency Fluctuation.................................. 29.6
Army...................................................... 5.3
Navy...................................................... 12.0
USMC...................................................... 4.2
Air Force................................................. 8.1
Unemployment Compensation:
Air Force..................................................... 4.0
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________________________________________________
Total Reductions............................................ 486.4
The conferees are concerned about the increasing
challenges to all services in attracting quality personnel. The
conferees are especially concerned about the Navy's projected
inability to realize their established recruiting goals during
fiscal year 1998. In addition, the conferees are concerned that
Navy recruiting may be underfunded for fiscal year 1999. The
conferees have increased the recruiting accounts to assist
services' recruiting efforts. The conferees urge the Navy to
commit additional resources to the recruiting function so as to
avoid a recurrence of the projected recruiting failures. The
conferees adjusted the personnel related Operation and
Maintenance accounts, as follows:
Fiscal Year 1999 MILPERS-related Operation & Maintenance Accounts
[In millions of dollars]
Increases:
Navy Recruiting Advertising................................... $17.5
USMC Recruiting Advertising................................... 12.0
Air National Guard Recruiting Advertising..................... 3.0
USAFR Recruiting Advertising.................................. 3.0
Navy Recruiter Support........................................ 3.3
National Guard Youth Challenge Program........................ 21.5
STARBASE...................................................... 5.0
USMCR Increased Use........................................... 1.2
USMCR Active Duty Special Work................................ 2.1
Army National Guard Military Technicians...................... 27.0
Total MILPERS-related O&M Increases........................... 95.6
Reductions:
Innovative Readiness Training................................. 10.0
Total MILPERS-related O&M Reductions.......................... 10.0
Legislative Provisions Not Adopted
Exclusion of additional reserve component general and flag officers
from limitation on number of general and flag officers who may
serve on active duty
The Senate amendment contained a provision (sec. 414)
that would permit a number of reserve component general and
flag officers ordered to active duty for more than 179 days to
be excluded from the limitation on the number of general and
flag officers on active duty. The number of reserve component
general and flag officers ordered to active duty under this
authority would not exceed three percent of the total number of
authorized active duty general and flag officers.
The House bill contained no similar provision.
The Senate recedes.
Title V--Military Personnel Policy
Legislative Provisions Adopted
Subtitle A--Officer Personnel Policy
Codification of eligibility of retired officers and former officers for
consideration by special selection boards (sec. 501)
The House bill contained a provision (sec. 501) that
would clarify that a retired or former officer may be
considered for promotion by a special selection board without
being returned to active duty.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Involuntary separation pay denied for officer discharged for failure of
selection for promotion requested by the officer (sec. 502)The
House bill contained a provision (sec. 502) that would clarify that the
Congress intended that written communications from officers to
promotion boards authorized in section 614 of title 10, United States
Code, be limited to matters that enhance the officer's case for
promotion.
The Senate amendment contained a provision (sec. 503)
that would modify the conditions under which separation pay is
paid. Under the provision, officers who submit a request to a
promotion board not to be selected for promotion and are
subsequently not selected for promotion would not be eligible
for separation pay if the reason for their separation is
failure to be promoted to the next higher grade. The provision
would require the report of a selection board that received
communications from an officer who requested not to be selected
to include that officer's name.
The House recedes with a clarifying amendment.
Streamlined selective retention process for regular officers (sec. 503)
The House bill contained a provision (sec. 503) that
would eliminate the requirement to convene boards of review for
regular officers who have been recommended for administrative
separation by boards of inquiry and would eliminate the 30-day
board of inquiry notification process.
The Senate amendment contained a provision (sec. 501)
that would eliminate the requirement to convene boards of
review for officers who have been recommended for
administrative separation by a board of inquiry.
The House recedes.
Permanent applicability of limitations on years of active naval service
of Navy limited duty officers in grades of commander and
captain (sec. 504)
The Senate amendment contained a provision (sec. 502)
that would make permanent the temporary mandatory retirement
points for Navy Limited Duty Officers. The recommended change
would not affect Marine Corps Limited Duty Officers of the same
grades.
The House bill contained no similar provision.
The House recedes.
Tenure of Chief of the Air Force Nurse Corps (sec. 505)
The House bill contained a provision (sec. 505) that
would clarify that the Secretary of the Air Force determines
the length of the tour served by the Chief of the Air Force
Nurse Corps
The Senate amendment contained a provision (sec. 504)
that would extend the term of office for the chief of the Air
Force Nurse Corps from three years to four years.
The Senate recedes.
Grade of Air Force Assistant Surgeon General for Dental Services (sec.
506)
The conference report includes a provision that would
require the Assistant Surgeon General for Dental Services of
the Air Force to be an officer in the grade of brigadier
general.
Review regarding allocation of Naval Reserve Officers' Training Corps
scholarships among participating colleges and universities
(sec. 507)
The Senate amendment contained a provision (sec. 505)
that would modify the method by which the Navy allocates Naval
Reserve Officer Training Corps (NROTC) scholarships within a
state.
The House bill contained no similar provision.
The House recedes with an amendment that would urge the
Secretary of the Navy to review the method by which the Navy
allocates NROTC scholarships.
Subtitle B--Reserve Component Matters
Use of reserves for emergencies involving weapons of mass destruction
(sec. 511)
The Senate amendment contained a provision (sec. 515)
that would authorize the President to call-up reserve forces in
response to domestic emergencies involving a use, or threatened
use, of a weapon of mass destruction. In addition, the
provision would permit reserve full-time support personnel to
perform duties in support of emergency preparedness programs to
prepare for, or to respond to, an emergency involving the use
of a weapon of mass destruction.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
number of reserves who may serve on active duty in support of
the defense against the domestic use of weapons of mass
destruction, and would require the Secretary of Defense to
certify that members of a rapid assessment element team have
been trained and that the teams possess the requisite equipment
to meet all mission requirements.
Service required for retirement of National Guard officer in higher
grade (sec. 512)
The Senate amendment contained a provision (sec. 511)
that would extend the period for which a National Guard officer
could receive credit towards the time-in-grade required for
retirement.
The House bill contained no similar provision.
The House recedes.
Reduced time-in-grade requirement for reserve general and flag officers
involuntarily transferred from active status (sec. 513)
The Senate amendment contained a provision (sec. 512)
that would authorize the secretary of a military department to
retire, at thegrade held on active reserve status, a reserve
component general or flag officer who is involuntarily transferred from
active reserve status.
The House bill contained no similar provision.
The House recedes.
Active status service requirement for promotion consideration for Army
and Air Force Reserve component brigadier generals (sec. 514)
The House bill contained a provision (sec. 512) that
would require the Secretary of the Army and the Secretary of
the Air Force to consider reserve brigadier generals serving in
an inactive status for promotion if the officers had been in an
inactive status for less than one year as of the date of the
convening of the promotion board, and continuously served for
at least one year on the reserve active status list or the
active duty list immediately before transfer to inactive
status.
The Senate amendment contained a provision (sec. 513)
that would authorize the Secretary of the Army or the Secretary
of the Air Force to waive the eligibility requirements to
permit a reserve component brigadier general of the Army or Air
Force who is on the reserve inactive status list to be
considered for promotion to major general. To be eligible for
the waiver, the reserve brigadier general must have served at
least one year on the reserve active status list or active duty
list immediately preceding transfer to the inactive status
list, and the transfer to the inactive status list occurred
within the twelve-month period preceding the date the promotion
board convenes.
The Senate recedes.
Composition of selective early retirement boards for rear admirals of
the Naval Reserve and major generals of the Marine Corps
Reserve (sec. 515)
The House bill contained a provision (sec. 511) that
would authorize the Secretary of the Navy to convene selective
early retirement boards for rear admirals in the Navy Reserve
and major generals in the Marine Corps Reserve without
complying with the requirement specified in section 14102 of
title 10, United States Code, that one half of the selection
board members be reserve officers and that all the board
members hold higher permanent grades than the officers being
considered by the board.
The Senate amendment contained a provision (sec. 514)
that would change the minimum grade requirement for officers
participating as members of a board convened to consider rear
admirals in the Naval Reserve or major generals in the Marine
Corps Reserve for early retirement, and would require any
active duty officer participating in a selective early
retirement board considering Naval Reserve rear admirals or
Marine Corps Reserve major generals be one grade higher than
the officers being considered, and would require that at least
one member of the board be a reserve officer in the same grade
as the officers being considered.
The House recedes with a clarifying amendment.
Authority for temporary waiver for certain Army Reserve officers of
baccalaureate degree requirement for promotion of reserve
officers (sec. 516)
The House bill contained a provision (sec. 513) that
would authorize an exception to the requirement for reserve
officers in the Army commissioned through the Army Officer
Candidate School to possess a baccalaureate degree before
promotion to the grade of captain. The exception would expire
on October 1, 2000.
The Senate amendment contained no similar provisions.
The Senate recedes with an amendment that would authorize
the Secretary of the Army to waive, on a case-by-case basis,
for two years, the requirement for reserve officers in the Army
commissioned through the Army Officer Candidate School to
possess a baccalaureate degree before being promoted to the
grade of captain. The authority for the Secretary of the Army
to grant a waiver would expire on September 30, 2000.
The conferees expect that the Secretary of the Army will
only grant waivers to those individuals who demonstrate
progress toward achieving the goal of earning a baccalaureate
degree.
Furnishing of burial flags for deceased members and former members of
the Selected Reserve (sec. 517)
The Senate amendment contained a provision (sec. 1082)
that would direct the Secretary of Veterans Affairs to provide
a U.S. flag to drape the casket of deceased members or former
members of the Selected Reserve.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle C--Military Education and Training
Separate housing for male and female recruits during recruit basic
training (sec. 521)
The House bill contained a provision (sec. 521) that
would amend title 10, United States Code, to require each of
the military departments to assign male and female recruits to
same-gender units at the platoon, flight, and division levels,
and to house male and female recruits in separate barracks or
troop housing facilities. It would provide each of the service
secretaries the authority to waive the separate barracks
requirement initially at specific installations due to a lack
of adequate facilities at the installation. However, it would
require that no such waiver be in effect after October 1, 2001.
This section also would require that if a waiver is granted at
a particular installation, the secretary of a military
department shall require that male and female recruits be
housed on separate floors in military barracks or troop housing
facilities at that installation. During the interim period,
housing recruits on separate floors is defined to include
billeting male and female recruits separately andsecurely
either on separate floors, in separate bays, or on same floors with a
fire-safe wall separating the recruits. Further, the separate billeting
spaces should include independent sleeping areas, latrines and
separate, lockable entrances. To facilitate the Army's ability to make
barracks modifications needed for housing by separate floors, the
committee recommends an increase of $8.0 million in that department's
operations and maintenance account.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the secretaries of the military departments to provide
separate, safe, and secure housing for male and female recruits
with the sleeping areas separated by permanent walls and access
limited to separate entrances by April 15, 1999. Should an
installation not be able to meet this requirement, males and
females would be required to be housed in separate facilities.
The amendment would require that all future construction of
barracks at basic training sites accommodate separate, safe,
and secure housing for both male and female recruits. The
amendment would also require the General Accounting Office to
report on the costs associated, by service, with providing
separate buildings for male and female recruits.
After-hours privacy for recruits during basic training (sec. 522)
The House bill contained a provision (sec. 522) that
would amend title 10, United States Code, to require each of
the secretaries of the military departments to restrict after-
hours access to recruit housing areas to same-sex training
personnel. The provision would allow an exception to this
policy in case of an emergency or circumstance requiring
immediate action.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would restrict
after-hours access to recruit housing areas to drill sergeants
and other training personnel who are of the same gender as the
recruits housed in that area or to members of the chain of
command as long as they are accompanied by a member, who is not
a recruit, but is of the same gender, as the recruits housed in
that area.
The conferees note that these restrictions are intended
to cover the period after ``lights out'' at night until
``lights on'' in the morning.
Sense of the House of Representatives relating to small unit
assignments by gender during recruit basic training (sec. 523)
The conference report contains a provision that would
express the sense of the House of Representatives that the
secretaries of the military departments should require males
and females to be assigned to separate units at the platoon,
division, or flight level during recruit basic training.
The conferees direct the Secretary of Defense to include
a separate section in the report on sexual harassment required
by section 591 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) of the National Defense
Authorization Act for Fiscal Year 1998 to report on sexual
misconduct at the basic training centers of each of the
military departments. Specifically, the report shall include a
statistical summary, by type, of all incidents of sexual
misconduct, including sexual harassment and fraternization,
involving trainees, cadre members or trainees and cadre members
that occurred in the basic training centers of each service.
The data provided in the report for each service should be
expressed using a common standard of measurement and should
include a summary of the disciplinary and administrative
actions taken in response to the misconduct. Consistent with
the requirement for the sexual harassment report, the report on
sexual misconduct in basic training shall be submitted to the
Congress no later than April 1, 1999, and shall include data on
all cases of sexual misconduct that occurred during the
preceding year.
The Commission on Military Training and Gender-Related
Issues, established in the National Defense Authorization Act
for Fiscal Year 1998, is expected to report to the Congress in
April 1999, on its review of the basic training programs of
each of the military services. The House conferees intend to
fully review all matters pertaining to basic training once the
findings and recommendations of the Commission are received and
anticipate the likelihood of legislation next year on issues
addressed in the Commission's review, including the issue of
gender-separate basic training.
Extension of reporting dates for Commission on Military Training and
Gender-Related Issues (sec. 524)
The House bill contained a provision (sec. 523) that
would amend section 562 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85) to extend the
reporting dates required of the Commission on Military Training
and Gender-Related Issues. This provision would extend the date
of the initial report to October 15, 1998, and the final report
to March 15, 1999.
The Senate amendment contained a similar provision (sec.
526).
The Senate recedes.
Improved oversight of innovative readiness training (sec. 525)
The House bill contained a provision (sec. 524) that
would require the Department of Defense to implement the
General Accounting Office recommendations to improve program
compliance with section 2012 of title 10, United States Code,
which governs the Innovative Readiness Training program, and
would require the Department to establish better cost
accounting methods.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle D--Decorations, Awards, and Commendations
Study of new decorations for injury or death in line of duty (sec. 531)
The House bill contained a provision (sec. 531) that
would require the Secretary of Defense, in cooperation with the
secretaries of the military departments and the Secretary of
Transportation with regard to the Coast Guard, to determine the
appropriate name, policy, award criteria, and design for two
new decorations, that recognize the service of members of the
armed forces who are killed or wounded under non-combat
conditions and U.S. civilians who are killed or wounded while
serving in an official capacity with a U.S. armed forces. This
provision would also require the Secretary to submit a
legislative proposal to establish the two decorations and a
recommendation concerning the need for the new decorations to
the Committee on Armed Services of the Senate and the National
Security Committee of the House of Representatives, not later
than July 31, 1999.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to study the need for such awards, the
criteria that may be used to determine eligibility for such
awards, and to report the results of the study to the Senate
Armed Services of the Senate and the National Security
Committee of the House of Representatives, not later than July
31, 1999.
Waiver of time limitations for award of certain decorations to certain
persons (sec. 532)
The House bill contained a provision (sec. 532) that
would waive the statutory time limitations for the award of
military decorations to individuals who have been recommended
for award of the decorations by the secretaries of the military
departments.
The Senate amendment contained a similar provision (sec.
530).
The House recedes with an amendment that would include
awards approved by the secretaries of the military departments
since May 12, 1998.
Commendation and commemoration of the Navy and Marine Corps personnel
who served in the United States Navy Asiatic Fleet from 1910-
1942 (sec. 533)
The House bill contained a provision (sec. 533) that
would commend those personnel who served in the Asiatic Fleet
of the United States Navy between 1910 and 1942.
The Senate amendment contained a similar provision (sec.
1060).
The House recedes with a clarifying amendment.
The conferees note that March 1, 1999, is the 57th
anniversary of the sinking of the Asiatic Fleet's flagship, the
U.S.S. Houston, by Japanese Imperial Forces. The conferees
believe that March 1, 1999, may be the most appropriate day for
the President to designate as the United States Navy Asiatic
Fleet Memorial Day.
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. 534)
The House bill contained a provision (sec. 534) that
would express the appreciation of the Congress and the American
people for the service of members of the Navy assigned as gun
crews aboard merchant ships as part of the Naval Armed Guard
Service during World War I and World War II.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding the heroism, sacrifice, and service of the
military forces of South Vietnam and other nations, and
indigenous groups in connection with the United States Armed
Forces during the Vietnam conflict (sec. 535)
The House bill contained a provision (sec. 535) that
would recognize and honor the significant heroism, sacrifices,
and service that the armed forces of South Vietnam and other
allies made while fighting together with U.S. Military Forces
during the Vietnam conflict.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding the heroism, sacrifice, and service of
former South Vietnamese commandos in connection with the United
States Armed Forces during the Vietnam conflict (sec. 536)
The House bill contained a provision (sec. 536) that
would recognize and honor the significant heroism, sacrifices
and service that the South Vietnamese commandos made during the
Vietnam conflict. The House report (H. Rept. 105-532) notes
that section 657 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201) authorized compensation
for Vietnamese commandos incarcerated for 20 years or more.
The Senate amendment contained a similar provision (sec.
1068).
The Senate recedes.
Prohibition on members of armed forces entering correctional facilities
to present decorations to persons who have committed serious
violent felonies (sec. 537)
The Senate amendment contained a provision (sec. 531)
that would prohibit the military services from presenting a
military award or decoration in a prison or confinement
facility.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the provision does not preclude
the military services from awarding a military award or
decoration to an eligible current or former service member who
may be confined. However, the award may not be presented to the
individual in a prison or confinement facility.
Subtitle E--Administration of Agencies Responsible for Review and
Correction of Military Records
Personnel freeze (sec. 541)
The House bill contained a provision (sec. 541) that
would preserve the current level of performance of the Army
Review Board Agency, the Air Force Review Boards Agency, and
the Board for Correction of Naval Records by requiring a report
to the Congress 90 days before the number of employees assigned
to those organizations is reduced below the number assigned, as
of October 1, 1997.
The Senate amendment contained no similar provision.
The Senate recedes.
Professional staff (sec. 542)
The House bill contained a provision (sec. 542) that
would amend chapter 79 of title 10, United States Code, to
require each Board for the Correction of Military Records to
employ an attorney and a physician to serve as advisors to the
staff on legal and medical matters being considered by the
board.
The Senate amendment contained no similar provision.
The Senate recedes.
Ex parte communications (sec. 543)
The House bill contained a provision (sec. 543) that
would amend chapter 79 of title 10, United States Code, to
require each Board for the Correction of Military Records to
provide applicants with copies of communications that directly
apply to or have a material effect on the applicants' cases.
The Senate amendment contained no similar provision.
The Senate recedes.
Timeliness standards (sec. 544)
The House bill contained a provision (sec. 544) that
would require each Board for the Correction of Military Records
to improve the timeliness of board actions over a ten-year
period, beginning in fiscal year 2001 and culminating with a
requirement to complete action on 90 percent of the cases
within ten months of receipt during fiscal year 2011 and
beyond.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Scope of correction of military records (sec. 545)
The conference agreement includes a provision that would
define military records for purposes of payment of claims
arising from correction of a military record and would require
the Secretary of Defense to report to the Congress not later
than March 31, 1998, on the effect of the six-year bar to
retroactive payments when relief is granted by a Board for the
Correction of Military Records.
Subtitle F--Reports
Report on personnel retention (sec. 551)
The House bill contained a provision (sec. 1033) that
would require the Secretary of Defense to submit, within 90
days of enactment, a report to the Congress that contains
information on the retention of active duty service members of
each military service during each fiscal year from 1989 through
1998.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on process for selection of members for service on courts-
martial (sec. 552)
The House bill contained a provision (sec. 561) that
would require the Secretary of Defense to submit to the
Congress, by April 15, 1999, a report on the method of
selection of members of the armed forces to serve on courts-
martial, including the development of a plan by the military
services for random selection of members.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
Report on prisoners transferred from United States Disciplinary
Barracks, Fort Leavenworth, Kansas, to Federal Bureau of
Prisons (sec. 553)
The House bill contained a provision (sec. 560) that
would require the Secretary of Defense to evaluate and report
to Congress on the rationale for, and effectiveness of, the
policy of transferring prisoners from the United States
Disciplinary Barracks, Fort Leavenworth, Kansas, to the Federal
Bureau of Prisons, and would require the Secretary of the Army
to monitor the parole and recidivism rates of the military
prisoners transferred to the Federal Bureau of Prisons.
The Senate amendment contained no similar provision.
The Senate recedes.
Review and report regarding the distribution of National Guard full-
time support among the states (sec. 554)
The Senate amendment contained a provision (sec. 1035)
that would require the Chief of the National Guard Bureau to
review the process used to allocate and distribute resources,
including all categories of full-time manning, among the states
for the National Guard and to report not later than March 15,
1999 to the congressional defense committees.
The House bill contained no similar provision.
The House recedes with an amendment that would focus the
review on the process used to allocate and distribute all
categories of National Guard full-time support among the
states, would require theChief of the National Guard Bureau to
submit the report to the Secretary of Defense, and would require the
Secretary of Defense to forward the report, along with his evaluation
of the report, to the Committee on Armed Services of the Senate and the
National Security Committee of the House of Representatives.
Subtitle G--Other Matters
Two-year extension of certain force drawdown transition authorities
relating to personnel management and benefits (sec. 561)
The House bill contained a provision (sec. 551) that
would extend through fiscal year 2000 certain temporary
authorities which provide the tools the armed services need to
manage personnel reductions and shape the force following the
completion of the drawdown of military forces.
The Senate amendment contained a provision (sec. 522)
that would extend until September 30, 2003, the force reduction
transition period management and benefits authorities
established during the drawdown of the military services.
The House recedes with an amendment that would extend the
temporary authorities until September 30, 2001.
Leave without pay for suspended academy cadets and midshipmen (sec.
562)
The House bill contained a provision (sec. 552) that
would authorize the appropriate secretary, upon the
recommendation of the Superintendent of the United States
Military Academy, the United States Naval Academy, the United
States Air Force Academy, or the United States Coast Guard
Academy, to order a cadet or midshipman to be placed on
involuntary leave without pay under certain circumstances.
The Senate amendment contained a provision (sec. 604)
that would authorize the superintendents of the military
academies and the Coast Guard Academy to order a cadet or
midshipman to be placed on involuntary leave without pay if the
cadet or midshipman is pending separation from the academy for
misconduct, conduct deficiency, or honor violation while the
separation is pending final approval.
The House recedes with an amendment that would authorize
the appropriate service secretary to order a cadet or
midshipman to be placed on involuntary leave without pay if the
cadet or midshipman is pending separation from the academy for
misconduct, conduct deficiency, or honor violation while the
separation is pending final approval.
Continued eligibility under Voluntary Separation Incentive program for
members who involuntarily lose membership in a reserve
component (sec. 563)
The House bill contained a provision (sec. 554) that
would authorize Voluntary Separation Incentive (VSI) recipients
to continue to receive VSI payments after separation from the
reserves when the separation was due to age, years of service,
failure to be selected for promotion, or medical
disqualification, provided the ineligibility does not result
from a deliberate action to avoid service.
The Senate amendment contained a provision (sec. 523)
that would permit members who separated under the VSI program
and lost their membership in a reserve component, as a result
of certain conditions, to continue to receive the benefit
payments.
The House recedes with a clarifying amendment.
Reinstatement of definition of financial institution in authorities for
reimbursement of defense personnel for Government errors in
direct deposit of pay (sec. 564)
The House bill contained a provision (sec. 555) that
would amend sections 1053 and 1594 of title 10, United States
Code, to specify that the term ``financial institution'' means
a bank, savings and loan association or similar institution, or
credit union chartered by the United States or a State.
The Senate amendment contained a similar provision (sec.
1047).
The Senate recedes with a clarifying amendment.
Increase in maximum amount for College Fund program (sec. 565)
The House bill contained a provision (sec. 556) that
would increase the maximum College Fund payment to $50,000,
effective October 1, 1999, for service members enlisting after
that date.
The Senate amendment contained a provision (sec. 618)
that would increase the amount authorized for military service
College Fund programs, not to exceed $50,000, an increase of
$10,000.
The Senate recedes with an amendment that would remove
the specified effective date.
Central Identification Laboratory, Hawaii (sec. 566)
The House bill contained a provision (sec. 557) that
would require the Secretary of Defense to establish joint
manning requirements for the Central Identification Laboratory,
Hawaii (CILHI), and to staff CILHI at 100 percent of its
manpower requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees do not intend that this provision be
interpreted to direct that billets at the Central
Identification Laboratory, Hawaii, be designated as joint
billets on the joint duty assignment list. The Secretary of
Defense may, however, designate billets at the Central
Identification Laboratory, Hawaii, as joint duty on the joint
duty assignment list if he determines that the billets meet the
existing criteria for such designation.
Military funeral honors for veterans (sec. 567)
The House bill contained a provision (sec. 558) that
would require the secretaries of the military departments to
provide, upon request, honor guard details for the funerals of
veterans. The provision would specify that the honor guard
details be comprised of not less than three persons with the
capability to play a recording of Taps, unless a bugler is
included in the detail. The honor guard detail would consist of
members of the armed forces, members of veterans organizations,
or other organizations approved for participation by the
Secretary of Defense. The provision would require the Secretary
of Defense to establish a system for selection of units of the
armed forces or other organizations to provide honor guard
details. Before issuing regulations to establish the system,
the Secretary of Defense would 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. This
provision would apply to burials of veterans that occur on, or
after, October 1, 1999.
The Senate amendment contained a provision (sec. 1079)
that would require, not later than October 31, 1998, the
Secretary of Defense, in consultation with the Secretary of
Veterans Affairs, to convene a conference to determine means of
improving and increasing the availability of military burial
honors for veterans.
The Senate recedes with an amendment that would combine
the two provisions in such a manner as to require the Secretary
of Defense, in consultation with the Secretary of Veterans
Affairs, to convene a conference, not later than December 31,
1998, to determine means of improving and increasing the
availability of military burial honors for veterans, and to
report the findings and recommendations resulting from the
conference to the Committee on Armed Services of the Senate and
the National Security Committee of the House of Representatives
not later than March 15, 1999. The provision would also require
the secretaries of the military departments to provide, upon
request, honor guard details for the funerals of veterans
comprised of not less than three persons with the capability to
play a recording of Taps, unless a bugler is included in the
detail, for the funerals of veterans, after December 31, 1999.
The conferees intend that the requirement to provide a
three- person burial detail upon request of a veteran to be
effective only if the Secretary of Defense and the Secretary of
Veterans Affairs do not recommend an acceptable alternative
proposal in the required report. If a recommended alternative
includes permitting members of veterans service organizations
to perform burial honor details, the Secretary of Defense may
consider providing equipment and materiel, as appropriate, to
support burial honor detail duties.
The conferees agree that men and women have unselfishly
answered the call to arms at tremendous personal sacrifice.
These men and women who served honorably, whether in war or
peace, deserve commemoration for their military service at the
time of their death by an appropriate tribute. Burial honors
are an important means of reminding Americans of the sacrifices
endured to keep the Nation free.
Status in the Naval Reserve of cadets at the Merchant Marine Academy
(sec. 568)
The House bill contained a provision (sec. 563) that
would require the Secretary of Defense, in coordination with
the Secretary of Transportation, to ensure that citizens of the
United States appointed as cadets at the United States Merchant
Marine Academy are members of the Naval Reserve. The provision
would also require the Secretary of Defense to issue such
cadets military identification cards.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees direct the Secretary of the Navy to
determine the specific status cadets at the United States
Merchant Marine Academy shall have within the Naval Reserve.
The Secretary shall ensure that the benefits associated with
the military identification card issued to cadets at the United
States Merchant Marine Academy are consistent with their status
within the Naval Reserve.
Repeal of restriction on civilian employment of enlisted members (sec.
569)
The Senate amendment contained a provision (sec. 525)
that would repeal section 974 of title 10, United States Code,
which restricts enlisted personnel from engaging in a civilian
pursuit or business if the pursuit or business interferes with
the employment of local civilians in their art, trade, or
profession.
The House bill contained no similar provision.
The House recedes.
Transitional compensation for abused dependent children not residing
with the spouse or former spouse of a member convicted of
dependent abuse (sec. 570)
The Senate amendment contained a provision (sec. 528)
that would authorize transitional compensation to eligible
dependent children who do not reside with a spouse or former
spouse who is also eligible for transitional compensation
payments. The recommended provision would ensure that dependent
children who are victims of abuse are not denied compensation
because of family circumstances that may cause the dependent
children not to reside with the spouse or former spouse.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Pilot program for treating GED and home school diploma recipients as
high school graduates for determinations of eligibility for
enlistment in the armed forces (sec. 571)
The Senate amendment contained a provision (sec. 529)
that wouldestablish a five-year pilot program to permit
participants in a National Guard Youth Challenge Program who receive a
general education development (GED) certificate and those who complete
their high school requirements through a home schooling program to
enlist in the armed forces, as if they had received a high school
diploma. The recommended provision would limit the pilot program to not
more than 10,000 persons per year (1,250 per educational source per
military service). The provision would require the Secretary of Defense
to conduct a comprehensive evaluation of the performance of the
participants in the pilot program and report the results to the
Congress not later than February 1, 2004.
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
number of participants to 5,000 per year (1,250 per military
service) and require a separate evaluation of the performance
of GED and home school participants.
Sense of Congress concerning New Parent Support Program and military
families (sec. 572)
The House bill contained a provision (sec. 1051) that
would express the sense of Congress that the New Parent Support
Program has been an effective tool in curbing family violence
within the military community and that the Department of
Defense should seek ways to ensure that, in future fiscal
years, sufficient funds are made available for this program.
The recommended provision would also require that, within 120
days of the date of enactment of this Act, the Secretary of
Defense to submit a report to the Congress describing the
manner in which the New Parent Support Program is being
implemented by each service, the number of military
installations receiving support for the program, and the
funding for the program by the date of each military service
for fiscal years 1994 through 1998 and the amount of funding
projected for fiscal year 1999.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the report to address funding during fiscal years 1994 through
1999, and the funding projected for fiscal year 2000.
Advancement of Benjamin O. Davis, Junior, to grade of General on the
retired list of the Air Force (sec. 573)
The Senate amendment contained a provision (sec. 532)
that would authorize the President to advance Benjamin O.
Davis, Junior, to the grade of General on the retired list of
the Air Force. The provision would specifically provide that no
additional benefits accrue to General Davis or his heirs as a
result of this advancement.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of the House of Representatives concerning adherence by civilians
in military chain of command to the standard of exemplary
conduct required of commanding officers and others in authority
in the Armed Forces (sec. 574)
The House bill contained a provision (sec. 559) that
would extend the requirement for exemplary conduct on
commanding officers and others to the President, as Commander-
in-Chief, and the Secretary of Defense, both of whom exercise
authority in the military chain of command.
The Senate amendment contained no similar provision.
The conference agreement includes a provision that would
express the sense of the House of Representatives that civilian
members of the military chain of command should, in the same
manner as commanding officers and others in authority in the
armed forces, show in themselves a good example of virtue,
honor, and patriotism, and to subordinate themselves to those
ideals.
For many years, commanding officers, and others in
authority, in the Navy have been required by law to conduct
themselves in an exemplary manner. The National Defense
Authorization Act for Fiscal Year 1998 extended such a
requirement for exemplary conduct to commanding officers, and
others in authority, in the Army and Air Force. This provision
results from the House conferees' belief that a similar
standard for exemplary conduct should also extend to the
civilian leaders designated by title 10, United States Code, as
being in the military chain of command.
Legislative Provisions Not Adopted
Posthumous commissions and warrants
The House bill contained a provision (sec. 504) that
would authorize the President to promote an officer
posthumously when the secretary of a military department
approves the results of the appropriate board after the date of
death of the officer, so long as the officer is selected for
promotion by a promotion board before the date of death.
The Senate amendment contained no similar provision.
The House recedes.
Study of revising the term of service of members of the United States
Court of Appeals for the Armed Forces
The House bill contained a provision (sec. 562) that
would require the Secretary of Defense to submit to Congress a
report on the desirability of revising the term of appointment
for judges of the United States Court of Appeals for the Armed
Forces so that the term would be for 15 years or until the
judge attained age 65, whichever is later.
The Senate amendment contained no similar provision.
The House recedes.
Repeal of limitations on authority to set rates and waive requirement
for reimbursement of expenses incurred for instruction at
service academies of persons from foreign countries
The Senate amendment contained a provision (sec. 524)
that would repeal the limitations on the authority of the
secretary of a military department to waive the requirement for
reimbursement of expenses for foreign students at the military
service academies.
The House bill contained no similar provision.
The Senate recedes.
Moratorium on changes of gender-related policies and practices pending
completion of the work of the Commission on Military Training
and Gender-Related Issues
The Senate amendment contained a provision (sec. 527)
that would prohibit the Secretary of Defense from implementing
any policy changes with regard to separation or integration of
members of the armed forces on the basis of gender, which are
within the responsibility of the Commission on Military
Training and Gender-Related Issues, until the commission has
completed its work and issued its report. The final report is
due on March 15, 1999.
The House bill contained no similar provision.
The Senate recedes.
Title VI--Compensation and Other Personnel Benefits
Legislative Provisions Adopted
Subtitle A--Pay and Allowances
Increase in basic pay for fiscal year 1999 (sec. 601)
The House bill contained a provision (sec. 601) that
would waive section 1009 of title 37, United States Code, and
increase, effective January 1, 1999, the rates of basic pay for
members of the uniformed services by 3.6 percent or the percent
increase determined under subsection (c) of section 1009 of
title 37, United States Code, should the President approve a
pay increase for federal workers, whichever is higher.
The Senate amendment contained a provision (sec. 601)
that would waive section 1009 of title 37, United States Code,
and increase the rates of basic pay for members of the
uniformed services by 3.6 percent, effective January 1, 1999.
The Senate recedes.
Rate of pay for cadets and midshipmen at the service academies (sec.
602)
The Senate amendment contained a provision (sec. 602)
that would increase the rate of pay for cadets and midshipmen
at the service academies from $558.04 per month to $600.00 per
month, effective January 1, 1999.
The House bill contained no similar provision.
The House recedes.
Basic allowance for housing outside the United States (sec. 603)
The House bill contained a provision (sec. 602) that
would authorize the payment of advance deposits and rent for
housing in overseas areas when required by local conditions.
The provision would also protect the member from losses due to
fluctuations in the value of foreign currency and would allow
the government to recoup the full amount of advances, to
include any gain resulting from currency fluctuations.
The Senate amendment contained no similar provision
The Senate recedes.
Basic allowance for subsistence for reserves (sec. 604)
The House bill contained a provision (sec. 603) that
would clarify the entitlement of reservists to rations in kind
or payment for meals purchased when rations in kind are not
available.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle B--Bonuses and Special Incentive Pays
Three-month extension of certain bonuses and special pay authorities
for reserve forces (sec. 611)
The House bill contained a provision (sec. 611) that
would extend the authority for the special pay for health care
professionals who serve in the Selected Reserve in critically
short wartime specialties, the Selected Reserve reenlistment
bonus, the Selected Reserve enlistment bonus, special pay for
enlisted members of the Selected Reserve assigned to certain
high priority units, the Selected Reserve affiliation bonus,
the Ready Reserve enlistment and reenlistment bonus, and the
prior service enlistment bonus until September 30, 2000. The
provision would also extend the authority for repayment of
educational loans for certain health professionals who serve in
the Selected Reserve until October 1, 2000.
The Senate amendment contained a provision (sec. 611)
that would extend the authority to pay special pay critically
short wartime health specialists in the Selected Reserve, the
Selected Reserve reenlistment bonuses, the Selected Reserve
enlistment bonuses, the special pay for enlisted members
assigned to certain high priority units in the Selected
Reserve, the Selected Reserve affiliation bonus, the Ready
Reserve enlistment and reenlistment bonus, the repayment of
loans for certain health professionals who serve in the
Selected Reserve, and the prior service enlistment bonus until
December 31, 1999.
The House recedes.
The conferees understand the value of bonuses and special
pay as a tool for recruiting and retaining skilled, qualified
personnel. Theconferees intend that these bonuses will be
reauthorized on an annual basis.
Three-month extension of certain bonuses and special pay authorities
for nurse officer candidates, registered nurses, and nurse
anesthetists (sec. 612)
The House bill contained a provision (sec. 612) that
would extend the authority for the nurse officer candidate
accession program, the accession bonus for registered nurses,
and the incentive special pay for nurse anesthetists until
September 30, 2000.
The Senate amendment contained a provision (sec. 612)
that would extend the authority to pay certain bonuses and
special pay for nurse officer candidates, registered nurses,
and nurse anesthetists until December 31, 1999.
The House recedes.
The conferees understand the value of bonuses and special
pay as a tool for recruiting and retaining skilled, qualified
personnel. The conferees intend that these bonuses will be
authorized on an annual basis.
Three-month extension of authorities relating to payment of other
bonuses and special pays (sec. 613)
The House bill contained a provision (sec. 613) that
would extend the authority for the aviation officer retention
bonus, reenlistment bonus for active members, enlistment
bonuses for members with critical skills, special pay for
nuclear qualified officers who extend the period of active
service, and the nuclear career accession bonus to September
30, 2000. The provision would also extend the authority for the
nuclear career annual incentive bonus until October 1, 2000.
The Senate amendment contained a provision (sec. 613)
that would extend the authority to pay the aviation officer
retention bonus, the reenlistment bonus for active members, the
enlistment bonuses for critical skills, the special pay for
nuclear qualified officers who extend the period of active
service, the nuclear career accession bonus, and the nuclear
career annual incentive bonus until December 31, 1999.
The House recedes.
The conferees understand the value of bonuses and special
pay as a tool for recruiting and retaining skilled, qualified
personnel. The conferees intend that these bonuses will be
reauthorized on an annual basis.
Increased hazardous duty pay for aerial flight crewmembers in certain
pay grades (sec. 614)
The Senate amendment contained a provision (sec. 620a)
that would increase the hazardous duty pay for enlisted aerial
flight crewmembers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Aviation career incentive pay and aviation officer retention bonus
(sec. 615)
The House bill contained a provision (sec. 614) that
would make clarifying amendments to sections 301a and 301b of
title 37, United States Code, to facilitate the payment of
Aviation Career Incentive Pay and Aviation Continuation Pay to
warrant officers.
The Senate amendment contained no similar provision.
The Senate recedes.
Diving duty special pay for divers having diving duty as a nonprimary
duty (sec. 616)
The House bill contained a provision (sec. 615) that
would clarify that the service secretaries may continue paying
diving pay to members not assigned to diving duties when the
members are required to maintain diving proficiency.
The Senate amendment contained a similar provision (sec.
620b).
The House recedes.
The conferees believe that members should be required to
maintain proficiency as a diver only when they are subject to
no notice return to diving duty on a temporary or permanent
basis.
Hardship duty pay (sec. 617)
The House bill contained a provision (sec. 620) that
would change the criteria eligibility to receive hardship duty
pay from a location to a specific duty without regard to
location.
The Senate amendment contained a similar provision (sec.
620).
The House recedes with a clarifying amendment.
Selective reenlistment bonus eligibility for Reserve members performing
active Guard and Reserve duty (sec. 618)
The House bill contained a provision (sec. 616) that
would authorize payment of selective reenlistment bonuses to
members of the reserve components who are on extended active
duty in the Active Guard and Reserve (AGR) program.
The Senate amendment contained a provision (sec. 614)
that would authorize the secretary concerned to offer a
reenlistment bonus to reserve component members who are on
extended active duty in support of the reserves. The provision
would require reserve component members on active duty in
support of the reserves to meet the same criteria as regular
component enlisted personnel to be eligible for a reenlistment
bonus.
The House recedes with a clarifying amendment.
Repeal of ten percent limitation on certain selective reenlistment
bonuses (sec. 619)
The House bill contained a provision (sec. 617) that
would remove the 10 percent limitation on the number of
selectivereenlistment bonuses in excess of $20,000 that may be
paid.
The Senate amendment contained a provision (sec. 615)
that would repeal the restriction limiting the number of
selective reenlistment bonuses which exceed $20,000 paid during
any fiscal year.
The Senate recedes with a clarifying amendment.
Increase in maximum amount authorized for Army enlistment bonus (sec.
620)
The House bill contained a provision (sec. 618) that
would increase the maximum bonus for enlistment in the Army
from $4,000 to $6,000.
The Senate amendment contained a provision (sec. 616)
that would increase the maximum amount authorized to be offered
to a qualifying high school graduate who enlists in the Army
for at least three years in designated skills from $4,000 to
$6,000.
The House recedes with a clarifying amendment.
Equitable treatment of Reserves eligible for special pay for duty
subject to hostile fire or imminent danger (sec. 621)
The House bill contained a provision (sec. 619) that
would authorize reserve members to receive the amount of
imminent danger pay authorized for a full month regardless of
the number of qualifying days served by the member during the
month. The provision would make the imminent danger pay payment
policy for reservists consistent with the policy for active
duty members. Accordingly, the House bill provided for an
increase of $3.0 million over the amount included in the budget
request for reserve imminent danger pay.
The Senate amendment contained no similar provision.
The Senate recedes.
Retention incentives initiative for critically short military
occupational specialites (sec. 622)
The Senate amendment contained a provision (sec. 620(c))
that would require the Secretary of Defense to establish a
series of new incentives, in addition to the current
incentives, to encourage service members in critically short
specialities to reenlist.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Travel and Transportation Allowances
Payments for movements of household goods arranged by members (sec.
631)
The Senate amendment contained a provision (sec. 603)
that would authorize the Departments of Defense, Health, and
Transportation to provide members of the uniformed services
with a reimbursement or monetary allowance in advance for the
cost of transportation for that member's baggage and household
effects. The monetary allowance may be paid only if payment of
the allowance results in an overall cost savings to the
government. This will enhance the ability of members of the
uniformed services to arrange for the movement of their
household goods themselves, rather than relying upon the
current system, whereby the employing agencies arrange for the
movement of these goods for the members.
The House bill contained no similar provision.
The House recedes with an amendment that would insert the
words ``new sentence'' in (a)(1)(B). The amendment would
further replace the word ``a'' with the word ``the'' in the
same paragraph. Finally, the amendment would make technical
changes to standing law reflecting the fact that paragraphs
have been redesignated because of the elimination of subsection
(j).
Exception to maximum weight allowance for baggage and household effects
(sec. 632)
The House bill contained a provision (sec. 631) that
would authorize the service secretaries to exceed the maximum
weight allowance for shipment of household goods to a new
permanent duty station to accommodate shipment of consumable
goods that cannot be reasonably obtained at the new location.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees intend that this apply only to shipments to
a new permanent duty station where consumable goods are not
reasonably available. The conferees do not intend the increased
weight allowance to be used for shipments from a permanent duty
station in which consumable goods were not reasonably
available.
Travel and transportation allowances for travel performed by members in
connection with rest and recuperative leave from overseas
stations (sec. 633)
The House bill contained a provision (sec. 632) that
would clarify that the service secretaries may provide the
transportation authorized the rest and recuperation travel
using either government or commercial carriers. This provision
would enhance the cost efficiency of the rest and recuperation
program being provided to personnel assigned to Operation Joint
Guard in the Republic of Bosnia and Herzegovina.
The Senate amendment contained a provision (sec. 621)
that would authorize the secretary concerned to pay for
commercial transportation, not to exceed the cost of government
provided transportation, for leave travel of members assigned
to overseas locations in contingency operations or at overseas
locations where unusual conditions exist. The provision would
permit members to receive one round trip during any period of
service of at least six months, but not to exceed 24 months.
The Senate recedes.
Storage of baggage of certain dependents (sec. 634)
The House bill contained a provision (sec. 633) that
would amend section 430 of title 37, United States Code, to
authorize dependents of military members assigned to overseas
locations annual round trip visits while those dependents are
college students in the United States. The provision would
authorize the storage of unaccompanied baggage of such
dependents in lieu of shipment if advantageous to the
government.
The Senate amendment contained a provision (sec. 622)
that would authorize storage of a dependent student's
unaccompanied baggage in lieu of shipping the baggage to the
overseas duty station of the sponsor. When a student attending
school in the United States returns to spend the summer with
their family in an overseas location, they must ship their
goods to the overseas location. The recommended provision would
permit the baggage to be stored locally, which is less
expensive than a round-trip overseas shipment.
The Senate recedes.
Commercial travel of Reserves at Federal supply schedule rates for
attendance at inactive-duty training assemblies (sec. 635)
The House bill contained a provision (sec. 368) that
would permit members of the reserve components to use General
Services Administration federal supply contracts for commercial
air transportation in order to perform inactive duty training.
The Senate amendment contained a similar provision (sec.
623).
The House recedes.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Paid-up coverage under Survivor Benefit Plan (sec. 641)
The Senate amendment contained a provision (sec. 631)
that would, effective October 1, 2003, terminate Survivor
Benefit Plan payments following 30 years of payments and
attainment of the age of 70.
The House bill contained no similar provision.
The House recedes with an amendment that would make the
effective date October 1, 2008.
Survivor Benefit Plan open enrollment period (sec. 642)
The Senate amendment contained a provision (sec. 634)
that would establish a one-year open enrollment period for the
Survivor Benefit Plan, beginning March 1, 1999. The provision
would require persons electing to enroll in the Survivor
Benefit Plan during the open enrollment period to pay premiums
equal to the amount the member would have paid had the member
enrolled at the first opportunity afforded that member, with
interest, and any additional amount the Secretary of Defense
determines to be necessary to make the election actuarially
sound.
The House bill contained no similar provision.
The House recedes.
Effective date of court-required former spouse survivor benefit plan
coverage effectuated through elections and deemed elections
(sec. 643)
The House bill contained a provision (sec. 641) that
would standardize the effective date of Survivor Benefit Plan
coverage for a former spouse as the first day of the first
month following the date of the court order directing the
coverage.
The Senate amendment contained a similar provision (sec.
632).
The House recedes with a clarifying amendment.
Presentation of a United States flag to members of the Armed Forces
upon retirement (sec. 644)
The Senate amendment contained a provision (sec. 637)
that would require the secretary of a military department to
present a United States flag to a member upon retirement from
active or reserve service.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Recovery, care, and disposition of remains of medically retired member
who dies during hospitalization that begins while on active
duty (sec. 645)
The House bill contained a provision (sec. 553) that
would authorize military retirees the same benefits for
recovery, care, and disposition of remains as active duty
members when that member is medically retired from active duty
while hospitalized and the hospitalization is continuous until
the date of death.
The Senate amendment contained a similar provision (sec.
633).
The House recedes with a clarifying amendment.
Revision to computation of retired pay for certain members (sec. 646)
The House bill contained a provision (sec. 642) that
would clarify that section 1406(i) of title 10, United States
Code, would not apply to enlisted members who, after serving as
the senior enlisted advisor of an armed force, are reduced in
grade as the result of a court-martial sentence, nonjudicial
punishment, or other administrative process. The provision
would also provide that the computation of the high-three
average of a retired enlisted member who was reduced in grade
be based on the lower grade.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain
the clarification to section 1406(i).
The conferees urge the Secretary of Defense to review the
effectof a reduction in grade on members who are reduced in
grade and who may retire under the high-three average method of
computation of retired pay and, if appropriate, recommend legislation
to ensure that the member's retired pay be computed based on the lower
grade.
Elimination of backlog of unpaid retired pay (sec. 647)
The Senate amendment contained a provision (sec. 638)
that would require the Secretary of the Army to eliminate the
backlog of unpaid retired pay for members and the former
members of the Army, the Army Reserve, and the Army National
Guard by December 31, 1998.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle E--Other Matters
Definition of possessions of the United States for pay and allowances
purposes (sec. 651)
The House bill contained a provision (sec. 651) that
would delete the Canal Zone from the list of U.S. possessions
as defined in title 37, United States Code.
The Senate amendment contained a similar provision (sec.
641).
The Senate recedes with a clarifying amendment.
Accounting of advance payments (sec. 652)
The House bill contained a provision (sec. 652) that
would clarify the authority of the secretary concerned to
disburse advance payments to service members in a permanent
change of station status in amounts that may exceed available
appropriations in the relevant military personnel accounts.
The Senate amendment (sec. 1046) contained a similar
provision.
The Senate recedes with a technical amendment.
Reimbursement of rental vehicle costs when motor vehicle transported at
government expense is late (sec. 653)
The House bill contained a provision (sec. 653) that
would authorize a service member being transferred to an
overseas station to rent a car for one week at government
expense when the privately owned vehicle shipped to the
overseas location does not arrive as scheduled. The provision
would limit the car rental reimbursement to $30 a day for one
week, and would require the Secretary of Defense to certify in
a report to the Congress that a system is operational to
recover the cost of the reimbursement for the rental car from
the shipping company that caused the delay prior to any
reimbursement.
The Senate amendment contained no similar provision.
The Senate recedes.
Education loan repayment program for health professions officers
serving in Selected Reserve (sec. 654)
The House bill contained a provision (sec. 654) that
would increase the authorized caps on the education loan
amounts that may be repaid by the Secretary of Defense to
recruit and retain health professionals with shortage wartime
critical medical skills who serve in the Selected Reserve. The
provision would increase the repayment amounts from $3,000 per
year and $20,000 total to $10,000 and $50,000, respectively.
The Senate amendment contained a provision (sec. 617)
that would modify the current education loan repayment program
by permitting the services to offer the program to certain
health professions students, and would increase the loan
repayment limit from $3,000 per year and a total of $20,000 to
$20,000 per year and a total of $50,000.
The House recedes.
Federal employees' compensation coverage for students participating in
certain officer candidate programs (sec. 655)
The Senate amendment contained a provision (sec. 642)
that would provide medical coverage to college students
participating in a Senior Reserve Officers' Training program or
the Marine Corps Platoon Leaders Course who are injured or
become ill while attending training on orders. The provision
would provide for medical coverage for injury or illness even
if incurred during non-duty hours, provided the injury or
illness is determined to be in the line of duty, as prescribed
by service regulations.
The House bill contained no similar provision.
The House recedes.
Relationship of enlistment bonuses to eligibility to receive Army
college fund supplement under Montgomery GI bill Educational
Assistance Program (sec. 656)
The Senate amendment contained a provision (sec. 619)
that would authorize the military services to offer both an
enlistment bonus and a college fund program to prospective
recruits in selected critically short specialities.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to provide financial assistance for education of certain
defense dependents overseas (sec. 657)
The Senate amendment contained a provision (sec. 643)
that would authorize the Secretary of Defense to provide
financial assistance to sponsors of dependents in overseas
areas in which the Department of Defense does not operate
schools.
The House bill contained no similar provision.
The House recedes.
Clarifications concerning payments to certain persons captured or
interned by North Vietnam (sec. 658)
The Senate amendment contained a provision (sec. 635)
that would authorize payments to the surviving parents or
siblings of Vietnamese commandos who were not married at the
time of their death.
The Senate amendment contained an additional provision
(sec. 636) that would clarify that payments to Vietnamese
commandos or their survivors must be paid directly to the
authorized recipient.
The House bill contained no similar provisions.
The House recedes with an amendment that would combine
the two provisions into a single provision.
Legislative Provisions Not Adopted
Voting rights of military personnel
The Senate amendment contained a provision (sec. 644)
that would amend the Soldiers' and Sailors' Civil Relief Act of
1940 to preclude a military member from losing a claim to state
residency for the purpose of voting in federal and state
elections because of absence due to military orders, and amend
the Uniformed and Overseas Citizens Absentee Voting Act to
require each state to permit absent military voters to use
absentee registration procedures and to vote by absentee ballot
in elections for state and local offices, in addition to
federal offices as provided in current law.
The House bill contained no similar provision.
The Senate recedes.
Title VII--Health Care Provisions
Legislative Provisions Adopted
Subtitle A--Health Care Services
Dependents' dental program (sec. 701)
The House bill contained a provision (sec. 721) that
would amend section 1076a(b)(2) of title 10, United States
Code, to allow for the cap on an enrolled member's share of the
monthly premium for the dependent dental program to be adjusted
annually for inflation.
The Senate amendment contained a provision (sec. 701)
that would establish an index under which an enrolled member's
monthly premium for the dependent dental plan could increase in
a manner not to exceed the percentage of the annual pay raise.
The House recedes with an amendment that would not
include the Dependent Dental Program within TRICARE and would
prohibit the Secretary of Defense from reducing the dependent
dental benefit without prior consultation with the Committee on
Armed Services of the Senate and the National Security
Committee of the House of Representatives.
Expansion of dependent eligibility under retiree dental program (sec.
702)
The House bill contained a provision (sec. 701) that
would amend section 1076c of title 10, United States Code, to
allow dependents of certain retired service members to enroll
in the retiree dental program even if the retired member does
not enroll in the program.
The Senate amendment contained no similar provision.
The Senate recedes.
Plan for redesign of military pharmacy system (sec. 703)
The House bill contained a provision (sec. 703) that
would require the Secretary of Defense to submit to the
Congress, by March 1, 1999, a plan for a system-wide redesign
of the military and contractor retail and mail-order pharmacy
system by incorporating the ``best business practices'' of the
private sector.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees intend that the uniform formulary be
considered the minimum and not the maximum inventory of drugs
that may be available through a military treatment facility.
The conferees expect that, if the military treatment facility
commander determines that the beneficiary population served by
that military treatment facility requires drugs that could be
provided in a more cost effective manner to the government
through the military treatment facility, the military treatment
facility commander must have the flexibility to add such drugs
to the formulary in that facility. The conferees instruct the
Secretary of Defense that the required pharmacy redesign plan
not include any proposal in which pharmacies in military
treatment facilities could charge fees or co-pays for active
duty personnel, nor for any formulary or equivalent generic
drug dispensed to any eligible beneficiary. The conferees do
not intend that any proposed pharmacy redesign would include
any proposal to permit retail pharmacies to purchase drugs at a
government rate.
Transitional authority to provide continued health care coverage for
certain persons unaware of loss of CHAMPUS eligibility (sec.
704)
The House bill contained a provision (sec. 704) that
would authorize the Secretary of Defense to extend temporarily
CHAMPUS eligibility to certain beneficiaries who may have been
unaware of their loss of eligibility for CHAMPUS coverage.
The Senate amendment contained a similar provision (sec.
704).
The Senate recedes.
Subtitle B--TRICARE Program
Payment of claims for provision of health care under the TRICARE
program for which a third party may be liable (sec. 711)
The House bill contained a provision (sec. 711) that
would amend section 1095 of title 10, United States Code, to
authorize the Secretary of Defense to allow TRICARE contractors
to pay certain provider claims for the provision of health care
services for accidental injury prior to seeking payment from
potential third-party payers.
The Senate amendment contained no similar provision.
The Senate recedes.
TRICARE prime automatic enrollments and retiree payment options (sec.
712)
The House bill contained a provision (sec. 712) that
would direct the Secretary of Defense to establish procedures
for the automatic enrollment in TRICARE Prime at a military
treatment facility for active-duty dependents residing within
the catchment area of the facility, would require advance
written notification of this enrollment, and would allow
enrolled family members to disenroll from Military Treatment
Facility TRICARE Prime at any time. The provision would also
permit retired service members to have any fees associated with
enrollment in TRICARE to be paid through an allotment from
their retired pay or via electronic funds transfer from a
financial institution.
The Senate amendment contained a similar provision (sec.
703).
The House recedes with an amendment that would permit
retired members enrolled in TRICARE Prime to pay enrollment
fees by allotment, electronic funds transfer or direct payment
on a monthly or quarterly basis, would permit automatic re-
enrollment for everyone who is enrolled in TRICARE Prime, and
would permit automatic enrollment in TRICARE Prime for
authorized family members of service members in grades E-4 and
below.
The conferees intend that service members be notified
that their authorized family members have been enrolled in
TRICARE Prime and advise them of the procedures to change the
enrollment if the automatic enrollment process did not properly
enroll their authorized family members. The conferees intend
that the Secretary of Defense establish procedures to notify
those beneficiaries enrolled in TRICARE Prime of the status of
their enrollment upon arrival at a new duty station to ensure
that the enrollment is appropriate. The conferees direct the
secretaries of the military departments to ensure that unit
commanders include TRICARE Prime enrollment as part of all
predeployment and permanent change of station inprocessing
procedures to ensure that service members are apprised of the
enrollment status of their authorized family members and the
procedures to modify the enrollment, if necessary. The
Secretary of Defense may establish the annual re-enrollment
date for those enrolled in TRICARE Prime as he determines to be
most efficient. The conferees do not necessarily intend that
the annual re-enrollment date be on the specific anniversary of
the initial enrollment.
System for tracking data and measuring performance in meeting TRICARE
access standards (sec. 713)
The House bill contained a provision (sec. 722) that
would require the Secretary of Defense to establish a system
for measuring military treatment facilities and TRICARE
contractors' performance in meeting the Department of Defense
standards for access to primary care services.
The Senate amendment contained no similar provision.
The Senate recedes.
Establishment of appeals process for claimcheck denials (sec. 714)
The House bill contained a provision (sec. 728) that
would require the Secretary of Defense, not later than November
1, 1998, to submit a proposal to establish an appeals process
in cases of denials through the Claim Check computer software
system of claims by civilian health care providers in TRICARE.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to establish an appeals process in
cases of denials of claims from a civilian health care provider
in TRICARE by any computer based software system and to report
to the Committee on Armed Services of the Senate and the
National Security Committee of the House of Representatives
when the appeals system is implemented.
Reviews relating to accessibility of health care under TRICARE (sec.
715)
The Senate amendment contained a provision (sec. 711)
that would require the Secretary of Defense to revise the
TRICARE policy manual to clarify that rehabilitative services
are available to a patient for a head injury when the treating
physician certifies that such services would be beneficial and
to review the adequacy of the provider network to determine
whether the networks include sufficient health care providers
and specialists.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to review the TRICARE policy manual to
determine whether the policies dealing with the availability of
rehabilitative services for patients suffering from head
injuries are adequate and address the consideration of
certification by an attending physician and report to the
Committee on Armed Services of the Senate and the National
Security Committee of the House of Representatives, not later
than April 1, 1999.
The conferees direct the Secretary of Defense to ensure
that the TRICARE policy manual is written in such a manner as
to be clear and easy to comprehend by health care providers and
others who may be involved in decisions concerning the
authorized coverage under TRICARE.
Subtitle C--Health-Care Services for Medicare-Eligible Department of
Defense Beneficiaries (secs. 721-724)
The House bill contained a provision (sec. 729) that
would authorize a three-year demonstration project under which
not more than 70,000 Medicare-eligible beneficiaries of the
Military Health Care System may enroll in the Federal Employees
Health Benefits Program (FEHBP). The provision would require
the Secretary of Defense and the Director of the Office of
Personnel Management to report to the Congress, not later than
39 months after the beginning of the test, on the effectiveness
of the demonstration. The Comptroller General would be required
to make a similar report within the same time frame as the
report of the Secretary of Defense.
The Senate amendment contained a provision (sec. 707)
that would authorize the Secretary of Defense to conduct three
health care demonstration projects in order to assess the
feasibility and advisability of providing health care to
certain Medicare-eligible beneficiaries of the Military Health
Care System. The demonstrations would begin not later than
January 1, 2000 and end not later than December 31, 2003. The
recommended provision would authorize: one demonstration
project in which Medicare-eligible beneficiaries of the
Military Health Care System would participate in the Federal
Employees Health Benefits Program; a second demonstration
project would create a TRICARE Senior Supplement program in
which Medicare-eligible beneficiaries of the Military Health
Care System could enroll; and a demonstration that would extend
the TRICARE mail order pharmacy benefit to Medicare-eligible
beneficiaries of the Military Health Care System.
The Senate recedes with an amendment that would limit the
FEHBP demonstration to not more than 66,000 participants,
require the Secretary of Defense to implement a redesigned
pharmacy benefit for Medicare-eligible DOD beneficiaries at two
sites, and include the TRICARE Senior Supplement demonstration
from the Senate amendment. The demonstrations and the
redesigned pharmacy benefit would begin not later than January
1, 2000. The FEHBP demonstration would begin during the FEHBP
open season for 2000. Implementation of the pharmacy redesign
would begin not later than October 1, 1999. The TRICARE Senior
Supplement would begin not later than January 1, 2000. The
demonstrations would end not later than December 31, 2002. The
Secretary of Defense, and in the case of the FEHBP
demonstration, the Director of the Office of Personnel
Management, would be required to report to the Congress not
later than December 31, 2002 on the costs, effectiveness, and
the feasibility of making the programs permanent. The
Comptroller General would be required to make similar reports
within the same time frame as the reports of the Secretary of
Defense. In addition, the Comptroller General would be required
to complete a comprehensive comparative analysis of the three
projects and report to the Congress not later than March 31,
2003.
The conferees expect that the Secretary of Defense will
strongly urge Medicare-eligible beneficiaries to participate in
Medicare Part B. The conferees note participation in Medicare
Part B is not required for eligibility in the FEHBP
demonstration; however, those who do not elect to participate
in Medicare Part B and later require Medicare benefits may be
required to pay a significant penalty.
The conferees expect that health benefit plans under
chapter 89 of title 5, United States Code, that participate in
the FEHBP demonstration project will establish separate
enrollment codes for self-only and self-and-family elections as
an essential element of the requirement to maintain a separate
risk pool for covered beneficiaries. Further, the conferees
expect the Secretary of Defense and the Director of the Office
of Management and Budget to seek the views of health plans that
desire to participate in the demonstration about any aspect
that the health plan believes would, in any way, prejudice the
results of the project. The report required of the Secretary of
Defense and the Director of the Office of Personnel Management
shall include verbatim, written views by any participating
health plan on the conduct of the demonstration project.
The conferees strongly believe that eligible
beneficiaries must receive accurate, objective, and timely
information from the Department of Defense about the
opportunity to enroll in a health benefits plan offered under
chapter 89 of title 5, United States Code, as well as the other
projects. The conferees direct the Secretary of Defense, after
consultation with the Director of the Office of Personnel
Management and with the participating health plans, to ensure
that an educational program is implemented that will provide
each eligible beneficiary with easily understandable
information concerning enrollment options, enrollment terms and
limitations, and any other information reasonably considered
essential to making an informed decision concerning
participation in a demonstration project.
As part of the TRICARE Senior Supplement demonstration,
the Secretary of Defense shall require participants to pay an
enrollment fee which may not exceed 75 percent of the total
subscription charges in a year for self-only or self-and-family
fee for service coverage under FEHBP. The conferees expect the
Secretary of Defense to use as the basis for determining the
enrollment fee the FEHBP plan that is comparable to the TRICARE
Extra benefit. The conferees do not expect that the FEHBP plan
selected as the base plan will be the most expensive plan, and
thus prejudice the demonstration project.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Process for waiving informed consent requirement for administration of
certain drugs to members of Armed Forces for purposes of a
particular military operation (sec. 731)
The Senate amendment contained a provision (sec. 713)
that would require that an investigational new drug or a drug
unapproved for its applied use not be administered to a member
of the armed forces unless the member provides prior consent.
The recommended provision would permit the Secretary of Defense
to request the President waive the requirement for prior
consent if the Secretary determines that obtaining consent is
not feasible, is contrary to the best interests of the members
involved, or is not in the best interests of national security.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that presidential approval,
Congressional reports, and prior written notice to the member
do not apply to Federal Drug Administration informed consent
exceptions applicable to standard medical practice in the
United States, as distinguished from informed consent
exceptions that relate specifically to military functions and
activities.
Health benefits for abused dependents of members of the armed forces
(sec. 732)
The Senate amendment contained a provision (sec. 712)
that would require the secretary concerned to provide an abused
dependent of a former member of a uniformed service with
medical and dental care during the period that the abused
dependent is receiving transitional compensation under section
1059 of title 10, United States Code.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Provision of health care at military entrance processing stations and
elsewhere outside medical treatment facilities (sec. 733)
The Senate amendment contained a provision (sec. 702)
that would extend the coverage of contract physicians by the
same malpractice litigation rules as other Department of
Defense health care providers. The provision would also extend
the authority of the Secretary of Defense to provide reasonable
attorney's fees in any litigation in which government attorneys
do not provide representation.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
current authority until December 31, 2000, and would require
the Secretary of Defense to conduct a test of alternative
methods for conducting medical screenings for enlistment
qualification and report the findings not later than March 1,
2000.
Professional qualifications of physicians providing military health
care (sec. 734)
The House bill contained a provision (sec. 726) that
would require the secretary of a military department to ensure
that each military physician holds an unrestricted medical
license. The House bill also contained a provision (sec. 727)
that would require the Secretary of Defense to establish a
mechanism to ensure that each military physician completes the
continuing medical education requirements applicable to their
medical specialty.
The Senate amendment contained a single provision (sec.
708) similar to the two provisions in the House bill.
The House recedes with a clarifying amendment.
Subtitle E--Other Matters
Enhanced Department of Defense organ and tissue donor program (sec.
741)
The Senate amendment contained a provision (sec. 705)
that would require the Secretary of Defense, the secretaries of
the military departments, and the Surgeons General to enhance
the support for organ and tissue donor elections made by
service members.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that service members are provided with appropriate information
about organ and tissue donation and are afforded the
opportunity to elect to be a donor subsequent to completion of
initial training, but prior to their first duty assignment.
Authorization to establish a Level One Trauma Training Center (sec.
742)
The House bill contained a provision (sec. 724) that
would authorize the Secretary of the Army to establish a Level
One Trauma Training Center in accordance with the American
College of Surgeons standards for trauma centers.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to establish center for study of post-deployment health
concerns of members of the armed forces (sec. 743)
The Senate amendment contained a provision (sec. 709)
that would require the Secretary of Defense to contract with an
independent organization to assess the feasibility and
advisability of establishing an independent entity to evaluate
and monitor interagency coordination of issues related to the
post-deployment health concerns of members of the armed forces
and to report to the Congress on the results of the assessment
not later than one year after the enactment of this act.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to establish a center devoted to a
longitudinal study to evaluate information on the health
conditions of members of the armed forces upon their return
from deployment on military operations in order to rapidly
identify trends in illnesses or injuries among such members.
Report on implementation of enrollment-based capitation for funding for
military medical treatment facilities (sec. 744)
The House bill contained a provision (sec. 725) that
would require the Secretary of Defense to report to the
Congress, by March 1, 1999, on the potential impact of using an
enrollment-based capitation methodology to allocate funds to
military medical treatment facilities.
The Senate amendment contained no similar provision. The
Senate recedes.
Joint Department of Defense and Department of Veterans Affairs reports
relating to interdepartmental cooperation in the delivery of
medical care (sec. 745)
The Senate amendment contained a provision (sec. 706)
that would require the Secretary of Defense and the Secretary
of Veterans Affairs to conduct a joint survey of their
respective beneficiary populations to identify, by category of
individual, the expectations of, requirements for, and behavior
patterns of those populations regarding medical care. The
provision would require this collaborative effort be developed
jointly and administered by an independent entity.
Additionally, this provision would require the Secretaries of
Defense and Veterans Affairs to review all applicable statutes,
regulations, policies and beneficiary attitudes that may
preclude or limit cooperative health care programs, including
the sharing of facilities and other resources, between the
Department of Defense and the Department of Veterans Affairs.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the joint survey need not include information that is
currently available from other sources and that the secretaries
report all required information to the Committee on Armed
Services of the Senate and the National Security Committee of
the House of Representatives.
The conferees intend that the required pharmaceutical
review be oriented toward identifying ways to improve
cooperative arrangements between the Department of Defense and
the Department of Veterans Affairs. The conferees do not
support expanding government pricing for drugs to non-
government entities.
Report on research and surveillance activities regarding Lyme disease
and other tick-borne diseases (sec. 746)
The Senate amendment contained a provision (sec. 710)
that would authorize $3.0 million within the Defense Health
Program to be used for research and surveillance activities
related to Lyme disease and other tick-borne diseases.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to report to the Committee on Armed
Services of the Senate and the National Security Committee of
the House of Representatives on the impact of Lyme disease and
other tick-borne diseases on military readiness and the efforts
within the Department of Defense to prevent, identify, and
treat such diseases.
Legislative Provisions Not Adopted
Plan for provision of health care for military retirees and their
dependents comparable to health care provided under TRICARE
Prime
The House bill contained a provision (sec. 702) that
would require the Secretary of Defense to submit to the
Congress, by March 1, 1999, a plan for ensuring that military
retirees, including Medicare-eligible retirees, and their
dependents have access to health care benefits comparable to
those offered through TRICARE Prime, the managed-care option of
the TRICARE program.
The Senate amendment contained no similar provision.
The House recedes.
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
Legislative Provisions Adopted
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Limitation on use of price preference upon achievement of contract goal
for small and disadvantaged businesses (sec. 801)
The Senate amendment contained a provision (sec. 803)
that would condition the use of the 10 percent price preference
criteria in section 2323 of title 10, United States Code, on
the failure of the Department of Defense (DOD) to achieve the
goal in the section during the prior fiscal year.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The amendment would clarify that the limitation on the
use of the price preference applies only to the DOD and would
specify procedures for implementing a suspension of the use of
the price preference.
Distribution of assistance under the procurement technical assistance
cooperative agreement program (sec. 802)
The Senate amendment contained a provision (sec. 804)
that would amend section 2413 of title 10, United States Code,
and repeal section 2415, United States Code, to recognize the
change in the Department of Defense contract administration
structure.
The House bill contained no similar provision.
The House recedes with an amendment that would retain
section 2415 and amend sections 2413 and 2415 by striking
``region'' and inserting ``district''.
Defense commercial pricing management improvement (sec. 803)
The Senate amendment contained a provision (sec. 805)
that would require the Federal Acquisition Regulation (FAR) be
revised to provide guidelines that would ensure price
reasonableness in sole-source commercial item purchases. The
FAR would also be revised to clarify issues such as the
appropriate use of different types of informationfor
establishing such price reasonableness.
The provision would also require the Secretary of Defense
to establish procedures to ensure that, to the maximum extent
practicable, sole-source spare parts purchases are negotiated
through corporate contracts by single contracting officers or
item managers to ensure that the government receives maximum
leverage for the size of its purchases and to ensure that
catalog discount issues and price reasonableness determinations
are not treated in an isolated or piecemeal fashion. Finally,
the provision would require the Secretary of Defense to
establish a system for tracking price trends in spare parts in
order to isolate categories of items that require further
management attention. The provision would provide the Secretary
of Defense with the discretion to set up such a system in a
manner that would ensure minimal burden on the acquisition
system and proper management.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the information to be considered in determining price
reasonableness, the role of support organizations in the
Department of Defense, and the reporting requirements
applicable to the price trend analyses.
The conferees intend that these regulatory changes
address the types of abuses uncovered in recent audits
conducted by the Department of Defense (DOD) Inspector General
on sole source commercial spare parts purchases by the DOD. The
conferees do not intend this provision to impede implementation
of the general federal government policy stated in the Federal
Acquisition Streamlining Act of 1994 and the Federal
Acquisition Reform Act of 1996 of relying on the commercial
sector to an increasing extent for goods and services.
Modification of senior executives covered by limitation on allowability
of compensation for certain contractor personnel (sec. 804)
The Senate amendment contained a provision (sec. 813)
that would revise the definition of the term ``senior
executive'' for purposes of the limitation on allowability of
compensation for certain contractor personnel.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the revised definition applies to costs incurred after
January 1, 1999, under covered contracts.
Separate determinations of exceptional waivers of truth in negotiation
requirements for prime contracts and subcontracts (sec. 805)
The Senate amendment contained a provision (sec. 814)
that would allow the heads of agencies to waive the
requirements under the Truth in Negotiations Act that
subcontractors provide certified cost and pricing data in cases
where such requirements have been waived for prime contractors
due to a determination of exceptional circumstances.
The House bill contained no similar provision.
The House recedes with a clarifying amendment concerning
the organizational waiver level.
The conferees agree that the term ``exceptional
circumstances'' requires more than the belief that it may be
possible to determine the contract price to be fair and
reasonable without the submission of certified cost and pricing
data. For example, a waiver may be appropriate in circumstances
where it is possible to determine price reasonableness without
cost or pricing data and the contracting officer determines
that it would not be possible to enter into a contract with a
particular contractor in the absence of a waiver. The conferees
direct the Department of Defense to work with the appropriate
executive branch officials to clarify the situations in which
an exceptional circumstance waiver may be granted.
Procurement of conventional ammunition (sec. 806)
The House bill contained a provision (sec. 801) that
would require that ammunition or ammunition components procured
by the Department of Defense (DOD) be acquired from domestic
sources pursuant to section 2534 of title 10, United States
Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would assign to
the single manager for conventional ammunition in the DOD the
authority to restrict the procurement of conventional
ammunition to the national technology and industrial base. The
amendment would also require the single manager for
conventional ammunition to limit specific procurements, in
accordance with section 2304(c)(3) of title 10, United States
Code, in cases where it is determined that doing so is
necessary to maintain a facility, producer, manufacturer, or
other supplier available for furnishing an essential item of
ammunition or ammunition component in cases of national
emergency or to achieve industrial mobilization.
This provision supersedes existing guidance issued by the
DOD as it relates to the procurement of ammunition from
domestic sources. The conferees direct the Department of the
Army to issue new guidance to replace the DOD guidance
superseded by this provision. The conferees intend that the
determination specified in the provision be conducted within
the Department of the Army using procedures prescribed by the
Secretary of the Army.
Para-aramid fibers and yarns (sec. 807)
The Senate amendment contained a provision (sec. 801)
that would authorize the Secretary of Defense to procure
articles containing para-aramid fibers and yarns manufactured
in a foreign country that is a party to defense memorandum of
understanding, if such country allows U.S. manufacturers of
that product to compete for sales to that foreign country.
The House bill contained no similar provisions.
The House recedes with an amendment that would allow the
Secretary of Defense to procure articles containing yarns and
fibers manufactured in a country with whom the United States
has a defense memorandum of understanding upon making a
determination described inthe provision.
Clarification of responsibility for submission of information on prices
previously charged for property or services offered (sec. 808)
The Senate amendment contained a provision (sec. 816)
that would amend the Truth in Negotiations Act to clarify
requirements for contractors to provide appropriate price
information required by federal contracting officers to
determine price reasonableness.
The House bill contained no similar provision.
The House recedes with an amendment that would require
that the Federal Acquisition Regulation (FAR) be amended to
provide that compliance with the requirement to submit data
shall be a condition for an offer or to be eligible to enter
into a contract or subcontract, subject to such exceptions as
the Federal Acquisition Regulatory Council determines
appropriate. The conferees intend that any exceptions to the
requirement to submit price-related information be limited to
those situations that are clearly specified in the FAR pursuant
to this provision.
Nothing in this section would require any contractor to
submit certified cost or pricing data, to comply with the Cost
Accounting Standards, or to comply with the contract cost
principles, if the contractor is not otherwise required to do
so. The conferees do not intend this provision to require any
revision to the FAR except to the extent specifically required
by subsections (c) and (d).
Amendments and study relating to procurement from firms in industrial
base for production of small arms (sec. 809)
The House bill contained a provision (sec. 803) that
would amend section 2473 of title 10, United States Code, to
require the Secretary of Defense to procure all small arms end
items, small arms repair parts, modifications to improve small
arms, and repair parts consisting of small arms barrels, bolts
and receivers from the small arms production industrial base.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
specified small arms purchases be made only from a firm in the
small arms industrial base unless the Secretary determines,
with a regard to a particular procurement, that such
requirement is not necessary to preserve the small arms
industrial base. The requirements under section 2473 would
apply to procurement of repair parts for or modifications to
improve the M16 series rifle, the MK19 grenade machine gun, the
M4 series carbine, the M240 series machine gun, and the M249
squad automatic weapon. The amendment would also require the
Secretary of the Army to conduct a study under the auspices of
the Army Science Board to examine whether the requirements of
section 2473 should be expanded in specified ways and
authorizes the Secretary to do so based on the recommendations
of the Army Science Board. The conferees expect the completion
of the Army Science Board study, including recommendations, no
later than 180 days after the date of enactment of this Act.
Subtitle B--Other Matters
Eligibility of involuntarily downgraded employee for membership in an
acquisition corps (sec. 811)
The House bill contained a provision (sec. 802) that
would enable civilian members of the Defense Acquisition Corps
who are reduced in grade due to a base closing or downsizing to
retain their membership in the Acquisition Corps for the
purposes of the Defense Acquisition Workforce Improvement Act.
The Senate amendment contained a similar provision (sec.
809).
The House recedes.
Time for submission of annual report relating to Buy American Act (sec.
812)
The House bill contained a provision (sec. 804) that
would reduce the time for the submission of the annual report
relating to the Buy American Act required in section 827 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201) from 90 to 60 days after the end of the fiscal
year.
The Senate amendment contained no similar provision.
The Senate recedes.
Procurement of travel services for official and unofficial travel under
one contract (sec. 813)
The Senate amendment contained a provision (sec. 802)
that would allow the procurement of travel services under one
contract for both official and unofficial travel.
The House bill contained no similar provision.
The House recedes.
Department of Defense purchases through other agencies (sec. 814)
The Senate amendment contained a provision (sec. 806)
that would require the Secretary of Defense to revise
regulations issued pursuant to section 844 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160), which cover all purchases of goods and services by the
Department of Defense under so-called ``multiple award task
order and delivery order contracts'' entered into or
administered by any other agency.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Supervision of defense acquisition university structure by Under
Secretary of Defense for Acquisition and Technology (sec. 815)
The Senate amendment contained a provision (sec. 807)
that would specify that the responsibility for the
establishment of policy and requirements for educational
programs of the defense acquisition university be vested in the
Under Secretary of Defense for Acquisition and Technology.
The House bill contained no similar provision.
The House recedes.
Pilot programs for testing program manager performance of product
support oversight responsibilities for life cycle of
acquisition programs (sec. 816)
The Senate amendment contained a provision (sec. 810)
that would require the Secretary of Defense to designate 10
programs for which the program manager will be made responsible
for the life cycle cost issues through the life of the program.
The Secretary would be required to report, no later than
February 1, 1999, to the congressional defense committees on
the 10 programs and to include any policy, regulatory,
organizational, or legislative changes that would be required
to fully implement this new approach to life cycle cost
management.
The House bill contained no similar provision.
The House recedes.
The conferees direct that the Secretary of Defense
include in the report to the Congress on the pilot program
candidates a discussion of the appropriate point in the
acquisition cycle for life cycle cost management to transition
from the program manager to the logistics organizations of the
services.
Scope of protection of certain information from disclosure (sec. 817)
The Senate amendment contained a provision (sec. 811)
that would amend section 2371 of title 10, United States Code,
to clarify that certain information submitted by outside
parties in cooperative agreements for basic, applied, and
advanced research are protected from disclosure under section
552 of title 5, United States Code.
The House bill contained no similar provision.
The House recedes.
Plan for rapid transition from completion of small business innovative
research into defense acquisition programs (sec. 818)
The Senate amendment contained a provision (sec. 812)
that would require the Secretary of Defense to develop a plan
for facilitating a rapid transition for successfully completed
research under the Small Business Innovative Research (SBIR)
program into defense acquisition programs.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the elements of the plan and the procedures for preparing and
transmitting the plan to the Congress.
Five-year authority for the Secretary of the Navy to exchange certain
items (sec. 819)
The Senate amendment contained a provision (sec. 815)
that would authorize the Secretary of the Navy to enter into a
barter agreement during fiscal years 1999 through 2003 to
exchange vehicles for repair and remanufacture of ribbon
bridges for the Marine Corps.
The House bill contained no similar provision.
The House recedes.
Permanent authority for use of major test range and test facility
installations by commercial entities (sec. 820)
The Senate amendment contained a provision (sec. 217)
that would amend section 2681 of title 10, United States Code,
to make the temporary authority to permit commercial use of
test and evaluation centers permanent.
The House bill contained no similar provision.
The House recedes.
Inventory exchange authorized for certain fuel delivery contract (sec.
821)
The Senate amendment contained a provision (sec. 817)
that would require the Secretary of Defense to submit to
Congress no later than December 1, 1998 a report recommending
alternative means for a small and disadvantaged business that
delivers by barge to Defense Energy Supply Point-Anchorage
under a contract with the Defense Energy Supply Center to
fulfill its contractual obligations and not lose its small and
disadvantaged business status when ice conditions in the Cook
Inlet threaten the physical delivery of such fuel. The
provision would also provide that such small and disadvantaged
business could not lose its small and disadvantaged business
status through February 1999 if ice conditions in the Cook
Inlet prevent deliveries of bulk fuel and the Secretary of
Defense determines that effects of such inability to deliver
would result in an inequity to the supplier.
The House bill contained no similar provision.
The House recedes with an amendment that would eliminate
the requirement for a report from the Secretary of Defense and
clarify that the provision would in no case authorize a barrel-
for-barrel exchanges totaling more than 15 percent of the total
amount of bulk fuel under a contract. The amendment would also
clarify that the authority under the section does not affect
the requirement that a contractor otherwise fulfill its
contractual obligations.
Legislative Provisions Not Adopted
Study on increase in micro-purchase threshold
The House bill contained a provision (sec. 805) that
would require the Comptroller General to conduct a study to
assess the impact of the current micro-purchase program and the
advisability ofincreasing the micro-purchase threshold to
$10,000 under section 32 of the Office of Federal Procurement Policy
Act.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that a thorough analysis of any
proposal to raise the micropurchase threshold, including the
impact on small business participation in contracting, must be
provided to the Congress by the Department of Defense before
such a change can be considered.
Repeal of requirement for Director of Acquisition Education, Training,
and Career Development to be within the Office of the Under
Secretary of Defense for Acquisition and Technology
The Senate amendment contained a provision (sec. 808)
that would remove the requirement that the Director of
Acquisition Education, Training, and Career Development be
appointed within the Office of the Under Secretary of Defense
for Acquisition and Technology.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that the issue of the status of the
director of acquisition education, training, and career
development should be deferred until the Department of Defense
has clarified the future role of the Office of the Under
Secretary of Acquisition and Technology in the planning and
execution of higher education for acquisition professionals in
the Department of Defense.
Title IX--Department of Defense Organization and Management
Legislative Provisions Adopted
Subtitle A--Department of Defense Officers and Organization
Reduction in number of Assistant Secretary of Defense positions (sec.
901)
The Senate amendment contained a provision (sec. 901)
that would codify the reductions in the number of assistant
secretaries of defense announced by the Secretary of Defense as
part of the Defense Reform Initiative. Specifically, the
recommended provision would reduce the number of assistant
secretaries of defense from ten to nine.
The House bill contained no similar provision.
The House recedes.
Repeal of statutory requirement for position of Assistant Secretary of
Defense for Command, Control, Communications and Intelligence
(sec. 902)
The Senate amendment contained a provision (sec. 902)
that would rename the Assistant Secretary of Defense for
Command, Control, Communications, and Intelligence (ASD-C3I) to
the Assistant Secretary of Defense for Space and Information
Superiority, and change the statutorily designated duties
associated with this position.
The House bill contained no similar provision.
The House recedes with an amendment that would repeal
section 138(b)(3) of title 10, United States Code.
The Secretary of Defense recently announced a number of
organizational changes to the Office of the Secretary of
Defense pursuant to the Defense Reform Initiative. Among these
changes is a significant modification of the office of the ASD-
C3I. As a result, the current title no longer describes the
full range of responsibilities of this office, nor adequately
identifies its functional priorities. The conferees endorse the
new title ``Assistant Secretary of Defense for Space and
Information Superiority''.
The conferees continue to support a ``single focal point
for space'' in the Department of Defense, and believe that
there are synergies to be gained by linking this function with
the Department's information superiority activities. The
conferees note that, although there is a significant degree of
overlap between ``information superiority'' and ``space'',
these two functional areas also have many unique aspects that
deserve significant focused attention. Therefore, the conferees
endorse the Secretary's decision to include the term ''space''
in the revised title of this important position.
The conferees note that the Assistant Secretary for Space
and Information Superiority will be responsible for some of the
most critical issues facing the Department of Defense,
including space policy, information assurance, information
operations, intelligence policy, command, control,
communications, surveillance, reconnaissance, the ``year 2000''
problem, and electromagnetic spectrum issues. The conferees
believe that one of the most significant challenges facing the
Assistant Secretary will be the integration and mutual
leveraging of the various elements that he will supervise.
Independent task force on transformation and Department of Defense
organization (sec. 903)
The House bill contained a provision (sec. 905) that
would require the Secretary of Defense to create a task force
of the Defense Science Board for the purpose of determining the
appropriate organization of the Department of Defense in light
of the ongoing transformation in the conduct of war. The task
force would be established not later than November 1, 1998 and
the Secretary should transmit the findings of the task force
along with recommendations and comments to the Congress by
March 1, 1999.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Authority to expand the National Defense University (sec. 904)
The Senate amendment contained a provision (sec. 903)
that wouldpermit the Secretary of Defense to designate, as he
considers appropriate, educational institutions of the Department of
Defense as institutions of the National Defense University.
The House bill contained no similar provision.
The House recedes.
Center for Hemispheric Defense Studies (sec. 905)
The Senate amendment contained a provision (sec. 909)
that would authorize funds available within the Latin American
cooperation authority be used for the operation of the Center
for Hemispheric Defense Studies.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Restructuring of administration of Fisher Houses (sec. 906)
The House bill contained a provision (sec. 308) that
would authorize appropriations from the Fisher House Trust
Funds for use in the operation and maintenance of the Fisher
Houses of the Army, Navy, and Air Force.
The Senate amendment contained a provision (sec. 907)
that would repeal section 2221 of title 10, United States Code,
and direct the secretaries of the military departments to
establish a nonappropriated fund in each department as the
single source of funding to operate, maintain, and improve the
Fisher Houses and Fisher Suites, and to close each Fisher House
Trust Fund and transfer the amounts in the Fund to the
respective nonappropriated fund.
The House recedes with a clarifying amendment.
Management reform for research, development, test and evaluation
activities (sec. 907)
The Senate amendment contained a provision (sec. 906)
that would require the Department of Defense to conduct a
cross-service analysis and a plan for restructuring and
revitalization of the Department of Defense laboratories and
test and evaluation (T&E) centers. The provision would also
require that the Department develop a plan and schedule for
establishing a cost-based management information system for
identifying and comparing costs among the services' labs and
T&E centers.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Department to analyze opportunities to improve efficiency
and reduce duplication by designating responsibilities by lead
agencies or executive agent, by area or function, or by other
streamlining initiatives. The amendment would also strike
sections (2)(D) and (2)(E) of the Senate provision. The
conferees agree that the Department should explore options for
an alternative management structure for T&E. The conferees
agree that the lessons learned in personnel demonstration
projects and pilot projects should be considered in any plan to
restructure or reengineer the laboratories and test centers.
Subtitle B--Department of Defense Financial Management
Improved accounting for defense contract services (sec. 911)
The House bill contained a provision (sec. 906) that
would require the Department of Defense to make numerous
changes to the way they request funds for advisory and
assistance services. The provision would require the
Comptroller of the Department of Defense to conduct an
assessment of the total non-Federal effort that resulted from
the performance of all contracts for such services during the
previous, current and following fiscal year. The provision
would also prohibit the Department from classifying more than
15 percent of its contractual services in a miscellaneous
budget category but would allow the Department to report 30
percent in its fiscal year 2000 budget as miscellaneous. In
addition, the provision would codify the definition of advisory
and assistance services to include; management and professional
support services; studies, analyses, and evaluations; and,
engineering and technical services. Finally, the provision
would reduce the amount of funding that was budgeted for these
services by $500.0 million.
The Senate had no similar provision.
The Senate recedes with an amendment that would strike
the requirement for the Comptroller of the Department of
Defense to conduct an assessment of the total non-Federal
effort that resulted from the performance of all contracts for
such services during the previous fiscal year, and the total
non-Federal effort that will result from the performance of all
contracts for such services during the current fiscal year. The
amendment would codify the definition of advisory and
assistance services to that currently contained in the
Department of Defense's directive, and would reduce the cut to
these services to $240.0 million.
Report on Department of Defense financial management improvement plan
(sec. 912)
The Senate amendment contained a provision (sec. 1022)
that would require the Comptroller General to report to the
congressional defense committees on the Department's financial
management improvement plan required by section 2222 of title
10, United States Code.
The House bill contained no similar provision.
The House recedes.
Study of feasibility of performance of Department of Defense finance &
accounting functions by private sector sources or other Federal
sources (sec. 913)
The Senate amendment contained a provision (sec. 1023)
that would require the Department of Defense to study the
finance and accounting functions within the Department to
assess the potential forconsolidation and possible competition
of these functions.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Limitation on reorganization and consolidation of operating locations
of the Defense Finance and Accounting Service (sec. 914)
The Senate amendment contained a provision (sec. 1024)
that would require the Secretary of Defense to study and define
future workload requirements for each of the finance and
accounting operating locations (OPLOCs) of the Defense Finance
and Accounting Service, and determine whether excess capacity
exists. The provision would also require that the study be
submitted to the congressional defense authorization committees
by December 15, 1998, and that no OPLOCs could be closed until
six months after the submission of this study.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
date for the submission of the study to the Congress to January
15, 1999 and delay the closing of any OPLOCs until 90 days
after the submission of the study.
Annual report on resources allocated to support and mission activities
(sec. 915)
The House bill contained a provision (sec. 1031) that
would require the Secretary of Defense to provide in his annual
report to the Congress a description of the personnel and
budetary resources dedicated to support activities as compared
to mission-related activities. This provision would also
require the same information for the prior five years. The
provision would also require a listing of the number of
military and civilian personnel assigned to headquarters
activities as a percentage of military end-strength for the
past 10 years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the headquarters numbers to be provided for the past five
years, and would require the Secretary to submit to the
Congress the definition of ``support'' and ``mission''
activities that the Secretary will use in the development of
the report.
Subtitle C--Joint Warfighting Experimentation
Findings concerning joint warfighting experimentation (sec. 921)
The Senate amendment contained a provision (sec. 1201)
that would make congressional findings that provide the
historical and policy basis for the need to conduct joint
warfighting experimentation.
The House bill contained no similar provision.
The House recedes with an amendment that would abbreviate
the description of the basis for the need to conduct joint
warfighting experimentation.
Sense of Congress concerning joint warfighting experimentation (sec.
922)
The Senate amendment contained a provision (sec. 1202)
that would express a sense of the Congress on the importance of
designating a commander with the mission for joint warfighting
experimentation, a sense of the Congress that such commander
should be provided with adequate resources and authority to
effectively conduct such experimentation, and a sense of the
Congress that the Congress should review the process of
military transformation, as evidenced by the results of such
experimentation, and if the process is determined inadequate,
to consider legislation that would ensure the effective conduct
of joint warfighting experimentation.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
sense of the Congress related to the commander's authority by
abbreviating the enumeration of such authorities.
Reports on joint warfighting experimentation (sec. 923)
The Senate amendment contained a provision (sec. 1203)
that would require the commander designated to conduct joint
warfighting experimentation to submit comprehensive initial and
annual reports, through the Secretary of Defense to Congress on
such experimentation.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the designated commander to report on changes in his authority
to develop or acquire equipment, supplies or services that
relate directly to joint warfighting experimentation.
Subtitle D--Other Matters
Further reductions in defense acquisition and support workforce (sec.
931)
The House bill contained a provision (sec. 901) that
would reduce the defense acquisition workforce, as defined in
section 912(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85), by a total of 70,000 over
three years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The amendment would limit the reduction to 25,000
personnel positions in fiscal year 1999 and would authorize the
Secretary of Defense to waive up to 12,500 upon a certification
by the Secretary that reducing a greater number of such
positions would be inconsistent with the cost-effective
management of the defense acquisition system to obtain best
value equipment and with ensuring military readiness.
The reduction would apply to positions in the defense
acquisition and support workforce and limit the reduction of
core acquisition workforce positions to a level proportional
with other occupational elements in the larger defense
acquisition and support workforce.
Limitation on operation and support funds for the Office of the
Secretary of Defense (sec. 932)
The House bill contained a provision (sec. 902) that
would limit the obligation of funds for the Office of the
Secretary of Defense to 90 percent of the appropriated level
for that office until such time as the Secretary submits the
reports that were required by section 904(b) of the National
Defense Authorization Act for Fiscal Year 1997, and sections
911(b) and 911(c) of the National Defense Authorization Act for
Fiscal Year 1998.
The Senate amendment contained no similar provision.
The Senate recedes.
Clarification and simplification of responsibilities of inspectors
general regarding whistleblower protections (sec. 933)
The House bill contained a provision (sec. 908) that
would modify certain requirements relating to inspector general
investigations of reprisal complaints.
The Senate amendment contained a provision (sec. 1053)
that would modify the same requirements in a different manner,
and amend certain other requirements imposed upon inspector
general investigations of such complaints.
The House recedes with an amendment.
Repeal of requirement relating to assignment of tactical airlift
mission to reserve components (sec. 934)
The House bill contained a provision (sec. 907) that
would repeal section 1438 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510), which requires
the Department of Defense to shift the tactical airlift mission
to the reserves, unless the Secretary of Defense waives this
requirement on annual basis.
The Senate amendment contained no similar provision.
The Senate recedes.
Consultation with Marine Corps on major decisions directly concerning
Marine Corps aviation (sec. 935)
The House bill contained a provision (sec. 909) that
would direct the Secretary of the Navy to 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
on a matter that concerns Marine Corps aviation systems
acquisition or support.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make the
provision more generic.
Legislative Provisions Not Adopted
Revision to defense directive relating to management headquarters and
headquarters support activities
The House bill contained a provision (sec. 903) that
would require the Department of Defense to implement a revised
directive, to be applied uniformly throughout the Department,
that accounts for management headquarters personnel by function
rather than organization.
The Senate amendment contained no similar provision.
The House recedes.
Report on individuals employed in private sector who provide services
under contract for the Department of Defense
The House bill contained a provision (sec. 910) that
would require the Secretary of Defense to provide an annual
report to the Congress that would outline the quantity, costs,
and value of services that are provided to the Department of
Defense by non-Federal workers.
The Senate amendment contained no similar provision.
The House recedes.
The conferees understand that significant cost would be
incurred by the Department in establishing a new system to
annually track the quantity and value of non-Federal contract
services. Therefore, the conferees direct the Department, to
the extent practicable, using only existing personnel and
contracting systems, to report to the Committee on Armed
Services of the Senate and the National Security Committee of
the House of Representatives by April 15, 1998, the number of
work year equivalents performed by individuals employed by non-
Federal entities providing services to the Department,
categorized by Federal supply class code, the appropriation
from which the contract was funded, and the major
organizational element procuring the services.
Reduction in Department of Defense headquarters staff
The Senate amendment contained a provision (sec. 904)
that would codify the reductions in the Department of Defense
headquarters staff announced by the Secretary of Defense as
part of the Defense Reform Initiative. Specifically, the
recommended provision would require the Office of the Secretary
of Defense to reduce by 33 percent; defense agencies to reduce
by 21 percent; Department of Defense field activities to reduce
by 36 percent; the Joint Staff to reduce by 29 percent; the
headquarters of the combatant commands and associated
activities to reduce by seven percent; and other headquarters
elements, including the headquarters of the military
departments and their major commands and associated activities
to reduce by 29 percent. The recommended provision would
require the Secretary of Defense to submit, not later than
March 1, 1999, a plan to implement the directed personnel
reductions.
The House bill contained no similar provision.
The Senate recedes.
Permanent requirement for quadrennial defense review
The Senate amendment contained a provision (sec. 905)
that would make permanent the requirement for a Quadrennial
Defense Review and the National Defense Panel.
The House bill contained no similar provision.
The Senate recedes.
To redesignate the position of Director of Defense Research and
Engineering, abolish the position of Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological Defense
Programs, and transfer the duties of the latter position to the
former position
The Senate amendment contained a provision (sec. 908)
that would redesignate the position of Director of Defense
Research and Engineering, abolish the position of Assistant to
the Secretary of Defense for Nuclear and Chemical and
Biological Defense and transfer certain duties to the new
organization.
The House bill contained no similar provision.
The Senate recedes.
The Nuclear Weapons Council is a statutorily mandated
body consisting of Department of Defense and Department of
Energy members. The Council has specific responsibilities to
ensure the safety and reliability of the Nation's nuclear
weapons stockpile. The Assistant to the Secretary of Defense
for Nuclear and Chemical and Biological Defense Programs is the
primary Department of Defense focal point for nuclear weapons
matters, and reports directly to the Secretary of Defense. This
position also serves as the executive director of the Nuclear
Weapons Council. Unfortunately, this important position has
been vacant for many months. The conferees are concerned that,
as a result of this position being vacant for an extended
period of time, nuclear weapons matters and issues associated
with maintaining the U.S. nuclear deterrent are not receiving
the attention they deserve. The conferees urge the President to
submit to the Senate, for advice and consent, a nomination as
soon as possible.
Military aviation accident investigations
The Senate amendment contained a provision (sec. 910)
that would require the Secretary of Defense to establish a task
force to review the procedures used by the Department of
Defense to conduct military aviation accident investigations
and to identify mechanisms for improving such investigations.
The provision would also require the Secretary of Defense to
prescribe uniform regulations that would provide for the
release of reports on the accident investigation to the family
members of those involved in the accident.
The House bill contained no similar provision.
The Senate recedes.
Title X--General Provisions
Legislative Provisions Adopted
Subtitle A--Financial Matters
Transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that
would provide the authorization for reprogramming involving the
transfer of authorization between the amounts authorized in
Division A of the Act.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Incorporation of classified annex (sec. 1002)
The House bill contained a provision (sec. 1002) that
would incorporate the classified annex prepared by the
Committee on National Security into this Act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment that would
provide that the classified annex prepared by the committee of
conference be incorporated into this Act.
Authorization of prior emergency supplemental appropriations for fiscal
year 1998 (sec. 1003)
The Senate amendment contained a provision (sec. 1003)
that would authorize the emergency supplemental appropriations
enacted in the 1998 Supplemental Appropriations and Rescissions
Act (Public Law 105-174). This Act provided funding for fiscal
year 1998 expenses related to military operations in Southwest
Asia, Bosnia, and for natural disasters.
The House bill contained no similar provision.
The House recedes.
Authorization of appropriations for Bosnia peacekeeping operations for
fiscal year 1999 (sec. 1004)
The Senate amendment contained a provision (sec. 1002)
that would provide emergency authorization of $1.9 billion to
fund U.S. participation in Bosnia peacekeeping operations for
fiscal year 1999.
The House bill contained a provision (sec. 1201) that
would not authorize additional funding for U.S. participation
in Bosnia peacekeeping operations, and would limit the
Secretary of Defense from expending funds appropriated to the
Department of Defense for fiscal year 1999 in excess of $1.9
billion. The provision would provide for an emergency exception
of not more than $100.0 million for the purpose of safeguarding
U.S. Forces in the event of hostilities, and would require the
Secretary of Defense to submit a report to the Congress by
April 1, 1999 on the need for any additional funds required for
Bosnia operations in fiscal year 1999.
The conferees agree to a provision that would provide
emergency authorization of $1.9 billion to fund operations in
Bosnia for fiscal year 1999, but would limit funding to the
amounts authorized in thissection. The President may waive this
limitation after submitting to the Congress a certification that the
waiver is based on the national interest and will not adversely affect
the readiness of U.S. Military Forces. In conjunction with the
certification, the President must submit a request for supplemental
appropriations to fund the increased costs and a report. The report
submitted with the certification must contain the reasons for the
waiver, the specific reasons the additional funds are required, and a
discussion of the readiness impact of the continued deployment of the
U.S. Military Forces in Bosnia or supporting Bosnia peacekeeping
operations.
Partnership for Peace information system management (sec. 1005)
The budget request included $2.0 million for the
Partnership for Peace Information Management System (PIMS) (PE
1001017D8Z).
The Senate amendment contained a provision (sec. 1004)
that would make $5.0 million available in defense-wide
activities for the Partnership for Peace Information Management
System (PIMS) in the following amounts: $3.0 million in section
301 and $2.0 million in section 201(4) of this Act.
The House bill contained no similar provision, but would
recommend the budget request for operation and maintenance and
would recommend an increase of $4.0 million to the budget
request for PIMS research and development activities for the
development of an international medical program global
satellite system. Additionally, the House bill would require
that no funds be made available for this activity until the
Secretary of Defense submits a report to the congressional
defense committees on the impact of the international medical
program global satellite system on the Department of Defense
(DOD) radio frequency spectrum.
The conferees agree to a provision that would make $5.0
million available in defense-wide activities for PIMS in
defense-wide operation and maintenance and research and
development activities. In addition, the conferees agree to
authorize a $4.0 million increase for PIMS research and
development activities for the development of an international
medical global satellite system. The conferees agree with the
recommendation of the House (H. Rept. 105-532) regarding the
requirement of the Secretary of Defense to submit a report on
the impact of this system on the DOD frequency spectrum prior
to obligation of funds. In addition, the report of the
Secretary of Defense should include a plan on how the
satellite-based medical telecommunications distribution and
delivery network would be integrated into PIMS, the cost of
integrating this technology into PIMS, the primary focus and
content of the program and the contribution to the overall
mission of PIMS, and information on the need for bilateral
agreements.
Lastly, the conferees direct that all applicable
competitive procedures be used in the award of contracts,
grants, and other agreements under this program and that the
Department require significant cost-sharing from all non-
federal participants.
United States contribution to NATO common-funded budgets in fiscal year
1999 (sec. 1006)
The resolution of ratification to the Protocols to the
North Atlantic Treaty of 1949 on Accession of Poland, Hungary,
and the Czech Republic (Treaty Document 105-36) agreed to by
the Senate on April 30, 1998 included a condition that requires
authorization of funds for the U.S. contribution to the common-
funded budget of the North Atlantic Treaty Organization (NATO)
beginning in fiscal year 1999 if the amounts exceed the totals
expended in fiscal year 1998.
The Senate amendment contained a provision (sec. 1006)
that would authorize funds for the U.S. contribution to NATO
common-funded budgets and the use of unexpended balances from
prior years.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Liquidity of working-capital funds (sec. 1007)
The Senate amendment contained a provision (sec. 341)
that would ensure the liquidity of the working-capital funds
(WCFs) during fiscal year 1999 and would provide a mechanism to
allow the Department of Defense to recover operating losses
during the year of execution. The provision would also place
limitations on the amounts of advance billing within the
Department.
The House bill contained no similar provision.
The House recedes with an amendment that would not
specify the corrective actions the Secretary of Defense may
take to eliminate cash balance shortfalls in the WCFs and
adjusts the limitations on advance billings.
Termination of authority to manage working-capital funds and certain
activities through the Defense Business Operating Fund (sec.
1008)
The Senate amendment contained a provision (sec. 342)
that would transfer the relevant statutory authorities and
reporting requirements to the Department of Defense's working-
capital fund operations (section 2208 of title 10, United
States Code) and would repeal the statutory authority for the
Defense Business Operations Fund.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Clarification of authority to retain recovered costs of disposals in
working-capital funds (sec. 1009)
The Senate amendment contained a provision (sec. 343)
that would clarify the authority of the Defense Reutilization
and Marketing Service to retain, from proceeds received from
sales of surplus supplies, materials, or equipment, an amount
equal to the costs incurred in the sale, reutilization, or
disposal of such items.
The House bill contained no similar provision.
The House recedes.
Crediting of amounts recovered from third parties for loss or damage to
personal property shipped or stored at government expense (sec.
1010)
The Senate amendment contained a provision (sec. 1054)
that would allow funds recovered from third parties in relation
to household good claims to be deposited into the current
appropriations for payment of such claims.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Naval Vessels and Shipyards
Revision to requirement for continued listing of two Iowa-class
battleships on the Naval Vessel Register (sec. 1011)
The House bill contained a provision (sec. 1011) that
would direct the Secretary of the Navy to list U.S.S. Iowa (BB-
61) and U.S.S. Wisconsin (BB-64) as the two Iowa class
battleships maintained on the Naval Vessel Register, in
accordance with section 1011 of the National Defense
Authorization Act for Fiscal Year 1996
The Senate amendment contained a similar provision (sec.
1011).
The Senate recedes.
Transfer of U.S.S. New Jersey (sec. 1012)
The House bill contained a provision (sec. 1012) that
would direct the Navy to strike U.S.S. New Jersey from the
Naval Vessel Register and transfer it to a not-for-profit
entity that will locate the vessel in the State of New Jersey.
The Senate amendment contained no similar provision.
The Senate recedes.
Homeporting of the U.S.S. Iowa in San Francisco, California (sec. 1013)
The Senate amendment contained a provision (sec. 1016)
that would express the sense of the Congress that the U.S.S.
Iowa should be homeported in San Francisco, California.
The House bill contained no similar provision.
The House recedes.
Sense of Congress concerning the naming of an LPD-17 vessel (sec. 1014)
The Senate amendment contained a provision (sec. 1014)
that would express the sense of the Congress that an LPD-17
class vessel should be named the U.S.S. Clifton B. Cates, in
honor of the 19th Commandant of the Marine Corps.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Reports on naval surface fire-support capabilities (sec. 1015)
The Senate amendment contained a provision (sec. 1027)
that would direct the Secretary of the Navy to report by March
31, 1999, to the Committee on Armed Services of the Senate and
the National Security Committee of the House of Representatives
on battleship readiness for meeting naval surface fire-support
requirements.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Long-term charter of three vessels in support of submarine rescue,
escort, and towing (sec. 1016)
The House bill contained a provision (sec. 1013) that
would authorize charter of the three vessels in accordance with
section 2401 of title 10, United States Code.
The Senate amendment contained a similar provision (sec.
1012) and directed the Department to utilize fully the R/V
Gosport and other assets owned and operated by the Navy for
secondary services including torpedo retrieval, sonar
calibration, and submarine sea trial escort prior to out-
sourcing for these services.
The Senate recedes.
The conferees agree to authorize the Navy to enter into
charters through September 30, 2003 in accordance with section
2401 of title 10, United States Code, for the Carolyn Chouest,
Kellie Chouest, and Dolores Chouest and direct the Department
of the Navy to utilize fully the R/V Gosport and other similar
vessels prior to out-sourcing for secondary services described
above.
Transfer of obsolete Army tugboat (sec. 1017)
The House bill contained a provision (sec. 1014) that
would permit the Secretary of the Army to substitute the
tugboat Attleboro (LT-1977) for the tugboat Normandy (LT-1971)
as one of two tugboats authorized to be transferred by the
Secretary under section 1023 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-86).
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle C--Counter Drug Activities and Other Assistance for Civilian
Law Enforcement
The budget request for drug interdiction and other
counter-drug activities of the Department of Defense (DOD)
totals $882.8 million. This includes the $727.6 million central
transfer account and $155.2million in the operating budgets of
the military services for counter-drug operations.
However, these numbers do not accurately represent the
Department's total commitment to the war on drugs. For example,
these numbers do not include a proportionate share of the costs
of procuring military systems that are used to support the war
on drugs. They also do not capture the personnel costs for the
thousands of active duty service members who are engaged in
counter-narcotics activities over the course of the fiscal
year. Furthermore, the budget does not include all maintenance
costs for assets used in counter-drug activities, or a
proportionate share of base operation support costs for those
units performing counter-drug activities. Together, these costs
exceed several hundred million dollars each year.
In addition, these numbers do not reflect the value of
the equipment and training that the DOD provides to other
nations in support of their counter-narcotics activities
pursuant to section 506 of the Foreign Assistance Act. This
section provides authorization for up to $75.0 million worth of
counter-narcotics support to foreign governments each year. The
conferees are concerned that this authority, which was intended
to be used to enhance U.S. counter-narcotics support to nations
in the source zone, is simply used to offset costs which more
appropriately belong in the State Department budgets. The
conferees are further concerned that the continued provision of
non-excess military equipment to foreign governments may have
an adverse impact on U.S. military readiness. The conferees
direct the Secretary of Defense to provide the congressional
defense committees with a list of those items that are provided
pursuant to Section 506, together with the Secretary's plans
for replacing this equipment.
Finally, the conferees are concerned that in some cases
the Department of Defense may be pressured into dedicating
scarce resources within its budget recommendation to the
President for the counter-narcotics missions that are the
primary responsibility of the Department of State or other
Federal agencies. This practice could be detrimental to other
high priority military missions, including counter-terrorism
and counter-proliferation, in today's resource constrained
environment. The conferees believe that the Secretary of
Defense and the Chairman of the Joint Chiefs are in the best
position to understand all of the national security
responsibilities of DOD, and to make a balanced recommendation
to the President regarding the manner in which the resources of
the Armed Forces should be utilized in such a way as to most
effectively carry out those responsibilities.
The conferees recommend the following authorization for
the Department's counter-narcotics activities:
Drug Interdiction & Counter-drug Activities, Operations and Maintenance
Fiscal Year 1999 Drug and Counter-drug Requestd due to rounding)
$882,831
Goal 1 (Dependent Demand Reduction)...................... 12,830
Goal 2 (Support to DLEAs)................................ 97,384
Goal 3 (DOD Personnel Demand Reduction).................. 72,936
Goal 4 (Drug Interdiction--TZ/SWB)....................... 406,554
Goal 5 (Supply Reduction)................................ 293,127
Increases:
Caribbean/Eastern Pacific Surface Interdiction........... 8,000
Caper Focus.............................................. 6,000
Gulf States Initiative/Regional Counter-drug Training.... 7,000
Multi Jurisdictional Task Force.......................... 1,000
South West Border Fence.................................. 3,000
National Guard State Plans............................... 29,000
Reductions:
JIATF-SOUTH.............................................. 17,000
Southern Air Forces Counter-Drug Support................. 4,000
Mexico GBEGO............................................. 4,000
National Guard Cargo/Mail Inspection Project............. 29,000
Enhanced transit zone interdiction--Caribbean/Eastern Pacific
interdiction initiative, caper focus
Although the Department of Defense continues to serve as
the single lead Federal agency for the detection and monitoring
of suspected drug-trafficking activities within the transit
zones, the Department's budget in this region has declined
dramatically since 1993. This decline is a result of
presidential guidance in 1993 that directed a gradual shift in
emphasis from the transit zone to source zone counter-drug
activities. While the Administration's strategic focus moved to
South America, illegal drugs continue to flow through the
eastern Pacific Ocean and Caribbean Sea to U.S. markets.
The conferees encourage the Department to explore new
initiatives to enhance current interdiction capabilities so
that if Panamanian facilities are no longer available, a viable
interdiction program remains. To assist the Department in this
effort, the conferees have included a provision that would
provide $14.5 million within the counter-narcotics central
transfer account for the increased deployment of the
Department's Cyclone Class Patrol Coastal Craft (PCs) to the
Caribbean and eastern Pacific, and any maintenance or
modifications of these craft (such as forward looking infra-red
devices and combat craft recovery systems) necessary to enhance
their interdiction capabilities. Such increased deployment will
provide Commander-in-Chief, Southern Command (CINCSOUTH) with a
more substantial naval presence in his theater of operations
with which to increase surface interdiction efforts of
suspected narco-traffickers. The conferees include an
additional $8.0 million for the Department's Caribbean efforts
in order to help pay for increased deployment. The conferees
expect the Department to identify the remaining $6.5 million
from within its interdiction budget.
The conferees direct the Secretary of Defense to provide
the Committee on Armed Services of the Senate and the Committee
onNational Security of the House of Representatives with a
report outlining the extent to which the PCs, operating either with or
without a mothership, were effective during fiscal year 1999 in the
interdiction and deterrence of maritime drug trafficking. This report
should also outline the CINCSOUTH's and the CINCSOCOM's recommendation
regarding any future deployment of these craft to SOUTHCOM's Area of
Responsibility (AOR), and the Secretary of Defense's recommendation as
to the appropriate funding mechanism for these future deployments.
Caper Focus
The conferees are disturbed by the recent testimony of
General Charles E. Wilhelm, Commander-in-Chief, Southern
Command (CINCSOUTH), regarding the Department's inability ``to
mount effective detection, monitoring and tracking operations
in the eastern Pacific, a pipeline which feeds Mexico and
ultimately the U.S.'' As a result of competing demands for
maritime patrol aircraft, the Secretary of Defense postponed
the final phase of Operation Caper Focus, a promising operation
targeting multi-nation cargo vessels in the eastern Pacific.
During the initial phases of Operation Caper Focus, Joint
Interagency Task Force- East (JIATF-E) assets interdicted 27
metric tons of cocaine and gained valuable intelligence on
regional trafficking methods. Despite these preliminary
results, the Secretary of Defense has not made available the
additional air or maritime assets necessary to execute the
operation, nor has the Director of JIATF-E transferred assets
from the Caribbean.
The conferees are convinced of the need to take
advantage of this opportunity to seize large amounts of cocaine
through the continuation of Operation Caper Focus. Therefore,
the conferees include a provision that would authorize $10.5
million to support this operation. The conferees urge the
Secretary of Defense to seek the views of CINCSOUTH in
identifying the capabilities needed to determine how these
funds should be applied. Finally, the conferees directs that
the Secretary of Defense provide the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report outlining the
recommendations of CINCSOUTH and an implementation plan
detailing the Department's expanded operational support to
Operation Caper Focus no later than January 15, 1999. The
conferees include an additional $6.0 million in order to help
pay for this deployment. The conferees expect the Department to
provide the remaining $4.5 million from within its interdiction
budget.
Gulf States Counter-drug Initiative
The conferees understand the Gulf States Counter-drug
Initiative has grown beyond its original counter-drug mission
and now performs important work for other high priority
missions of the Department of Defense, including counter-
terrorism. Therefore, the conferees support the transfer of
this activity from the Department's Counter-drug account to the
C3I Joint Military Intelligence Program in accordance with its
increased mission, and recommend an additional $6.0 million for
its counter narcotics activities. The conferees expects that
the Department will fund GSCI's operations through the Joint
Military Intelligence Program budget in the future. The
conferees authorize a further $1.0 million for the Gulf States
Counter-drug Initiative Regional Counter-drug Training Academy.
Multi-Jurisdictional Task Force
The budget request included $2.0 million for the Multi-
Jurisdictional Counter-drug Task Force. The conferees
understand that additional funds are needed to improve the
Multi-Jurisdictional Counter-drug Task Force's training program
by increasing the number of conventional courses, distance
learning projects and state narcotics conventions for law
enforcement officers. Therefore, the conferees recommend $3.0
million, an increase of $1.0 million for the Multi-
Jurisdictional Counter-drug Task Force.
National Guard State plans
The budget request included $29.0 million for National
Guard Cargo/Mail Inspection Support and $118.6 million for
National Guard General Support. The conferees note that
beginning in fiscal year 1998, funds for cargo/mail inspection
support were transferred from the general support account due
to its high priority at the national level. While the conferees
continue to endorse this program as a means to deny illegal
drugs from entering the United States, the conferees believe
that this program should compete with other high priority
National Guard counter-narcotics operations. Therefore, the
conferees recommend $147.6 million for National Guard General
Support, an increase of $29.0 million, and a corresponding
decrease of $29.0 million for National Guard Cargo/Mail
Inspection Support.
JIATF-South
The conferees continue to be concerned with the impact
that our military withdrawal from Panama will have upon U.S.
drug interdiction capabilities. The Panamanian facilities
provide a unique location from which to deploy U.S. counter-
narcotics assets. The loss of these facilities will have a
significant impact upon the U.S. ability to maintain the
current level of drug interdiction efforts. Since the United
States and the Government of Panama have been unable to reach
an agreement regarding the continued deployment of U.S.
military personnel to Panama after the remaining facilities are
turned over at the end of 1999, the conferees believe it is
imprudent to significantly expand and facilitize JIATF-South as
recommended in the budget request. Until such an agreement is
signed, the conferees believe that JIATF-South should operate
with the same resources that it received for fiscal year 1998.
Therefore, the conferees recommend a reduction of $17.0 million
for this program.
Southern Air Forces Counter-Drug Support
The budget request included $24.4 million for Southern
Air Forces (SOUTHAF) Counter-Drug Support, including $19.0
million for the operation and maintenance of ground mobile
radars (GMRs) within the U.S. Southern Command area of
operations. The conferees recommend $20.4 million for SOUTHAF
Counter-Drug Support, a decrease of $4.0 million.
Ground-based end game operations--Mexico
The budget request included $16.0 million for the
counter-narcotics training of the Armed Forces of Mexico; a
significant increase from previous years. The conferees
recommend $12.0 for this program; a decrease of $4.0 million.
Support for counter-drug activities of Peru and Colombia
Section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85) authorized the
Secretary of Defense to provide support for the counter-drug
activities of the Governments of Peru and Colombia. The
conferees wish to clarify that the intent of Congress was to
provide nonlethal assistance, including unarmed riverine patrol
boats, to establish a riverine interdiction program in Peru and
Colombia. The conferees note that other programs exist in which
the Government of Peru can acquire the weaponry necessary to
arm these vessels.
Legislative Provisions Adopted
Program authority for Department of Defense support to other agencies
for counter-drug activities (sec. 1021)
The House bill contained a provision (sec. 1021) that
would extend section 1004 of the National Defense Authorization
Act for Fiscal Year 1991 through fiscal year 2000. The
provision would also allow the Department of Defense to use
counter-drug funds for any major renovation or modification of
a Department of Defense facility being used for counter-
narcotics purposes. Prior to using this authority for any such
projects that will exceed $500,000, the Department must notify
the congressional defense committees.
The Senate amendment contained a similar provision.
The Senate recedes with an amendment that would extend
section 1004 of the National Defense Authorization Act for
Fiscal Year 1991 through fiscal year 2002.
Department of Defense support of National Guard drug interdiction and
counter-drug activities (sec. 1022)
The Senate amendment contained a provision (sec. 334)
that would make certain changes to the National Guard's
authority to perform counter-narcotics activities. These
changes would include the authorization to make minor purchases
using National Guard counter-narcotics funding. This provision
would also allow the Guard to provide expanded support to youth
outreach programs. Finally, the provision would authorize the
use of funds appropriated for counter-narcotics activities to
be used for a member of the Guard's annual training as long as
these funds were reimbursed with funds that were appropriated
for training.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
size of purchases to $5,000 per purchase order unless approval
to exceed that amount is provided in advance by the Secretary
of Defense. The amendment would further require that counter-
narcotics activities not degrade military readiness, or
increase the cost of training. The amendment would also require
that in the case of unit participation in counter-narcotics
activities, the missions will support valid unit training
requirements. Finally, the amendment would clarify that the pay
and benefits of a member of the Guard who is serving on full
time active duty in support of the counter-narcotics activities
of the Guard does not receive an amount of pay and benefits
during his annual training more than the amount he would be
entitled to if he were not performing these counter-narcotics
activities.
Patrol Coastal Craft for drug interdiction by Southern Command (sec.
1023)
The Senate amendment contained a provision (sec. 331)
that would provide $18.5 million within the counter-narcotics
central transfer account for the increased deployment of the
Department's Patrol Coastal Craft to the Caribbean and eastern
Pacific. The Senate amendment also contained a provision (sec.
335) that would express the sense of the Congress that the
Secretary of Defense should revise the Global Military Force
Policy to treat counter-drug operations as a military operation
other than war. Furthermore, the Senate amendment contained a
provision (sec. 311) that would require the U.S. Special
Operations Command to use the resources that are saved within
its operating budget as a result of funding the Patrol Coastal
Craft within the counter-narcotics budget for training and
related operations associated with its counter-proliferation
and counter-terrorism missions.
The House bill contained a provision (sec. 1022) that
would provide $24.4 million within the counter-narcotics
central transfer account for the continued conduct of Operation
Caper Focus.
The conferees include a single provision that would (1)
express the sense of the Congress that the Secretary of Defense
should ensure that the international drug interdiction and
counter-drug activities of the Department of Defense are
accorded adequate resources within the budget allocation of the
Department to execute its counter-narcotics mission; (2)
provide $10.5 million within the counter-narcotics central
transfer account for the continued conduct of Operation Caper
Focus; and (3) provide $14.5 million within the counter-
narcotics central transfer account for the increased deployment
of the Department's Patrol Coastal Craft to the Caribbean and
eastern Pacific. The provision would also require that the $4.5
million that the Special Operations Command saved within its
operatingbudget as a result of funding the Patrol Coastal Craft
within the counter-narcotics budget be used for training and related
operations associated with its counter-proliferation and counter-
terrorism missions.
Subtitle D--Miscellaneous Report Requirements and Repeals
Repeal of unnecessary and obsolete reporting provisions (sec. 1031)
The Senate amendment contained a provision (sec. 1021)
that would repeal certain obsolete reporting requirements
imposed upon the Department of Defense.
The House bill contained no similar provision.
The House recedes with an amendment which would retain an
annual report on the use of money rentals for leases of non-
excess property, and which would completely repeal a provision
partially repealed in the Senate amendment.
Report regarding use of tagging system to identify hydrocarbon fuels
used by Department of Defense (sec. 1032)
The Senate amendment contained a provision (sec. 312)
that would authorize the Department of Defense to conduct a
pilot program to determine if hydrocarbon fuels used by the
Department can be tagged.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to provide a report to the
congressional defense committees outlining the feasibility,
costs, and benefits of using fuel tags to help deter theft and
facilitate the determination of the source of surface and
underground pollution in locations having separate fuel storage
facilities belonging to the Department and civilian companies.
Subtitle E--Armed Forces Retirement Home
Appointment of Director and Deputy Director of the Naval Home (sec.
1041)
The Senate amendment contained a provision (sec. 1075)
that would disestablish the civilian positions of director and
deputy director of the Naval Home and would require that the
Secretary of Defense appoint a director and deputy director
from among military officers recommended by the military
departments.
The House bill contained no similar provision.
The House recedes.
Revision of inspection requirements relating to Armed Forces Retirement
Home (sec. 1042)
The House bill contained a provision (sec. 363) that
would revise the current procedures for the periodic inspection
of the Armed Forces Retirement Homes by the Inspector General
of each of the military departments on an alternating basis,
and would require that upon completion of these inspections,
the report of the inspections shall be provided to the
Congress.
The Senate amendment contained a provision (sec. 1057)
that would eliminate the requirement for the Department of
Defense Inspector General to conduct inspections of the Armed
Forces Retirement Homes, as well as review the inspections
conducted by the inspectors general of the military
departments. The recommended provision would require
inspections of the homes every three years. Responsibility to
conduct inspections would rotate among the three services on a
schedule determined by the Secretary of Defense.
The Senate recedes with a clarifying amendment.
Clarification of land conveyance authority, Armed Forces Retirement
Home (sec. 1043)
The House bill contained a provision (sec. 1041) that
would clarify subsection (a) of section 1053 of the National
Defense Authorization Act for Fiscal Year 1997 (Public law 104-
201), to state clearly that the original purpose of this
disposal provision was to authorize only the sale of a specific
parcel of land at the Armed Forces Retirement Home, Washington,
D.C. through an open bid process at not less than fair market
value, with the receipts of the sale to be deposited in the
Armed Forces Retirement Homes Trust Fund.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Armed Forces Retirement Home to proceed with the sale of a
specific parcel of land at the Armed Forces Retirement Home,
Washington, D.C. to a neighboring non-profit organization or an
entity or entities related to such organization at fair market
value, as determined by the Armed Forces Retirement Home Board
based on an independent appraisal, to a neighboring non-profit
organization or an entity or entities related to such
organization.
Subtitle F--Matters Relating to Defense Property
Plan for improved demilitarization of excess and surplus defense
property (sec. 1051)
The Senate amendment contained a provision (sec. 1077)
that would require the Secretary of Defense to assign
demilitarization codes to military equipment and ensure that
this equipment is demilitarized in accordance with those codes.
The provision would further require that anyone who is
convicted of knowingly participating in the exportation of
merchandise in violation of Federal law, be fined or imprisoned
for up to five years.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit to Congress a plan to
address theproblems with the sale or other disposal of excess
and surplus defense materials. The plan would include how the
Department will (1) implement all appropriate demilitarization
training, (2) improve oversight of demilitarization functions and the
maintenance of demilitarization codes, and (3) assign accurate
demilitarization codes. The plan will also include the steps the
Secretary intends to take to centralize the demilitarization functions
and responsibilities of the Department of Defense.
Transfer of F-4 Phantom II aircraft to foundation (sec. 1052)
The Senate amendment contained a provision (sec. 1058)
that would authorize the Secretary of the Air Force to transfer
one surplus F-4 phantom aircraft to a foundation by means of a
conditional deed of gift.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle G--Other Department of Defense Matters
Pilot program on alternative notice of receipt of legal process for
garnishment of federal pay for child support and alimony (sec.
1061)
The House bill contained a provision (sec. 1042) that
would allow the Department of Defense to refrain from providing
court documents to a military member, concerning child support
and alimony payments, prior to proceeding with a court ordered
garnishment. The Defense Finance and Accounting Service would
continue to include pertinent information with the notification
to the service member involved.
The Senate amendment contained a similar provision (sec.
1048), but limited the Department of Defense to a pilot
program.
The House recedes with an amendment that would allow the
Department to conduct a pilot program for three years and
provide an annual report on the status of this program to the
congressional defense committees.
Training of special operations forces with friendly foreign forces
(sec. 1062)
The House bill contained a provision (sec. 1043) that
would amend section 2011 of title 10, United States Code, to
improve the level of reporting associated with the authority of
U.S. special operations forces to train with the forces of
foreign nations and require that any such training receive the
prior approval of the Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
scope of the provision to changes in the regulations for, and
the elements of the annual report on, the training of special
operations forces with friendly foreign forces.
The conferees emphasize that, while improved
interoperability and relations with the friendly foreign forces
may be an ancillary benefit, the training of U.S. special
operations forces under the authority of this section must
clearly be the primary purpose of the training. The conferees
also underscore that training with ``other security forces'' of
a friendly foreign country, rather than with such country's
armed forces, should be a rare exception. Finally, it is
expected that the Secretary will not delegate the approval
authority for such training to a level below an assistant
secretary of defense and that both the Assistant Secretaries
for International Security Affairs and Special Operations and
Low Intensity Conflict should participate in the required
approval process.
Research grants competitively awarded to service academies (sec. 1063)
The Senate amendment contained a provision (sec. 1052)
that would permit the service academies to compete for and
receive research grants offered by a corporation, fund,
foundation, educational institution, or other similar entity
that is organized and operated primarily for scientific,
literary, or educational purposes that are awarded
competitively.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Department of Defense use of frequency spectrum (sec. 1064)
The Senate amendment contained a provision (sec. 1062)
that would require the Secretary of Defense to report to the
defense authorizing committees the costs to the Department of
Defense (DOD) resulting from reallocations of the radio
frequency spectrum authorized by DOD. The provision would also
require that any entity that purchases any portion of the radio
frequency spectrum previously reserved for use by any federal
agency, including DOD, and that the Federal agency has
relinquished for sale or lease, shall reimburse the Federal
agency for the cost incurred by the Federal government to make
that portion of the frequency spectrum available. The provision
would further require a report in the annual budget request for
each Federal department or agency that incurs costs for such
frequency reallocations. Finally, the provision would exempt
from the reimbursement requirement those portions of the
Federal radio frequency spectrum identified for reallocation in
the first reallocation report submitted to the President and
Congress, except for reallocations of that portion of the
spectrum located in the 1710-1755 megahertz band.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Department of Defense aviation accident investigations (sec. 1065)
The Senate amendment contained a provision (sec. 1028)
that wouldrequire the Secretary of Defense to provide an
assessment of the role of the Office of the Secretary of Defense and
the Joint Staff in the investigation of military aircraft accidents.
Additionally, the provision would require the Secretary of Defense to
report on the advisability of requiring an independent entity of the
Department of Defense to supervise military aircraft accident
investigations.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to prescribe uniform regulations
establishing procedures by which the military departments shall
provide periodic reports on the conduct and progress of
investigations to the families of those involved in an aviation
accident.
The conferees note the importance of a regular flow of
accurate information to the families of those involved in an
aviation accident and encourage the Secretary of Defense to
include in regulations specific circumstances for providing
information to the families. Additionally, the conferees
encourage the Secretary of Defense to consider accepting
comments from the National Transportation Safety Board in
developing regulations pertaining to aviation accident
investigations.
Investigation of actions relating to 174th Fighter Wing of New York Air
National Guard (sec. 1066)
The House bill contained a provision (sec. 1047) that
would require the Inspector General of the Department of
Defense to investigate the grounding of the 174th Fighter Wing
of the New York Air National Guard and the subsequent
dismissal, demotion, or reassignment of 12 pilots.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Inspector General of the Department of Defense to conduct a
new investigation into the facts and circumstances leading to
the December 1, 1995, grounding of the 174th Fighter Wing of
the New York Air National Guard and to provide the report of
the investigation to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives, not later than 180 days after enactment.
Program to commemorate 50th anniversary of the Korean War (sec. 1067)
The Senate amendment contained a provision (sec. 1061)
that would increase the amount authorized to be expended for
the Korean War Commemorative Program from $1.0 million to $10.0
million over a seven year period.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
$1.82 million for this program in fiscal year 1999.
The conferees direct the Secretary of the Army to include
within future budget requests the amount of funds necessary for
the continued operation of this program.
Designation of America's national maritime museum (sec. 1068)
The Senate amendment contained a provision (sec. 1078)
that would designate two maritime museums as America's National
Maritime Museum. The provision also provided criteria for
subsequent additions of museums to the group of museums
designated as America's National Maritime Museum.
The House bill contained no similar provision.
The House recedes with an amendment that prescribes the
procedures for subsequent additions of museums to the group
designated as America's National Maritime Museum.
Technical and clerical amendments (sec. 1069)
The Senate amendment contained a provision (sec. 1063)
that would make various technical and clerical amendments to
existing law.
The House bill contained no similar provision.
The House recedes with an amendment that would make
additional technical and clerical amendments to existing law.
Subtitle H--Other Matters
Act constituting presidential approval of vessel war risk insurance
requested by the Secretary of Defense (sec. 1071)
The Senate amendment contained a provision (sec. 1059)
that would authorize the pre-approval of vessel war risk
insurance under the Merchant Marine Act, 1936 (46 U.S.C. App.
1281), so that it can be immediately available in an emergency
or contingency.
The House bill contained no similar provision.
The House recedes with a technical amendment and an
amendment adding an effective date to the provision.
Extension and reauthorization of Defense Production Act of 1950 (sec.
1072)
The Senate amendment contained a provision (sec. 1064)
that would reauthorize the Defense Production Act of 1950 (50
U.S.C. 2161 and 2166) for a period of one year.
The House bill contained no similar provision.
The House recedes.
Requirement that burial flags furnished by the Secretary of Veterans
Affairs be wholly produced in the United States (sec. 1073)
The House bill contained a provision (sec. 1046) that
would amend section 2301 of title 38, United States Code, to
require that any flags furnished for burial purposes be wholly
produced in the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment allowing the
Secretary ofVeterans Affairs to waive the requirement upon
making a determination that the requirement cannot reasonably be met or
that it would not be in the national interest of the United States. The
conferees direct that, in the event he intends to waive the
requirement, the Secretary notify Congress concerning the factors upon
which he has based his determination.
Sense of Congress concerning tax treatment of principal residence of
members of armed forces while away from home on active duty
(sec. 1074)
The House bill contained a provision (sec. 1049) that
would express the sense of Congress that a member of the armed
forces should be treated as using property as a principal
residence during any period that the member (or the member's
spouse) is serving on extended active duty, but only if the
member used the property as a principal residence for any
period during or before the period of extended active duty.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Clarification of State authority to tax compensation paid to certain
employees (sec. 1075)
The House bill contained a provision (sec. 1045) that
would limit state taxation of the pay of workers at Fort
Campbell, Kentucky, to the state or political subdivision
thereof in which the workers reside. The provision would also
limit state taxation of federal employees employed at federal
hydroelectric facilities located on the Columbia and Missouri
Rivers to the state or political subdivision thereof in which
the employees reside.
The Senate amendment contained no similar provision.
The Senate recedes.
Legislative Provisions Not Adopted
Outlay limitations
The House bill contained a provision (sec. 1003) that
would restrict the amount of fiscal year 1999 discretionary
outlays available to the Department of Defense for military
functions and the Department of Energy for national security
programs to an amount consistent with the national defense
total provided in the Balanced Budget Act of 1997.
The Senate amendment contained no similar provision.
The House recedes.
Long-term charter contracts for acquisition of auxiliary vessels for
the Department of Defense
The House bill contained a provision (sec. 1015) that
would authorize the Secretary of the Navy to enter into a
contract for the long-term lease or charter of newly built
combat logistics force, strategic sealift and auxiliary support
vessels.
The Senate amendment contained no similar provision.
The House recedes.
Sense of the Congress regarding the establishment of a counter-drug
center in Panama
The House bill contained a provision (sec. 1023) that
would express the sense of the Congress that the Secretary of
Defense, in consultation with the Secretary of State, should
continue to engage in negotiations with the Government of
Panama for the establishment of a multinational counter-drug
center in Panama.
The Senate amendment had no similar provision.
The House recedes.
The conferees understand the important contribution that
the facilities in Panama, including JIATF-South, provide. The
conferees are aware of the unfortunate difficulty that the U.S.
Government has encountered in its negotiations with the
Government of Panama for the continued operation of these
facilities as part of a multinational counter-narcotics center.
The conferees encourage the Secretary of State to continue
these important negotiations.
Assignment of members of armed forces to assist INS and Customs Service
The House bill contained a provision (sec. 1024) that
would authorize the assignment of members of the armed services
to assist the Immigration and Naturalization Service and the
Customs Service.
The Senate amendment had no similar provision.
The House recedes.
Facilitation of operations at Edwards Air Force Base
The House bill contained a provision (sec. 1048) that
would authorize the Secretary of the Air Force to provide
assistance to the Dryden Flight Research Center of the National
Aeronautics and Space Administration.
The Senate amendment contained no similar provision.
The House recedes.
Operation, maintenance, and upgrade of Air Force space launch
facilities
The House bill contained a provision (sec. 1050) that
would prohibit the obligation of funds appropriated for the
operation, maintenance, or upgrade of the Western and Eastern
Space Launch Facilities of the Air Force for any other purpose.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that maintaining a strong, robust
space launch capability, including modern and well maintained
space launchfacilities, is essential to preserving a strong
military and scientific capability. The conferees believe that the
reprogramming of any resources appropriated to ensure that space launch
facilities are fully maintained in their best condition, should only be
conducted if planned launches, or other programmed activities, are
canceled.
Southwest border fence
The Senate amendment contained a provision (sec. 333)
that would require the Secretary of Defense to perform an
analysis of the effectiveness of the Southwest border fence in
reducing the flow of drugs into the United States before
further expansion.
The House bill contained no similar provision.
The Senate recedes.
The conferees are concerned with the continued
transportation of narcotics across the Southwest border and
into the United States. Over the past few years, the Department
of Defense has explored several initiatives to reduce this flow
of illegal drugs. One such initiative was the construction of a
border fence along portions of the border. Although the
conferees support such initiatives, the conferees believe that
a thorough analysis should be performed to determine how the
fence might be made more effective before the Department
proceeds with any planned expansion. The conferees direct the
Secretary of Defense to undertake such an analysis.
In the interim, the conferees recommend $3.0 million to
facilitate completion of the Southwest border fence project
from within the domestic law enforcement agencies support
component of the Department of Defense Counter-Drug Plan.
Increase operations and maintenance for Army National Guard/reduce
amounts from revised economic assumptions
The Senate amendment contained a provision (sec. 1005)
that would reduce authorizations for appropriations to reflect
the updated inflation estimates for fiscal year 1999 by the
Office of Management and Budget. The amendment also increased
funding for the Army National Guard operations and training
programs, and the arms control programs of the Department of
Energy.
The House bill contained no similar provision.
The Senate recedes.
The conferees agreed to adopt the revised economic
assumptions. Funding for the Army National Guard and the
Department of Energy arms control programs are discussed in
other portions of this report.
Ship scrapping pilot program
The Senate amendment contained a provision (sec. 1017)
that would direct the Secretary of the Navy to carry out a ship
scrapping pilot program to gather data on the costs associated
with scrapping and to demonstrate cost effective technologies
and techniques that ensure worker safety and environmental
protection. Under the pilot program, the Secretary would be
required to give a greater weight to technical and performance-
related factors than to cost and price-related factors. The
Secretary of the Navy would also be required to give
significant weight to technical qualifications and past
performance of the contractor and major subcontractors or team
members of the contractor in complying with applicable legal
requirements for environmental protection and worker safety.
The House bill contained no similar provision.
The Senate recedes.
The conferees acknowledge the recommendations of the 1998
Report of the Interagency Panel on Ship Scrapping. Consistent
with those recommendations, the conferees object to any
congressionally mandated restrictions or prohibitions related
to domestic or overseas scrapping of naval vessels.
Report on inventory and control of military equipment
The Senate amendment contained a provision (sec. 1025)
that would require the Department of Defense to perform a
thorough review of its inventory of military equipment and
submit a report to the Congress outlining the location of this
equipment, or the efforts of the Department in locating any
equipment that could not be located.
The House bill contained no similar provision.
The Senate recedes.
Report on reduction of infrastructure costs at Brooks Air Force Base,
Texas
The Senate amendment contained a provision (sec. 1033)
that would require the Secretary of the Air Force to submit a
report, not later than December 31, 1998, on the options for
the reduction of infrastructure costs at Brooks Air Force Base,
Texas.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to include a requirement for the
Secretary of Defense to assess the options to reduce
infrastructure costs at Brooks Air Force Base, Texas, in
section 2814 concerning leasing and other alternative uses of
non-excess military property.
Sense of the Senate regarding declassification of classified
information of the Department of Defense and the Department of
Energy
The Senate amendment contained a provision (sec. 1069)
that would set forth the sense of the Senate that the
Secretaries of Defense and Energy should request adequate funds
in fiscal year 2000 for activities relating to the
declassification of information required by Executive Order
12958 and the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.).
The House bill contained no similar provision.
The Senate recedes.
The conferees have addressed this issue in a separate
section in Title XXXI of this Act.
Sense of the Senate regarding the August 1995 assassination attempt
against President Shevardnadze of Georgia
The Senate amendment contained a provision (sec. 1081)
that would express the sense of the Senate that the Russian
Federation should extradite the alleged perpetrators of the
August 5, 1995 assassination attempt on the life of President
Shevardnadze to Georgia to stand trial, that the Russian
Federation and the Russian Minister of Defense should cooperate
and ensure that Russian military bases on Georgian territory
are not used to facilitate the escape of perpetrators acting
against the Government and committing acts in violation of the
national sovereignty of Georgia, and that the U.S. Government
should use all available authorities to provide assistance to
ensure the safety of the President of Georgia.
The House bill contained no similar provision.
The Senate recedes. However, the conferees do agree that
the Russian Federation should respect the national sovereignty
of Georgia and the Russian Ministry of Defense should cooperate
to ensure that its military bases located on Georgian territory
are not used to facilitate acts of terrorism and violence, nor
used to protect and provide escape to perpetrators of terrorism
or violence against the Georgian Government or its people.
Eliminating secret Senate holds
The Senate amendment contained a provision (sec. 1083)
that would state that it is a standing order of the Senate that
a Senator who provides notice to leadership of his intention to
object to proceeding to a motion or matter shall disclose the
objection or hold in the Congressional Record not later than
two session days after the date of the notice. The provision
also stated that it was adopted as an exercise of the
rulemaking process of the Senate and with full recognition of
the constitutional right of the Senate to change its rules at
any time.
The House bill contained no similar provision.
The Senate recedes.
Cooperation between the Department of the Army and the Environmental
Protection Agency in meeting the Chemical Weapons Convention
requirements
The Senate amendment contained a provision (sec. 1087)
that would require the Department of Defense (DOD), in
coordination with the Environmental Protection Agency (EPA), to
submit a report to the congressional defense committees by
April 1, 1999. The report would address the mutual
responsibilities of DOD and EPA with respect to the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.)
permit process related to fulfilling U.S. international
obligations under the Chemical Weapons Convention (CWC).
The House bill contained no similar provision.
The Senate recedes.
The conferees note that compliance with international
obligations to destroy the U.S. chemical weapons stockpile by
April 28, 2007, as required under the CWC, is a national
priority. Given the international obligation of the United
States under the CWC, the President must ensure that DOD and
the Army receive all necessary assistance from federal agencies
to facilitate the safe and effective destruction of the lethal
chemical stockpile.
The EPA is a federal agency with specific oversight
responsibility for states with authorized hazardous waste
programs under RCRA. The conferees expect EPA to exercise its
oversight responsibility in a way that supports the DOD and the
Army in the execution of CWC obligations. The conferees,
however, have been apprised of EPA assertions that it is not
adequately funded to meet its federal RCRA permitting
responsibilities associated with CWC commitments. The conferees
expect that EPA shall work in concert with federal, state, and
local government entities in the successful resolution of
issues related to the destruction of the U.S. chemical weapons
stockpile, and that the EPA shall properly budget for these
efforts.
The conferees are concerned about the possibility that
inadequate EPA planning and budgeting could be used as a
justification for authorization of the Army funding of EPA
obligations. Such a justification would be inappropriate. In
addition, there remains a question about the extent to which
EPA must participate in the CWC RCRA permit process,
particularly in states with authorized hazardous waste
programs. The conferees agree that the level of EPA
participation must not exceed the requirements related to
federal regulatory oversight under RCRA.
The Army received specific authorization to reimburse
states for their efforts in permitting chemical
demilitarization facilities in the National Defense
Authorization Act for Fiscal Year 1986, but there was no
provision for EPA reimbursement. There is no statutory
authority for the Army to reimburse EPA for federal regulatory
oversight activities related to the CWC RCRA permit process.
The conferees direct the Secretary of Defense and the
Administrator of the EPA to submit a report to the
congressional defense committees by April 1, 1999 that includes
the following: (1) a detailed description of the federal,
state, and local RCRA permitting responsibilities related to
CWC obligations to destroy the U.S. chemical stockpile, with
particular focus on the federal regulatory role in states with
authorized hazardous waste programs; (2) a description of the
state authorized hazardous waste programs in those states with
existing or projected chemical weapons destruction sites; (3)
the level of technical assistance provided by EPA to its
regional offices and to the state and local governments in the
overall RCRA permitting process, the legal basis for such
assistance, and how such assistance supports the national
commitment to destroy U.S. chemical weapons, particularly in
states with authorized hazardous waste programs; (4) the legal
rationale, if any, for the Army to fund EPA technical
assistance for EPA regional offices, and for the state and
local governments in the RCRA permitting process associated
with chemical weapons destruction, particularly in relation to
state authorized hazardous waste programs; (5) the legal
rationale, if any,for the Army to fund EPA attendance of
meetings with the National Chemical Agent Demilitarization Workgroup,
meetings between the Office of Solid Waste and the affected EPA
Regional Offices and states, and meetings between the Office of Solid
Waste, the Program Manager for Chemical Demilitarization, and DOD; (6)
the legal rationale, if any, for DOD or the Army to provide funds to
EPA for employment of full time equivalents (FTEs) to assist in the
formulation of RCRA permits, the projected geographical location of the
FTEs, and the projected function of the FTEs in relation to CWC RCRA
permit requirements; (7) a complete explanation of the need, if any,
for the Army to fund the EPA role with respect to CWC RCRA permit
requirements, a complete description of the overall EPA functions and
activities that may require Army funding, an identification of the
other instances in which the Army has provided funds to EPA for other
RCRA permit oversight activities, and the specific authority for the
proposed level of EPA participation in CWC RCRA permit process; and (8)
the Army and EPA funding levels within the President's budget projected
to support the RCRA permit process related to CWC for fiscal year 1999
and the out years.
Title XI--Department of Defense Civilian Personnel
Legislative Provisions Adopted
Defense Advanced Research Projects Agency experimental personnel
management program for technical personnel (sec. 1101)
The Senate amendment contained a provision (sec. 1105)
that would authorize the Secretary of Defense special personnel
management authorities to carry out a five-year experimental
personnel management program in which eminent experts in
science and engineering fields for research and development
projects administered by the Defense Advanced Research Projects
Agency could be hired and paid without regard to existing civil
service laws concerning appointment and compensation. The
provision would limit authority to a maximum of five years and
would require the Secretary of Defense to submit an annual
report to the Congress beginning in fiscal year 1999.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Maximum pay rate comparability for faculty members of the United States
Air Force Institute of Technology (sec. 1102)
The Senate amendment contained a provision (sec. 1102)
that would permit civilian faculty at the United States Air
Force Institute of Technology to be paid at the same level as
civilian faculty at other senior military schools and the
service academies.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority for release to Coast Guard of drug test results of civil
service mariners of the Military Sealift Command (sec. 1103)
The House bill contained a provision (sec. 1101) that
would permit the Secretary of the Navy to release to the Coast
Guard the results of a drug test of a former employee of the
Department of the Navy who was employed as a civil service
mariner.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitations on back pay awards (sec. 1104)
The House bill contained a provision (sec. 1102) that
would clarify that any award of back pay to civil service
employees, resulting from a finding of an unjustified personnel
action adjudged under section 5596 of title 5, United States
Code, shall not exceed six years, unless a shorter limitation
period applies.
The Senate amendment contained no similar provision.
The Senate recedes.
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. 1105)
The House bill contained a provision (sec. 1103) that
would provide federal employees, working to close installations
in the Republic of Panama in accordance with the Panama Canal
Treaty Implementation Plan, the same automatic restoration of
excess annual leave that is provided to employees at bases
closed under current base realignment and closure procedures.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of program providing preference for employment of military
spouses in military child care facilities (sec. 1106)
The House bill contained a provision (sec. 1104) that
would repeal section 1792d of title 10, United States Code,
which provides military spouses with an additional hiring
preference in the civil service that has proven unnecessary
given the other general military spouse preferences provided by
section 1784 of title 10, United States Code.
The Senate amendment contained a similar provision (sec.
1101).
The Senate recedes.
Observance of certain holidays at duty posts outside the United States
(sec. 1107)
The House bill contained a provision (sec. 1106) that
would allow civil service employees, working in foreign areas
where the regular work week is other than Monday through
Friday, to observe federal holidays in conjunction with a
weekend.
The Senate amendment contained no similar provision.
The Senate recedes.
Random drug testing of Department of Defense employees (sec. 1108)
The House bill contained a provision (sec. 1025) that
would expand the current drug testing program of the Department
of Defense by requiring that all civilian employees be subject
to random tests, rather than just those serving in sensitive
positions as required by executive order.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would codify
the executive order which requires random drug testing of those
serving in sensitive positions, and authorize the Secretary of
Defense to test any employee of the Department of Defense if
there is a reasonable suspicion that the employee uses illegal
drugs.
Department of Defense employee voluntary early retirement authority
(sec. 1109)
The Senate amendment contained a provision (sec. 1104)
that would modify the conditions under which voluntary early
retirement would be authorized for civilian employees of the
Department of Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
effective date to October 1, 2000.
Legislative Provisions Not Adopted
Elimination of retained pay as basis for determining locality-based
adjustments
The House bill contained a provision (sec. 1105) that
would eliminate windfall pay adjustments that have been made to
some federal employees by requiring that future pay adjustments
be measured against the pay rate necessary to retain the
employees and eliminate the windfall.
The Senate amendment contained no similar provision.
The House recedes.
Four-year extension of voluntary separation incentive pay authority
The Senate amendment contained a provision (sec. 1103)
that would extend until September 30, 2003, the civilian
voluntary separation incentive pay authority established by
5597(e) of Title 5, United States Code.
The House bill contained no similar provision.
The Senate recedes.
Title XII--Matters Relating to Other Nations
Legislative Provisions Adopted
Subtitle A--United States Armed Forces in Bosnia and Herzegovina
United States armed forces in Bosnia and Herzegovina (secs. 1201-1205)
The House bill contained a provision (sec. 1202) that
would express the views and concerns of Congress regarding the
participation of U.S. armed forces in NATO operations in Bosnia
and would require the President to report to Congress on the
continued participation of U.S. armed forces in NATO operations
in Bosnia and the status of progress achieved in implementing
the civilian tasks of the Dayton Accords on an annual basis.
The provision would also require the Secretary of Defense to
report to Congress by December 15, 1998 on the effects of the
military operations in Bosnia on the readiness of U.S. armed
forces and the ability of U.S. forces to conduct two nearly
simultaneous major regional conflicts.
The Senate amendment contained three provisions regarding
the continued participation of U.S. ground combat forces in
NATO operations in Bosnia. One provision (sec. 1065) would
express the sense of Congress that the funds sufficient to
cover continued U.S. participation in the NATO operation in
Bosnia should be included in the defense budget and in the
Future Years Defense Program above the defense topline
contained in the Balanced Budget Agreement of 1997, rather than
through reprogrammings or rescissions of existing defense
activities. Another provision (sec. 1066) would express
concerns that U.S. armed forces should not act as civil police
in Bosnia and would require the President to submit a report to
Congress on the status of establishing a NATO force of
gendarmes, to include information on the mission of the force,
the composition of the force, and the extent to which, if any,
U.S. forces will participate in the force.
Lastly, the Senate amendment included a provision (sec.
1072) that would express the sense of Congress that U.S. ground
combat forces should not remain in Bosnia indefinitely, that a
NATO-led follow-on force, without participation of U.S. combat
forces, would be suitable to continue implementation of the
Dayton Agreement if the European Security and Defense Identity
is not sufficiently established, that our European allies
should take steps to establish a European follow-on force, led
either by the Western European Union (WEU) or NATO, and that
the President should continue to consult closely with Congress
on the progress in implementing the Dayton Agreement and in
reducing and ultimately withdrawing U.S. ground combat forces
from Bosnia. It would also require the President to report to
Congress by September 30, 1998 on the impact on the security
situation in Bosnia that would result from a phased reduction
of U.S. military forces, and the prospects for establishing a
self-sustaining peace and stable government in Bosnia. Finally,
it would require the President to submit a report to Congress
on the following: the performance objectives, to include the
benchmarks reported in thelatest semi-annual report submitted
under section 7(b)(2) of the 1998 Supplemental Appropriations and
Rescissions Act, and schedule for implementing the Dayton Agreement, to
include objectives not specifically covered in the Dayton Agreement and
support provided by U.S. forces to the military and non-military
objectives. Along with the budget request for fiscal year 2000 and each
time the President submits a proposal for funding continued operations
of U.S. forces in Bosnia, the provision would require the President to
submit a report to Congress including information on the mission of
U.S. forces, the support provided by U.S. armed forces to military and
non-military missions; U.S. armed forces participation in apprehending
war criminals and any role in connection with civilian police
functions; the role of U.S. armed forces in assisting in the
resettlement of refugees and the support of U.S. armed forces in
supporting international and local civilian authorities. The report
would also include an assessment of the cost to the United States by
fiscal year of carrying out the aforementioned missions, and a joint
assessment by the Secretary of Defense and the Secretary of State on
the status of planning for European military and paramilitary forces to
take over the remaining military missions in Bosnia, and for the
establishment and support of a forward-based U.S. rapid reaction force
outside Bosnia that would be capable of responding rapidly to threats
posed in Bosnia, and of providing support to a European follow-on force
to ensure that it is fully capable of accomplishing the implementation
of the Dayton Agreement.
The conferees agree to three provisions (secs. 1201-
1204) that would combine, update, and clarify the provisions
contained in the House bill and Senate amendment and to an
additional provision (sec. 1205) that would contain definitions
for the subtitle containing these provisions.
Subtitle B--Matters Relating to Contingency Operations
Report on involvement of Armed Forces in contingency and ongoing
operations (sec. 1211)
The Senate amendment contained a provision (sec. 1030)
that would require the Secretary of Defense to submit a report
to the congressional defense committees outlining: 1) the
effects of U.S. involvement in contingency operations on the
retention and reenlistment of personnel in the armed forces; 2)
the extent to which involvement in these operations has
resulted in shortfalls in personnel and equipment; 3) the cost
of these operations and the accounts from which the funds to
pay these costs were drawn; and 4) the objectives of the
operation and the set of conditions that defines the end of
each operation.
The House bill contained no similar provision.
The House recedes.
Submission of report on objectives of a contingency operation with
requests for funding for the operation (sec. 1212)
The Senate amendment contained a provision (sec. 1031)
that would require the Secretary of Defense to include with the
initial funding request for any contingency operation involving
the deployment of over 500 U.S. military personnel, a report
outlining the objectives of the operation, and the conditions
or date that defines the end of that operation.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Matters Relating to NATO and Europe
Limitation on United States share of costs of NATO expansion (sec.
1221)
The House bill contained a provision (sec. 1211) that
would limit the amount spent by the United States as its share
of the total cost of enlarging the North Atlantic Treaty
Organization NATO) to 10 percent of the cost of expansion, or a
total of $2.0 billion, whichever is less, for fiscal years 1999
through 2011.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
U.S. share of the costs of enlarging NATO to include Poland,
Hungary, and the Czech Republic to 25 percent of the commonly-
funded costs, or $2.0 billion, whichever is less, for fiscal
years 1999 through 2011.
Report on military capabilities of an expanded NATO alliance (sec.
1222)
The House bill contained a provision (sec. 1203) that
would require the Secretary of Defense to provide a report to
Congress by March 15, 1999 on the planned future requirements
and military capabilities of an enlarged North Atlantic Treaty
Organization (NATO).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The conferees agree that continued U.S. participation in
NATO advances U.S. national security interests in the region,
as well as around the world. Additionally, the conferees
endorse the concerns expressed by the House (H. Rept. 105-532)
that information prepared both by the United States and NATO
military authorities on the costs of enlarging the Alliance to
include Poland, Hungary, and the Czech Republic was
contradictory. However, the conferees understand that the
differing information offered by the Department of Defense, the
Congressional Budget Office, RAND, and NATO, in the varying
reports submitted on the costs of enlarging the Alliance, as
well as on the capabilities of the prospective new Alliance
members and the future Alliance military capabilities and
requirements, was the result of the use of different criteria
and assumptions.
In an effort to compile all the information contained in
thevarious reports of the DOD and NATO on the military
requirements and costs of enlarging the Alliance, the conferees agree
to a provision that would require the Secretary of Defense to provide a
report to Congress by March 15, 1999 that would include information on
the planned future military capabilities of an Alliance that includes
Poland, Hungary and the Czech Republic, along with an assessment of the
tactical, operational and strategic military requirements raised by
their inclusion. The report is to include information on the military
capabilities of the forces of Poland, Hungary and the Czech Republic,
and their ability to achieve the minimum military requirements
established by NATO prior to their anticipated accession to the
Alliance in 1999, as well as the improvements to common Alliance
military assets and to the national capabilities of current NATO
members as a result of including these new prospective members in the
Alliance.
In addition, the report is to include information on
required improvements to the national military capabilities of
prospective new members, and any additional necessary
improvements to the common Alliance military assets to carry
out both Article V of the Washington Treaty of 1949 and
contingency operations.
Lastly, the report should include information on any
additional assistance the United States may agree to provide on
a bilateral basis to assist Hungary, Poland, and the Czech
Republic in meeting additional requirements related to
enlarging the Alliance.
Reports on the development of the European security and defense
identity (sec. 1223)
The Senate amendment contained a provision (sec. 1032)
that would require the Secretary of Defense to submit a report
to the congressional defense committees by December 15, 1998,
and thereafter submit a report on a semiannual basis, on the
progress achieved in establishing a European Security and
Defense Identity (ESDI) within the North Atlantic Treaty
Organization (NATO).
The House bill contained no similar provision.
The House recedes with an amendment.
Several years ago, the North Atlantic Treaty Organization
(NATO) decided to build a European pillar within NATO that
would enable the Western European Union (WEU), with the consent
of the Alliance, to assume the political control and strategic
direction of NATO assets and capabilities. The establishment of
an ESDI within the Alliance is a welcome and extremely
important development. With the worldwide commitments of the
United States, the successful development of an ESDI is very
much in our national interests, since it could enable the WEU
to carry out operations without the participation of U.S. Armed
Forces.
The conferees agree to a provision that would require the
Secretary of Defense to submit an initial report to the
congressional defense committees by December 15, 1998 on the
plans developed and actions taken to establish an ESDI.
Thereafter, the report shall be submitted on a semiannual basis
and shall include information on the status of progress made in
developing an ESDI. The submission of semiannual reports on the
progress in establishing an ESDI would be terminated when the
Secretary of Defense reports that an ESDI has been successfully
established.
Subtitle D--Other Matters
Limitation on the assignment of United States forces for certain United
Nations purposes (sec. 1231)
The House bill contained a provision (sec. 1044) that
would prohibit the use of Department of Defense funds to assign
any member of the armed forces to duty with the United Nations
Rapidly Deployable Mission Headquarters.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The conferees agree that not more than eight members of
the U.S. Armed Forces may be assigned to the United Nations
Rapidly Deployable Mission Headquarters during fiscal year
1999. Additionally, the conferees agree that no funds available
to the Department of Defense during fiscal year 1999 may be
used, either as a contribution to the United Nations to
establish a United Nations standing international force, or to
assign or detail U.S. Armed Forces to a United Nations Stand By
Force.
Kyoto Protocol to the United Nations Framework Convention on Climate
Change (sec. 1232)
The House bill contained a provision (sec. 1210) that
would provide that no provision of the Kyoto Protocol to the
United Nations Framework Convention on Climate Change, or any
related regulation, could restrict the procurement, training,
or operation and maintenance of the U.S. Armed Forces.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
The conferees note that the Kyoto Protocol has not yet
been submitted to the Senate, and as such, a full Senate debate
on the ratification of the Kyoto Protocol has not taken place.
It is not the intention of the conferees, through this
provision, to predetermine the outcome of the Senate debate on
the advice and consent to ratification of the Kyoto Protocol.
The conferees are aware that the Department of Defense
has undertaken a number of activities to achieve greater
efficiency in its operations. These include a broad-based
effort to improve the energy efficiency of its buildings and
facilities and an effort to improve the fuel efficiency of
trucks and combat vehicles for the purpose of reducing the fuel
logistics burden associated with the deployment of armed
forces. The conferees do not intend to prohibit or discourage
such efforts, provided that they are undertaken for a purpose
other than the implementation of the Kyoto Protocol.
Defense burdensharing (sec. 1233)
The Senate amendment contained a provision (sec. 1084)
that would amend section 1221 of the National Defense
Authorization Act for Fiscal Year 1998, placing more emphasis
on increasing allied burdensharing in the area of military
contributions to defense and could take one or more actions:
increase financial contributions to the payment of nonpersonnel
costs to the U.S. Government for the stationing of U.S.
military personnel in a foreign country, increase annual
budgetary outlays for national defense, increase the amount of
military assets that a country contributes to multinational
military activities worldwide, or increase annual budgetary
outlays for foreign assistance by September 30, 1999. The
Secretary of Defense would be required to report to Congress by
March 1, 1999, on the progress achieved in increasing allied
defense burdensharing. The Secretary of Defense would also be
required to provide an assessment to Congress by March 1, 1999,
of forward deployed U.S. forces permanently stationed outside
the United States and the national security interests that
support the forward deployment of the forces, as well as the
cost associated with stationing these elements outside the
United States, and potential alternatives to meet national
security interests or alliance requirements.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Transfer of excess UH-1 Huey and AH-1 Cobra helicopters to foreign
countries (sec. 1234)
The House bill contained a provision (sec. 1215) that
would require the Secretary of Defense to make all reasonable
efforts to ensure that any excess UH-1 Huey or AH-1 Cobra
helicopters that are to be transferred to a foreign country for
flight operations are in the same maintenance condition that
such a helicopter would require for operational use by U.S.
military forces.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that any funds that are used for such maintenance be provided
from funding sources outside of those available to the
Department of Defense.
Transfers of naval vessels to certain foreign countries (sec. 1235)
The Senate amendment contained a provision (sec. 1013)
that would transfer, on a grant, lease, or sale basis, upon
notification to the Congress certain ships to foreign
countries.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Repeal of the landmine moratorium (sec. 1236)
The House bill contained a provision (sec. 1205) that
would repeal section 580 of the Foreign Operations
Appropriations Act of 1996 (Public Law 104-107) which requires
a one-year moratorium on the use of anti-personnel landmines by
U.S. armed forces on February 12, 1999.
The Senate amendment contained a provision (sec. 1074)
that would provide the President authority to waive, if deemed
to be in the national security interests, the one-year
moratorium on the use of anti-personnel landmines by U.S. armed
forces as required by section 580 of the Foreign Operations
Appropriations Act of 1996.
The Senate recedes.
Application of authorities under the International Emergency Economic
Powers Act to communist Chinese military companies (sec. 1237)
The Senate amendment contained provisions (secs. 3601-
3602) that would apply certain authorities under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to business entities controlled by the People's
Liberation Army of the People's Republic of China, as well as
require the Secretary of Defense to compile and continually
update a list, to be published in the Federal Register, of the
communist Chinese military companies that are operating,
directly or indirectly, in the United States.
The House bill contained no similar provisions.
The House recedes with a technical amendment.
Title XIII--Cooperative Threat Reduction With States of the Former
Soviet Union
Legislative Provisions Adopted
Cooperative Threat Reduction (CTR) program (secs. 1301-1309)
The budget request included $442.4 million for the
Cooperative Threat Reduction (CTR) program.
The House bill contained provisions (secs. 1301-1311)
that would authorize $417.4 million for the CTR program for
fiscal year 1999, a $25.0 million decrease to the budget
request; allocate fiscal year 1999 funding for various CTR
programs and activities; prohibit the use of funds for specific
activities; prohibit the use of funds for the construction of a
chemical weapons destruction facility in Russia and reallocate
a portion of these funds to additional strategic offensive
elimination projects in Russia and Ukraine; limit the
availability of CTR funds; require that future budget requests
for CTR include a descriptive summary and funding breakout of
activities; would limit the use of CTR funds until various
reports, notifications and certifications are received by
Congress; require a report on biological weapons activities in
Russia; limit the use of CTR funds for biological proliferation
prevention activities in Russia; and limit the use of CTR funds
for strategic offensive elimination activities in Russia and
Ukraine in excess of the budget request pending the receipt of
a report.
The Senate amendment would authorize $440.4 million, a
$2.0 million reduction to the budget request, and contained
provisions (secs. 1036 and 1041) that would require the
Secretary of Defense to report to the congressional defense
committees on the need for and thefeasibility of programs to
further U.S. nonproliferation objectives regarding former Soviet
experts in ballistic missiles and weapons of mass destruction; and
would authorize the Secretary of Defense to provide assistance
necessary to destroy, remove or obtain from a country, weapons of mass
destruction or materials, equipment or technology related to the
delivery or development of weapons of mass destruction.
The conferees agree to a series of provisions that would
authorize $440.4 million for the CTR program, establish
sublimits for CTR activities and provide the Secretary of
Defense limited authority to exceed established sublimits for
fiscal year 1999, pending appropriate Congressional
notification.
In addition, the conferees prohibit CTR funds from being
used for activities related to peacekeeping activities with
Russia, the provision of housing, assistance to promote
environmental restoration, to promote job retraining, or for
the provision of assistance to Russia or any other state of the
former Soviet Union to promote defense conversion. The
conferees understand that the provision of housing for
decommissioned officers in Russia remains an issue for Russia
as it reduces its strategic military forces. Although the
conferees reiterate their strong belief that CTR funds should
not be used to provide housing, they encourage the appropriate
agencies of the U.S. Government with responsibility for this
issue to explore the matter of providing additional assistance
as appropriate and urge the President to report to the Congress
on any recommendations. The conferees will continue to review
this issue in the future.
The conferees agree to limit the use of funds for
chemical weapons destruction activities in Russia, pending a
Presidential certification regarding Russia's chemical weapons
program. In addition, the Department of Defense is required to
submit as part of the Secretary's annual budget request to
Congress a descriptive summary of the funds requested for the
CTR program, to include the use of prior years CTR funds.
With regard to biological proliferation prevention
activities in Russia, the conferees direct the Secretary of
Defense to report to the congressional defense committees by
March 1, 1999 on Russia's compliance with international
agreements related to biological weapons and to provide an
evaluation of the costs and benefits of collaborative research
efforts between the United States and Russia. In addition, the
conferees agree to limit the use of funds for biological
weapons prevention activities in Russia until 15 days after the
Secretary of Defense submits a report to the congressional
defense committees regarding the use of CTR funds for
cooperative research activities at biological research
institutes in Russia.
The conferees also agree to require the Secretary of
Defense, in consultation with the Secretary of Energy, to
provide a report to the congressional defense committees no
later than January 1, 1999 on their estimate of the number of
individuals in the Former Soviet Union with expertise in
weapons of mass destruction and the risks posed by that
expertise if transferred to states potentially hostile to the
United States. The report would also include a description of
the activities conducted by the United States and other nations
to assist in the employment of these experts in
nonproliferation and non-military related endeavors, and an
assessment of such activities that should be reduced,
maintained or expanded.
Lastly, the conferees agree to provide the Secretary of
Defense authority to use funds authorized for the CTR program
to provide a country of the Former Soviet Union with emergency
assistance to remove or obtain from that country weapons of
mass destruction or materials, equipment or technology related
to the development or delivery of weapons of mass destruction.
The conferees agree that no funds authorized for strategic
offensive elimination activities in Russia or Ukraine shall be
used for this activity. Except in certain limited situations,
the Secretary of Defense shall not provide such assistance
until 15 days after written notification is received by the
congressional defense committees.
Title XIV--Domestic Preparedness for Defense Against Weapons of Mass
Destruction
Legislative Provisions Adopted
Defense against weapons of mass destruction (secs. 1401-1405)
The Department of Defense forwarded with its fiscal year
1999 budget request a number of legislative provisions to
expand the ability of the Department of Defense to respond to
domestic terrorist activity and the potential use by terrorists
of weapons of mass destruction on U.S. territory.
The House bill contained a series of provisions (Title
XIV) that would express the findings of Congress regarding the
threat of terrorist use of weapons of mass destruction and the
need to enhance domestic preparedness to respond to such
incidents (sec. 1402), would direct the President to increase
the effectiveness of the domestic emergency preparedness
program and to report by January 31, 1999, the actions taken to
develop an integrated program for such response (sec. 1411),
would provide for an annual report on the program and
recommendations for its improvement (sec. 1412); and would
require the assessment of the threat and risk of terrorist
employment of weapons of mass destruction against cities and
other local areas (sec. 1413). The House bill would also
establish an Advisory Commission to Assess Domestic Response
Capabilities for Terrorism Involving Weapons of Mass
Destruction to provide recommendations to the President and the
Congress for improvements in Federal, State, and local domestic
emergency preparedness (secs. 1421-1429).
The Senate amendment contained no similar provisions.
The conferees agree that there is a need to improve
domestic emergency preparedness to respond to the threat of
terrorist use of weapons of mass destruction in the United
States. The conferees are also aware that nearly 40 Federal
departments and agencies are involved in combating terrorism
(including the Departments of Justice, Defense, Energy, Health
and Human Services, and the Federal Emergency Management
Agency), and are concerned that the efforts of the
Federalgovernment to enhance domestic preparedness to respond to an
incident involving weapons of mass destruction are hampered by
incomplete interagency coordination and by the overlapping
jurisdictions and missions of the various Federal departments and
agencies. As a consequence, the conferees are concerned that state and
local emergency response agencies are often presented with different
and/or competing requirements and program priorities from the
responsible Federal agencies.
The conferees are also aware of the actions taken by the
President in Presidential Decision Directive 62, pursuant to
direction contained in section 1441 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201), to
establish the office of the National Coordinator for Security,
Infrastructure Protection and Counter-Terrorism to oversee
policies and programs in these areas. However, the conferees
are not aware of specific actions that have been taken to
insure an integrated, interagency program for improving
domestic emergency response to the potential terrorist threat.
The conferees are concerned that the Congress is not being kept
adequately informed of the activities of the National
Coordinator and the status of efforts undertaken to implement
the responsibilities of the Office, pursuant to direction
contained within section 1442 of the National Defense
Authorization Act for Fiscal Year 1997. The conferees direct
the National Coordinator to provide the congressional defense
committees with a report by March 1, 1999 on the status of
activities and efforts undertaken to coordinate policy and
countermeasures against the proliferation of weapons of mass
destruction.
The conferees agree to provisions that would require the
President (sec. 1411) to increase the effectiveness of the
domestic emergency preparedness program at the Federal, State,
and local levels by establishing an integrated program built
upon the program established under the Defense Against Weapons
of Mass Destruction Act of 1996, and to submit a report to
Congress by January 31, 1999 that outlines the actions taken in
this regard. The conferees also agree to a provision (sec.
1412) that would amend the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85) to include an annex to
the report on oversight of counterterrorism and antiterrorism
activities of the Federal government, submitted by the Director
of the Office of Management and Budget, that would include
information on the Federal government domestic emergency
response program, and any recommendations for improving
Federal, state and local domestic emergency response.
Further, the conferees agree to a provision (sec. 1413)
that would require the Attorney General, in consultation with
the Director of the Federal Bureau of Investigation and
representatives of other Federal agencies and departments, and
state and local agencies, to develop and test methodologies for
assessing the threat and risk of terrorist employment of
weapons of mass destruction against cities and local areas.
Information from such assessments could be used to help
determine the training and equipment requirements necessary for
an effective domestic emergency response program.
Finally, the conferees agree to a provision (sec. 1421)
that would require the Secretary of Defense, in consultation
with the Attorney General, the Secretary of Energy, the
Secretary of Health and Human Services, and the Director of the
Federal Emergency Management Agency to enter into a contract
with a federally funded research and development center to
establish a panel to assess the capabilities for domestic
response to terrorism involving weapons of mass destruction and
to report to the President and the Congress recommendations for
improvements in Federal, state, and local domestic emergency
preparedness for such response. The conferees emphasize the
guidance in the provision that the membership of the panel be
drawn from private citizens with knowledge and expertise in
emergency response matters, and direct that the recommendations
of the local emergency response community be sought in the
selection of the members of the panel.
Elsewhere in this Act, the conferees have included a
provision (sec. 511) that would provide expanded authority for
use of the Reserve Components to respond to domestic
emergencies involving the use of weapons of mass destruction.
Title XV--Matters Relating to Arms Control, Export Controls, and
Counterproliferation
Legislative Provisions Adopted
Subtitle A--Arms Control Matters
One-year extension of limitation on retirement or dismantlement of
strategic nuclear delivery systems (sec. 1501)
The Senate amendment contained a provision (sec. 1043)
that would extend by one year section 1302(e) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Transmission of executive branch reports providing Congress with
classified summaries of arms control developments (sec. 1502)
The House bill contained a provision (sec. 1032) that
would direct the Director of the Arms Control and Disarmament
Agency (ACDA), or the Secretary of State (if ACDA is merged
into the Department of State), to submit reports to Congress on
a periodic basis summarizing the status of negotiations on arms
control matters, and developments in the various arms control
forums, in which the United States is a participant. These
forums include the Joint Compliance and Inspection Commission,
the Joint Verification Commission, the Open Skies Consultative
Commission, the Standing Consultative Commission, and the Joint
Consultative Group.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on adequacy of emergency communications capabilities between the
United States and Russia (sec. 1503)
The Senate amendment contained a provision (sec. 1044)
that would express the sense of the Congress that a direct line
of communications between U.S. and Russian commanders of
strategic forces would be a useful confidence building tool,
and would require the Secretary of Defense to submit a report
to the Committee on Armed Services of the Senate and the House
Committee on National Security on the feasibility of initiating
discussions between the United States and Russia on such a
direct line of communication.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report within three months
of enactment of this Act on the status and adequacy of current
direct communications capabilities between the governments of
the United States and the Russian Federation. The report is to
include recommendations for improvements, if necessary, to
improve direct communications capabilities. In addition, the
report would include an assessment of the feasibility and the
desirability of establishing communications links between
United States commanders in chief and their Russian
counterparts.
Russian nonstrategic nuclear weapons (sec. 1504)
The Senate amendment contained a provision (sec. 1070)
that would express concerns of the Senate that the Russian
nonstrategic nuclear arsenal, estimated to include around 7,000
to 12,000 tactical nuclear weapons, may pose a great threat in
the world if they are sold or are stolen, and could become
strategically destabilizing. Since the end of the Cold War, the
United States has unilaterally reduced its tactical nuclear
stockpile by almost ninety percent, and the Senate calls on the
Russian Federation to live up to its pledges in 1991 and 1992
to implement steep reductions in its tactical nuclear
stockpile. The provision would require the Secretary of Defense
to submit a report to the Congress by March 15, 1999 on the
current Russian Federation tactical nuclear stockpile,
including an assessment of the strategic implications of using
tactical nuclear weapons in a strategic role, as well as an
assessment of the Russian command and control of its tactical
nuclear stockpile and the threat posed by the possible sale, or
theft of tactical nuclear weapons, and past, current and
planned efforts of the United States to work cooperatively with
the Russian Federation to reduce its tactical nuclear stockpile
and related fissile material.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the concerns of the Congress that the vast Russian Federation
tactical nuclear stockpile poses a grave threat to the world,
and that the Russian Federation should live up to its pledges
in 1991 and 1992 to significantly reduce its tactical nuclear
stockpile.
In addition, the conferees direct the Secretary of
Defense to submit a report to the Congress by March 15, 1999,
including the views of the Director of Central Intelligence and
the commander of the United States Strategic Command, on the
current Russian Federation tactical nuclear stockpile,
assessing the strategic and destabilizing implications of the
use of tactical nuclear weapons used in a strategic role. In
addition, the report should include an analysis of Russia's
command and control of its tactical nuclear stockpile, and the
threat posed by the theft, sale or unauthorized use of the
warheads of these weapons. Lastly, the report should include a
summary of past, current, and planned U.S. efforts to assist
Russia in reducing its stockpile, as well as a summary of how
the United States would cope militarily if Russia threatens to
employ or actually use its tactical nuclear weapons in a
regional conflict involving the United States or its allies.
Subtitle B--Satellite Export Controls
Satellite export controls (secs. 1511-1516)
The House bill contained provisions (secs. 1206-1209 and
1212) regarding the export of satellites of U.S. origin and
their launch on space launch vehicles owned by the People's
Republic of China (PRC). The provisions would prohibit the
participation of U.S. persons in the investigations of
satellite launch failures; prohibit the export of missile
equipment and technology to the PRC; prohibit the export or
reexport of satellites, information, equipment and technology
to the PRC; and transfer the jurisdiction for licensing the
export of satellites and satellite components to the Department
of State.
The Senate amendment contained no similar provisions.
The conferees agree to transfer the jurisdiction for the
export of satellites to the U.S. Munitions List, administered
by the Department of State, effective March 15, 1999, and
direct the Secretary of State, in consultation with the
Secretary of Defense and the Secretary of Commerce, to report
to the Congress by January 1, 1999 on steps necessary to
implement the transfer in a manner that will permit timely and
orderly processing of applications for export licenses,
consistent with current law. The conferees understand that the
transfer of these advanced technologies to the jurisdiction of
the Department of State may result in the need for additional
personnel to assist in the evaluation of license applications.
To provide additional resources for this purpose, the conferees
agree to a provision that would amend section 45 of the State
Department Basic Authorities Act of 1956 to allow the Office of
Defense Trade Controls of the Department of State to retain all
registration fees, which are to be used for the payment of
expenses incurred in acquiring additional personnel to evaluate
and process license applications, as well as to improve the
monitoring of compliance with the terms of the licenses.
The conferees also agree to a provision that would
require the President to certify to Congress in advance of any
export to the PRC of missile technology or equipment, as
defined in section 74 of the Arms Export Control Act, that the
export will not be detrimental tothe U.S. space launch industry
and that the export will not measurably improve the missile or space
launch capabilities of the PRC. The conferees note that this
certification is not, and is not intended to be, a prohibition on the
export of U.S. satellites to be launched by the PRC, but is intended to
ensure that U.S. national security would not be jeopardized by any such
export.
In addition to the transfer of jurisdiction to the U.S.
Munitions List, the conferees direct the President to implement
a series of actions to improve the national security controls
on the export licensing of satellites and their related items
not later than 45 days after enactment of this Act. These
actions include, among other requirements, ensuring the full
reimbursement to the Department of Defense for the costs of
providing launch monitoring services, to ensure that no
unauthorized transfer of technology occurs, by the person or
entity receiving such services with respect to a satellite
launch in a foreign country. The provision also requires the
Secretary of Defense to establish a program to recruit, train
and maintain a staff of personnel dedicated to monitoring
foreign launches of U.S. satellites. The conferees agree to
provide an exception to these increased national security
controls to countries that are members of NATO or are major
non-NATO allies of the United States.
The President is authorized by section 902 of the Foreign
Relations Authorization Act for Fiscal Years 1990 and 1991 to
waive certain restrictions regarding the export of satellites
to China, but must report to the Congress on the waiver of
these restrictions. In addition to the report required by
section 902(b), the conferees agree that a detailed
justification shall accompany this report setting forth
information related to the militarily-sensitive characteristics
integrated within or associated with the satellite, an estimate
of the number of U.S. personnel necessary in-country to monitor
the proposed launch, a description of the U.S. Government's
plan to monitor the proposed launch, the estimated cost to the
Department of Defense to provide monitors for the launch and
the amount to be reimbursed to the Department, and the national
security interests for launching the satellite in a foreign
country. The conferees direct the President to include
information in the report regarding the impact of the export of
satellites to the PRC on U.S. employment, including the
creation of jobs in the United States or, in the event of a
denial of an export license, the loss of jobs in the United
States. Additionally, the report is to include information
related to the balance of trade between the United States and
the PRC and the transition of the PRC from a nonmarket economy
to a market economy.
Lastly, the conferees understand that, with transfer of
satellites and related items to the U.S. Munitions List, and
the enhanced role of the Department of Defense in export
control activities, there may be a requirement for additional
personnel in the Defense Technology Security Administration
(DTSA) (or any successor organization), to assist in the
evaluation of license applications, as well as to monitor the
foreign launches of U.S. satellites. The conferees expect the
Department to include in its report to the congressional
defense committees any requirements for additional personnel.
Additionally, the conferees believe that the Department may
have available through the On-Site Inspection Agency (OSIA)
personnel who would be suitable to perform such monitoring
tasks, as required by this Act, and direct the Department to
report on the possibility of using OSIA personnel in the
monitoring of foreign launches, as well as in the evaluation
of, and compliance with, license applications.
The conferees emphasize that the agreement to transfer
commercial communication satellites and their related items
from the Commerce Control List to the Munitions List is not
done with the intention of penalizing or harming an important
U.S. industry or the competitive posture of the U.S. satellite
industry. Rather, it is the intention of the conferees to
affirm the importance of U.S. national security interests in
considering the export of advanced technology to foreign
countries, which might enhance or contribute to their military
capabilities.
Subtitle C--Other Export Control Matters
Authority for export control activities of the Department of Defense
(sec. 1521)
The House bill contained a provision (sec. 904) that
would invest in the Under Secretary of Defense for Policy
responsibility for the overall supervision of activities of the
Department of Defense relating to export controls and require a
report on the plans of the Secretary of Defense to implement
this provision.
The Senate amendment contained no similar provision.
The conferees agree to a provision that would establish a
Deputy Under Secretary of Defense for Technology Security
Policy, whose principal responsibilities would include the
supervision and direction of activities of the Defense
Technology Security Administration, or any successor
organization charged with similar responsibilities, and other
activities of the Department of Defense related to export
controls. Because the position does not require Senate
confirmation, the conferees express their view that this
position be filled by a qualified individual with knowledge of
the military implications of technology exports. The Secretary
of Defense would be required to report to the congressional
defense committees on the plans for implementing this
provision, to include any organizational changes to the
Department, and a description of the role of the Chairman of
the Joint Chiefs of Staff in the export control activities of
the Department of Defense.
Release of export information by the Department of Commerce to other
agencies for the purpose of national security assessment (sec.
1522)
The House bill contained a provision (sec. 1213) that
would require the Secretary of Commerce to transmit post-export
information to the Director of Central Intelligence, the
Secretary of Defense, and the Secretary of Energy for the
purpose of conducting nationalsecurity risk assessments within
five days of receiving a request for such information. The provision
would also allow the Director of Central Intelligence, the Secretary of
Defense, and the Secretary of Energy to delegate authority to other
officials within their respective departments or agencies to request
such information from the Department of Commerce.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Department of Commerce to respond within 10 days of
receiving a request for such information in order to conduct
national security risk assessments. The amendment would expand
the officials authorized to request information that is
necessary to conduct national security risk assessments, to
include the Secretary of State.
Nuclear export reporting requirement (sec. 1523)
The House bill contained a provision (sec. 1216) that
would require prior congressional notification of the export or
retransfer of special nuclear materials or production
facilities, as defined by the Atomic Energy Agency Act of 1954,
to any country that is not a member of the Organization for
Economic Cooperation and Development. The notification would be
accompanied by a report describing the details of the proposed
export, and would be submitted to the Congress at least 30 days
prior to the proposed export unless the President determines
that an emergency exists which requires its immediate approval.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the President to notify Congress upon the granting of a license
for the export or re-export of nuclear material, technology or
equipment by the Nuclear Regulatory Commission to countries
determined by the President to have detonated nuclear explosive
devices and that are not members of the North Atlantic Treaty
Organization (NATO).
Execution of objection authority within the Department of Defense (sec.
1524)
The House bill contained a provision (sec. 1214) that
would amend section 1211 of the National Defense Authorization
Act for Fiscal Year 1998 to provide authority to the Secretary
of Defense to delegate objection authority to a Department of
Defense official at the Assistant Secretary level with regard
to the export or re-export of digital computers with a
composite theoretical performance level of more than 2000
millions of theoretical operations per second (MTOPS), or such
other composite theoretical performance level that may be
subsequently established by the President.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle D--Counterproliferation Matters
One-year extension of counterproliferation authorities for support of
United Nations Special Commission on Iraq (sec. 1531)
The House bill contained a provision (sec. 1204) that
would extend the authority of the Department of Defense to
provide support to the United Nations Special Commission on
Iraq (UNSCOM) under the Weapons of Mass Destruction Control Act
of 1992 for one year.
The Senate amendment contained a similar provision (sec.
1042).
The Senate recedes with a clarifying amendment.
The conferees support the extension of this authority
given efforts by Iraq to preserve a weapons of mass destruction
capability and its interference with the work of the Special
Commission. The conferees raise concerns that the weapons
inspection process has been hampered by Iraq's flagrant
violation of its obligations under the United Nations Security
Council resolutions and its efforts to seek modifications to
the inspections regime through the expulsion of U.S. inspectors
and the suspension of the monitoring program.
The conferees endorse concerns expressed in the House
report (H. Rept. 105-532) regarding continued provision of
support by the Department of Defense for UNSCOM activities. The
conferees agree that the United States should more vigorously
undertake efforts to negotiate an agreement with the United
Nations to reimburse the Department of Defense for expenses
incurred in providing support to UNSCOM.
The conferees direct the Secretary of Defense, in
consultation with the Secretary of State, to submit a report to
the congressional defense committees by December 1, 1998
describing the efforts undertaken by the Department of Defense
to seek reimbursement, the specific support activities for
which reimbursement would be requested, and the results of
discussions with United Nations officials on the request of the
United States Government.
Sense of Congress on Nuclear Tests in South Asia (sec. 1532)
The Senate amendment contained a provision (sec. 1071)
that would express the sense of the Senate with regard to
condemning India and Pakistan for testing nuclear devices and
calling for cessation of nuclear testing, steps to prevent the
transfer of technology that could further exacerbate the arms
race in South Asia, U.S. and international mediation to promote
peace and stability in South Asia and to resolve the dispute
over Kashmir, the reevaluation of U.S. bilateral relations with
both nations, and for India and Pakistan to establish active
dialogue on differences to minimize the potential for future
conflict.
The House bill contained no similar provision.
The House recedes with an amendment that would update and
clarify the provision as a sense of Congress.
Report on requirements for response to increased missile threat in
Asia-Pacific region (sec. 1533)
The Senate amendment contained a provision (sec. 1086)
that would require the Secretary of Defense to conduct a study
of architecture requirements for the establishment and
operation of a theater ballistic missile defense system in the
Asia-Pacific region that would have the capability to protect
key regional allies of the United States.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees understand the phrase ``key regional allies
of the United States'' to include Japan, South Korea, and
Taiwan.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
OVERVIEW
The budget request for fiscal year 1999 included
$7,778,074,000 for military construction and family housing.
The House bill would authorize $8,228,074,000 for
military construction and family housing.
The Senate amendment would provide $8,463,940,000 for
this purpose.
The conferees recommend authorization of appropriations
of $8,443,742,000 for military construction and family housing,
including general reductions and termination of prior year
projects.
1999 Amended Budget Estimates--FY 1999 BRAC Military Construction
Projects
[In thousands of dollars]
------------------------------------------------------------------------
Component/State/Project Description BRAC round Amount
------------------------------------------------------------------------
NAVY BRAC III CONSTRUCTION, FISCAL YEAR 1999
Nevada:
Naval Air Station, Fallon:
Bachelor Office Quarters III 11,100
Phase II (P-XX1T).
------------------------------------
Subtotal Navy Nevada..... ...................... 11,100
Total for Navy ...................... 11,100
Construction, FY 1999.
ARMY BRAC IV CONSTRUCTION, FISCAL YEAR 1999
Alaska:
Fort Greely:
Munitions Storage Facility IV 1,550
(PN 47461).
------------------------------------
Subtotal Army Alaska..... ...................... 1,550
Colorado:
Fitzsimons Army Medical Center:
Warehouse Addition (PN IV 1,550
47653).
Reserve Center (PN 50296).. IV 2,750
------------------------------------
Subtotal Army Colorado... ...................... 4,300
Indiana:
Crane Army Ammunition Activity:
Surveillance Test Facility IV 1,850
(PN 50057).
------------------------------------
Subtotal Army Indiana.... ...................... 1,850
Maryland:
Fort Detrick:
Physical Fitness Center (PN IV 3,050
48153).
Fort Meade:
Administrative Facility DIS IV 12,000
(PN 46307).
Administrative Facility IV 2,900
ESSD Renovation (PN 47770).
SDC-W Renovation--Pershing IV 6,300
Hall (PN 47237).
------------------------------------
Subtotal Army Maryland... ...................... 24,250
New York:
Fort Totten:
Storage Facility (PN 46258) IV 1,900
------------------------------------
Subtotal Army New York... ...................... 1,900
Pennsylvania:
Letterkenny Army Depot:
Enclave Fencing (PN 49714). IV 1,150
------------------------------------
Subtotal Army ...................... 1,150
Pennsylvania.
Virginia:
Fort Pickett:
Reserve Center (PN-46354).. IV 3,100
Fort Lee:
WAC Museum (PN 50091)...... IV 2,400
------------------------------------
Subtotal Army Virginia... ...................... 5,500
Various Locations:
Program Management............. IV 2,350
------------------------------------
Subtotal Army Various.... ...................... 2,350
Total for Army BRAC IV ...................... 42,850
Construction, FY 1999.
ARMY BRAC IV FAMILY HOUSING CONSTRUCTION, FY 1999
Alaska:
Fort Wainwright:
Family Housing (PN 47530).. IV 1,700
------------------------------------
Subtotal Army Family ...................... 1,700
Housing Alaska.
Total Army Family Housing ...................... 1,700
Construction, FY 1999.
NAVY BRAC IV CONSTRUCTION, FY 1999
California:
Naval Air Weapons Station,
Point Mugu:
Aviation Support Facilities IV 1,500
(260U).
Maintenance and Training IV 12,800
Facilities (261U).
------------------------------------
Subtotal Navy California. ...................... 14,300
District of Columbia:
Naval District of Washington:
NAVSEASYSCOM Headquarters IV 71,543
Building Relocation (009U).
Subtotal Navy District of ...................... 71,543
Columbia.
Hawaii:
Naval Telecommunications
Center, Makalapa:
Building Addition (411U)... IV 920
------------------------------------
Subtotal Navy Hawaii..... ...................... 920
New Jersey:
McGuire AFB:
Defense Courier Service IV 850
Building (935U).
------------------------------------
Subtotal Navy New Jersey. ...................... 850
Tennessee:
Naval Support Activity,
Memphis:
Building Renovation (329U). IV 4,200
------------------------------------
Subtotal Navy Tennessee.. ...................... 4,200
Texas:
Naval Air Station, Corpus
Christi:
Sled Ramp Facility and Land IV 13,313
Acquisition (421U).
------------------------------------
Subtotal Navy Texas...... ...................... 13,313
Virginia:
Naval Station, Norfolk:
Building Renovations and IV 3,970
Alterations (317U).
Naval Air Station, Oceana:
Strike Fighter Weapons IV 4,073
School Additions (163U).
------------------------------------
Subtotal Navy Virginia... ...................... 8,430
Total for Navy BRAC IV ...................... 131,169
Construction, FY 1999.
AIR FORCE BRAC IV CONSTRUCTION, FY 1999
New York:
Stewart International Airport:
Communications Training IV 6,000
Complex (WHAY 959635).
------------------------------------
Subtotal Air Force New ...................... 6,000
York.
Oklahoma:
Tinker AFB:
Alter Product Management IV 2,300
(WWYK990032).
Alter Engine Test Cell IV 3,800
(WWYK993200).
ADAL Fuel Air Facility IV 1,300
(WWYK993201A).
------------------------------------
Subtotal Air Force ...................... 7,400
Oklahoma.
Texas:
Kelly AFB:
Security Fence/Gates (MBPB IV 400
993205R1).
Vehicle OPS/Maintenance IV 6,200
Complex (MBPB 993213R1).
Fuel Operations Facility IV 1,200
(MBPB 993214R1).
Reconfigure Utility Systems IV 2,500
(MBPB 993230).
------------------------------------
Subtotal Air Force Texas. ...................... 10,300
Utah:
Hill AFB:
GTE Test Cell (KRSM 993009) IV 2,100
Alter Product Management/ IV 5,300
Composites (KRSM983102).
F-117 Radar Facility (KRSM IV 1,100
983002).
------------------------------------
Subtotal Air Force Utah.. ...................... 8,500
Various Locations:
Planning and Design (BCL IV 700
99RD4).
------------------------------------
Subtotal Air Force ...................... 700
Various.
Total Air Force BRAC IV ...................... 32,900
Construction, FY 1999.
DEFENSE LOGISTICS AGENCY BRAC IV CONSTRUCTION, FY 1999
Utah:
Defense Distribution Region
West Defense Depot Hill, UT:
Deployable Medical Systems IV 31,000
Warehouse.
------------------------------------
Subtotal Defense ...................... 31,000
Logistics Agency Utah.
Total Defense Logistics ...................... 31,000
Agency Construction, FY
1999.
------------------------------------------------------------------------
Title XXI--Army
Fiscal Year 1999
Overview
The House bill would authorize $2,010,036,000 for Army
military construction and family housing programs for fiscal
year 1999.
The Senate amendment would authorize $2,037,965,000 for
this purpose.
The conferees recommend authorization of appropriations
of $2,098,713,000 for Army military construction and family
housing for fiscal year 1999.
The conferees agree to general reductions of $13,639,000
in the authorization of appropriations for the Army military
construction and military family housing accounts. The
reductions are to be offset by savings from favorable bids,
reduced overhead costs, and cancellations due to force
structure changes. The general reductions shall not cancel any
military construction authorized by title XXI of this Act.
ITEMS OF SPECIAL INTEREST
Improvements of Military Family Housing, Army
The conferees recommend that, within authorized amounts
for improvements to military family housing and facilities, the
Secretary of the Army execute the following projects:
$7,400,000 for Whole Neighborhood Revitalization (40 units) at
Fort Richardson, Alaska; $8,800,000 for Whole Neighborhood
Revitalization Phase II (104 units) at Fort Campbell, Kentucky;
and $3,650,000 for Whole Neighborhood Revitalization (36 units)
at White Sands Missile Range, New Mexico.
Legislative Provisions Adopted
Authorized Army construction and land acquisition projects (sec. 2101)
The House bill contained a provision (sec. 2101) that
would authorize Army construction projects for fiscal year
1999. The authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2102)
The House bill included a provision (sec. 2102) that
would authorize new construction and planning and design of
family housing units for the Army for fiscal year 1999. The
authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2103)
The House bill contained a provision (sec. 2103) that
would authorize improvements to existing units of family
housing for fiscal year 1999.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Army (sec. 2104)
The House bill contained a provision (sec. 2104) that
would authorize specific appropriations for each line item
contained in the Army's budget for fiscal year 1999. This
section would also provide an overall limit on the amount the
Army may spend on military construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Modification of authority to carry out fiscal year 1998 projects (sec.
2105)
The House bill contained a provision (sec. 2105) that
would amend the table in section 2101 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B
of Public Law 105-85) to provide for an increase in the amount
authorized for the construction of an aerial gunnery range at
Fort Drum, New York, and a whole barracks complex renewal at
Fort Sill, Oklahoma.
The Senate amendment contained a provision (sec. 2105)
that would provide for an increase in the amount authorized for
the construction of the whole barracks complex renewal at Fort
Sill, Oklahoma, due to a change in scope.
The Senate recedes with a technical amendment.
Title XXII--Navy
Fiscal Year 1999
Overview
The House bill would authorize $1,776,726,000 for Navy
military construction and family housing programs for fiscal
year 1999.
The Senate amendment would authorize $1,762,298,000 for
this purpose.
The conferees recommend authorization of appropriations
of $1,812,476,000 for Navy military construction and family
housing for fiscal year 1999.
The conferees agree to general reductions of $16,323,000
in the authorization of appropriations for the Navy military
construction and military family housing accounts. The
reductions are to be offset by savings from favorable bids,
reduction in overhead costs, and cancellation of projects due
to force structure changes. The general reductions shall not
cancel any military construction authorized by title XXII of
this Act.
ITEMS OF SPECIAL INTEREST
Improvements of military family housing, Navy
The conferees recommend that, within authorized amounts
for improvements to military family housing and facilities, the
Secretary of the Navy execute the following projects:
$10,000,000 for family housing improvements (171 units) at
Marine Corps Base, Camp Pendleton, California; and $5,800,000
for family housing improvements (80 units) at Naval Air
Station, Whidbey Island, Washington.
Legislative Provisions Adopted
Authorized Navy construction and land acquisition projects (sec. 2201)
The House bill contained a provision (sec. 2201) that
would authorize Navy construction projects for fiscal year
1999. The authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2202)
The House bill contained a provision (sec. 2202) that
would authorize new construction and planning and design of
family housing units for the Navy for fiscal year 1999. The
authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2203)
The House bill contained a provision (sec. 2303) that
would authorize improvements to existing units of family
housing for fiscal year 1999. The authorized amounts are listed
on an installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Navy (sec. 2204)
The House bill contained a provision (sec. 2204) that
would authorize specific appropriations for each line item in
the Navy's budget for fiscal year 1999. This section would also
provide an overall limit on the amount the Navy may spend on
military construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization to accept road construction project, Marine Corps Base,
Camp Lejeune, North Carolina (sec. 2205)
The House bill contained a provision (sec. 2205) that
would authorize the Secretary of the Navy to accept a road
construction project valued at $2,000,000 from the State of
North Carolina at Marine Corps Base, Camp Lejeune, North
Carolina.
The Senate amendment contained no similar provision.
The Senate recedes.
Title XXIII--Air Force
Fiscal Year 1999
Overview
The House bill would authorize $1,577,264,000 for Air
Force military construction and family housing programs for
fiscal year 1999.
The Senate amendment would authorize $1,729,050,000 for
this purpose.
The conferees recommend authorization of appropriations
of $1,679,978,000 for Air Force military construction and
family housing for fiscal year 1999.
The conferees agree to general reductions of $24,584,000
in the authorization of appropriations for the Air Force
military construction and military family housing accounts. The
reductions are to be offset by savings from favorable bids,
reduction in overhead costs, and cancellation of projects due
to force structure changes. The general reductions shall not
cancel any military construction authorized by title XXIII of
this Act.
ITEMS OF SPECIAL INTEREST
Improvements of military family housing, Air Force
The conferees recommend that, within authorized amounts
for improvements to military family housing and facilities, the
Secretary of the Air Force execute the following projects:
$5,220,000 for family housing improvements (68 units) at Moody
Air Force Base, Georgia; $8,000,000 for family housing
improvements (70 units) at Seymour Johnson Air Force Base,
North Carolina; and $9,110,000 for family housing improvements
(94 units) at Charleston Air Force Base, South Carolina.
Legislative Provisions Adopted
Authorized Air Force construction and land acquisition projects (sec.
2301)
The House bill contained a provision (sec. 2301) that
would authorize Air Force construction projects for fiscal year
1999. The authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2302)
The House bill contained a provision (sec. 2302) that
would authorize new construction and planning and design of
family housing units for the Air Force for fiscal year 1999.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2303)
The House bill contained a provision (sec. 2303) that
would authorize improvements to existing units of family
housing for fiscal year 1999.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Air Force (sec. 2304)
The House bill contained a provision (sec. 2304) that
would authorize specific appropriations for each line item in
the Air Force's budget for fiscal year 1999. This section would
also provide an overall limit on the amount the Air Force may
spend on military construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Title XXIV--Defense Agencies
Fiscal Year 1999
Overview
The House bill would authorize $648,664,000 for Defense
Agencies military construction and family housing programs for
fiscal year 1999. The bill would also authorize $1,730,704,000
for base closure activities.
The Senate amendment would authorize $607,919,000 for
this purpose. The amendment would also authorize $1,725,704,000
for base closure activities.
The conferees recommend authorization of appropriations
of $585,358,000 for Defense Agencies military construction and
family housing for fiscal year 1999. The conferees also
recommend authorization of appropriations of $1,630,902,000 for
base closure activities.
The conferees agree to a general reduction of $13,300,000
in the authorization of appropriations for the Defense Agencies
military construction account. The general reduction is to be
offset by savings from favorable bids and reduction in overhead
costs. The conferees further agree to a general reduction of
$50,500,000 in the authorization of appropriations for the
chemical demilitarization program. The reduction to the entire
chemical demilitarization program is based on unobligated prior
year funds and delays in obtaining the required environmental
and construction permits. The general reductions shall not
cancel any military construction projects authorized by title
XXIV of this Act.
The conferees agree to terminate $5,000,000 in prior year
authorization for the Military Unaccompanied Housing
Improvement Fund. The termination is due to the absence of
specific project activity under this account.
The conferees agree to a general reduction of $33,102,000
in the authorization of appropriations for the Base Closure and
Realignment Accounts based on approved cost variations which
accelerated six construction projects from fiscal year 1999 to
fiscal year 1998. The conferees agree to an additional general
reduction of $31,000,000 based on revised economic assumptions.
The conferees are aware that the military departments have
collected $35,700,000 more in proceeds from land sales and
leases at closing or realigning bases than reported in the
fiscal year 1999 budget request and recommend an adjustment in
the accounts to accommodate these revenues.
Legislative Provisions Adopted
Authorized Defense Agencies construction and land acquisition projects
(sec. 2401)
The House bill contained a provision (sec. 2401) that
would authorize defense agencies construction projects for
fiscal year 1999. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2402)
The House bill contained a provision (sec. 2402) that
would authorize the Secretary of Defense to make improvements
to existing units of family housing for fiscal year 1999.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Energy conservation projects (sec. 2403)
The House bill contained a provision (sec. 2403) that
would authorize the Secretary of Defense to carry out energy
conservation projects.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Authorization of appropriations, Defense Agencies (sec. 2404)
The House bill contained a provision (sec. 2404) that
would authorize specific appropriations for each line item in
the Defense Agencies' budget for fiscal year 1999. This section
would also provide an overall limit on the amount the Defense
Agencies may spend on military construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Repeal of fiscal year 1997 authorization of appropriations for certain
military housing improvement program (sec. 2405)
The conferees include a provision which would amend
section 2406(a) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201) to
reduce the funding for the Department of Defense Military
Unaccompanied Housing Improvement Fund by $5,000,000. The
amendment would also make certain conforming changes to section
2404 of that Act.
Modification of authority to carry out certain fiscal year 1995
projects (sec. 2406)
The House bill contained a provision (sec. 2405) that
would amend the table in section 2401 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103-337), as amended, to provide for an increase
in the amount authorized for military construction projects to
support chemical weapons and munitions destruction at Pine
Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon.
The Senate amendment contained a similar provision.
The House recedes.
Modification of authority to carry out fiscal year 1990 project (sec.
2407)
The House bill contained a provision (sec. 2406) that
would amend the table in section 2401 of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 100-189) to provide for an increase
in the amount authorized for the construction of a replacement
hospital at Naval Hospital, Portsmouth, Virginia.
The Senate amendment contained a similar provision.
The Senate recedes with a clarifying amendment.
Title XXV--North Atlantic Treaty Organization Security Investment
Program
Fiscal Year 1999
Overview
The House bill would authorize $169,000,000 for the U.S.
contribution to the NATO Security Investment Program for fiscal
year 1999.
The Senate amendment would authorize $158,000,000 for
this purpose.
The conferees agree to authorize $154,000,000 million for
the U.S. contribution to the NATO Security Investment Program.
Legislative Provisions Adopted
Authorized North Atlantic Treaty Organization (NATO) construction and
land acquisition projects (sec. 2501)
The House bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization Security Investment
program in an amount equal to the sum of the amount
specifically authorized in section 2502 of H.R. 3616 and the
amount of recoupment due to the United States for construction
previously financed by the United States.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that
would authorize appropriations of $169,000,000 as the United
States contribution to the North Atlantic Treaty Organization
(NATO) Security Investment Program.
The Senate would authorize $158,000,000 for this purpose.
The conferees agree to authorize $154,000,000 for the
United States contribution to the NATO Security Investment
Program.
Title XXVI--Guard and Reserve Forces Facilities
Fiscal Year 1999
Overview
The House bill would authorize $309,025,000 for military
construction and land acquisition for fiscal year 1999 for the
Guard and Reserve components.
The Senate amendment would authorize $443,622,000 for
this purpose.
The conferees recommend authorization of appropriations
of $480,315,000 for military construction and land acquisition
for fiscal year 1999. This authorization would be distributed
as follows:
Army National Guard..................................... $142,403,000
Army Reserve............................................ 102,119,000
Naval and Marine Corps Reserve.......................... 31,621,000
Air National Guard...................................... 169,801,000
Air Force Reserve....................................... 34,371,000
The conferees agree to a general reduction of $2,000,000
in the authorization of appropriations for the Army National
Guard military construction account and $4,000,000 in the
authorization of appropriations for the Air National Guard
military construction account. The general reductions are to be
offset by savings from favorable bids, reduction in overhead
costs, and cancellation of projects due to force structure
changes. The general reductions shall not cancel any military
construction authorized by title XXVI of this Act.
Legislative Provisions Adopted
Authorized Guard and Reserve construction and land acquisition projects
(sec. 2601)
The House bill contained a provision (sec. 2601) that
would authorize appropriations for military construction for
the guard and reserve by service component for fiscal year
1999.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The state list contained in this report is intended to be
the binding list of the specific projects authorized at each
location.
Modification of authority to carry out fiscal year 1998 project (sec.
2602)
The House bill contained a provision (sec. 2602) that
would authorize the Secretary of the Army to accept financial
or in-kind contributions from the State of Utah in connection
with the construction of a reserve center and organizational
maintenance shop in Salt Lake City, Utah. The provision would
also terminate the authorization for a similar military
construction project at Camp Williams, Utah authorized in
section 2601 of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85).
The Senate amendment contained a similar provision.
The House and Senate recede.
The conferees include a provision that amends section
2603 of the Military Construction Authorization Act for Fiscal
Year 1998 (division B of Public Law 105-85) to direct the
Secretary of the Army to enter into an agreement under which
the State of Utah agrees to provide financial or in-kind
contributions with regard to the construction of a reserve
center and organizational maintenance shop at an appropriate
site in, or in the vicinity of, Salt Lake City, Utah.
Legislative Provisions Not Adopted
National Guard Military Educational Facility, Fort Bragg, North
Carolina
The Senate amendment contained a provision (sec. 2603)
that would authorize $1,000,000 from the funds authorized for
appropriations by section 2601(1)(A) for the purpose of
planning and design of a military educational facility for the
Army National Guard at Fort Bragg, North Carolina.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that this military educational
facility requires no additional funding for planning and design
and urge the Secretary of the Army to make every effort to
include this construction requirement in the fiscal year 2000
future years defense program.
Title XXVII--Expiration and Extension of Authorizations
Legislative Provisions Adopted
Expiration of authorizations and amounts required to be specified by
law (sec. 2701)
The House bill contained a provision (sec. 2701) that
wouldprovide that authorizations for military construction
projects, repair of real property, land acquisition, family housing
projects and facilities, contributions to the North Atlantic Treaty
Organization Security Investment Program, and guard and reserve
projects will expire on October 1, 2001, or the date of enactment of an
Act authorizing funds for military construction for fiscal year 2002,
whichever is later. This expiration would not apply to authorizations
for which appropriated funds have been obligated before October 1,
2001, or the date of enactment of an Act authorizing funds for these
projects, whichever is later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 1996 projects (sec.
2702)
The House bill contained a provision (sec. 2702) that
would provide for selected extension of certain fiscal year
1996 military construction authorizations until October 1,
1999, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2000, whichever is
later.
The Senate amendment contained a similar provision.
The House recedes with a technical amendment.
Extension of authorization of fiscal year 1995 project (sec. 2703)
The House bill contained a provision (sec. 2703) that
would provide for selected extension of certain fiscal year
1995 military construction authorizations until October 1,
1999, or the date of the enactment of the Act authorizing funds
for military construction for fiscal year 2000, whichever is
later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Effective date (sec. 2704)
The House bill contained a provision (sec. 2704) that
would provide that Titles XXI, XXII, XXIII, XXIV, XV, and XXVI
of this bill shall take effect on October 1, 1998, or the date
of the enactment of this Act, whichever is later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Legislative Provisions Not Adopted
Authorization of additional military construction and military family
housing projects
The Senate amendment contained a provision (sec. 2704)
that would authorize for appropriation $200,000,000 in
additional military construction and military family housing
projects for fiscal year 1999.
The House bill contained no similar provision.
The House recedes and the Senate recedes.
The conferees note that the disposition of the military
construction projects contained in the Senate amendment is
addressed by title XXI, title XXII, and title XXIII of this Act
where appropriate.
Title XXVIII--General Provisions
Legislative Provisions Adopted
Subtitle A--Military Construction and Military Family Housing Changes
Architectural and engineering services and construction design (sec.
2801)
The Senate amendment contained a provision (sec. 2801)
that would amend section 2807 (a) and (d) of title 10, United
States Code, to clarify the authority to use design funds after
a project has been authorized and to use design funds for the
design portion of a design-build contract. The provision would
also clarify that ``planning'' and ``study'' efforts associated
with military construction projects are not authorized uses of
design funds. The provision would also amend 2807(b) of title
10, United States Code, to increase the threshold for
congressional notification for payment of architectural and
engineering services and construction design from $300,000 to
$500,000.
The House bill contained no similar provision.
The House recedes with an amendment that would strike
paragraph (a) of the Senate amendment modifying section 2807(a)
of title 10, United States Code, regarding covered projects.
Expansion of Army overseas family housing lease authority (sec. 2802)
The Senate amendment contained a provision (sec. 2802)
that would amend section 2828(e) of title 10, United States
Code, to authorize the Secretary of the Army to increase, by no
more than 500 family housing units in Italy and no more than
800 family housing units in Korea, the number of leases for
which the maximum amount is $25,000 per unit per year.
The House bill contained no similar provision.
The House recedes.
Definition of ancillary supporting facilities under the alternative
authority for acquisition and improvement of military housing
(sec. 2803)
The House bill contained a provision (sec. 2801) that
would amend section 2871 of title 10, United States Code, to
clarify that the development of ancillary supporting facilities
in military housingprojects undertaken under the authority of
subchapter IV, chapter 169 of title 10, United States Code, may include
the development of educational facilities to support the needs of
dependents of military personnel.
The Senate amendment contained no similar provision.
The Senate recedes.
Purchase of build-to-lease family housing at Eielson Air Force Base,
Alaska (sec. 2804)
The Senate amendment contained a provision (sec. 2831)
that would authorize the Secretary of the Air Force to purchase
a 366-unit military family housing development at Eielson Air
Force Base, Alaska, constructed and leased by the Secretary
under the authority provided by section 801 of the Military
Construction Authorization Act for Fiscal Year 1984 (Public Law
98-115). The purchase price of the housing development would be
an amount equal to the amount of the outstanding indebtedness
of the developer for the project which would remain at the time
of the purchase if the developer had paid down the indebtedness
to the lender according to the original payment schedule for
the project.
The House bill contained no similar provision.
The House recedes.
Report relating to improvement of housing for unaccompanied members
(sec. 2805)
The Senate amendment contained a provision (sec. 2834)
that would require the Secretary of Defense to submit a report
on the costs and benefits of implementing the initiative to
build single occupancy barracks rooms with shared bath,
generally known as the ``one-plus-one'' barracks initiative.
The provision would prohibit the Secretary from requesting
additional funding for the ``one-plus-one'' barracks initiative
unless he certifies that it is necessary to assure retention,
in adequate numbers, of first-term enlisted members of the
Armed Forces.
The House bill contained no similar provision.
The House recedes with an amendment that would broaden
the scope of the report to include the plans of the military
departments to improve unaccompanied military personnel
housing, a cost comparison of implementing the ``one-plus-one''
initiative versus improving existing facilities, and an
assessment of the authorities provided by subchapter IV of
chapter 169 of title 10, United States Code. The report would
include the views of the chiefs and senior enlisted members of
each of the military services regarding the impact of the
quality of unaccompanied military housing on readiness and
retention of enlisted members of the Armed Forces. The
amendment would also strike the requirement for the Secretary
to certify that the ``one-plus-one'' initiative assures the
retention of first-term enlisted members in sufficient numbers.
Subtitle B--Real Property and Facilities Administration
Exceptions to real property transaction reporting requirements for war
and certain emergency and other operations (sec. 2811)
The Senate amendment contained a provision (sec. 2812)
that would amend section 2662 of title 10, United States Code,
to waive the reporting requirements for certain real estate
transactions. The provision would modify the reporting
requirements in the event of a declaration of war, a national
emergency, a natural disaster, a contingency operation, or a
civil disturbance. In the event the secretary of a military
department enters into a real property agreement under these
conditions, the secretary would be required to submit a report
on the agreement to the Committee on the Armed Services of the
Senate and the National Security Committee of the House of
Representatives, not later than 30 days after entering into the
agreement.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Restoration of Department of Defense lands used by another federal
agency (sec. 2812)
The House bill contained a provision (sec. 2811) that
would amend section 2662 of title 10, United States Code, to
provide the authority for the secretary of a military
department to require, as a condition of a lease, permit,
license, or other grant of access to lands under the control of
the secretary to another federal agency, the removal of any
improvements or the taking of any corrective action necessary
to restore the land used by another federal agency to the
condition the land was in prior to such use.
The Senate amendment contained a similar provision (sec.
2814) that would amend section 2691 of title 10, United States
Code, to authorize the secretary of the military department
concerned to require users of Department of Defense lands to
restore lands upon expiration of their use or to reimburse the
military department for performing the restoration.
The House recedes.
Outdoor recreation development on military installations for disabled
veterans, military dependents with disabilities, and other
persons with disabilities (sec. 2813)
The House bill contained a provision (sec. 2812) that
would amend section 103 of the Sikes Act (10 U.S.C. 670c) to
ensure, to the maximum extent practicable, that opportunities
for outdoor recreation on military installations would be
equally available without substantial modification of the
natural environment, to disabled veterans, military dependents
with disabilities, and other persons with disabilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit
donations to items of real or personal property.
The conferees expect the Secretary of Defense to fund the
requirements of this provision without increasing amounts
previously planned for activities under the Sikes Act.
Report on leasing and other alternative uses of non-excess military
property (sec. 2814)
The Senate amendment contained a provision (sec. 2836)
that would require the Secretary of Defense to submit, not
later than February 1999, a report on the Department of
Defense's use of the authority provided by section 2667 of
title 10, United States Code. The report would address the
number and purpose of leases entered into under section 2667,
the type and amount of payments received, the cost, if any,
foregone as a result of the leases, the positive and negative
aspects of leasing, the efforts to promote these type leases to
the private sector, any legislative proposal to enhance the
Department's capability to lease to the private sector, an
estimate of income that could potentially be accrued as a
result of enhanced leasing capability, and a discussion on
retaining any income from these leases at the installation.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report regarding the
authority of the military departments and Defense Agencies to
lease to the private sector non-excess real and personal
property. The report would be prepared in consultation with the
secretaries of the military departments and the Director of the
Office of Management and Budget. The amendment would include an
assessment of the proposal by the Secretary of the Air Force to
reduce infrastructure costs at Brooks Air Force Base, Texas,
and the proposal of the Secretary of the Navy regarding the
potential for the development of Ford Island as part of Naval
Complex, Pearl Harbor, Hawaii. The Secretary of Defense shall,
as he considers appropriate, also include proposed general
legislative authority or authority to conduct pilot projects
based on the assessment made of the proposals for Brooks Air
Force Base and Ford Island. The amendment would also make
certain technical and conforming changes.
Report on implementation of utility system conveyance authority (sec.
2815)
The House bill contained a provision (sec. 2813) that
would require the secretary of each military department to
submit to Congress, not later than March 1, 1999, a report with
a description of the criteria to be used by the secretary in
the selection of utility systems and related real property for
conveyance pursuant to the authority provided by section 2688
of title 10, United States Code, a description of the manner in
which the secretary will ensure that any such conveyance would
not adversely affect the national security of the United States
and a list of utility systems which are likely to be conveyed.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delete
the requirement for a report containing a list of the utility
systems likely to be conveyed. The amendment would also direct
the secretary of each military department to assess the
advisability of including associated real property with the
utility system to be conveyed.
Subtitle C--Defense Base Closure and Realignment
Applicability of property disposal laws to leases at installations to
be closed or realigned under base closure laws (sec. 2821)
The Senate amendment contained a provision (sec. 2813)
that would amend section 2667(f)(1) of title 10, United States
Code, to clarify that the Federal Property and Administrative
Services Act of 1949, does not apply to the lease of excess
property at closing or realigned installations if the secretary
of a military department determines that such lease would
facilitate state or local economic adjustment efforts.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Elimination of waiver authority regarding prohibition against certain
conveyances of property at Naval Station, Long Beach,
California (sec. 2822)
The House bill contained a provision (sec. 2822) that
would amend section 2826 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85) to eliminate the authority of the President to
waive the prohibition against the direct or indirect
conveyance, by sale, lease, or other method, of real property
at the former Naval Station, Long Beach, California, under the
authority provided by the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510) to the
China Ocean Shipping Company or any successor of that
organization.
The Senate amendment contained no similar provision.
The Senate recedes.
Payment of stipulated penalties assessed under CERCLA in connection
with McClellan Air Force Base, California (sec. 2823)
The House bill contained a provision (sec. 2821) that
would authorize the use of funds from the base realignment and
closure account for the payment of a $15,000 stipulated penalty
assessed under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 in connection with the
closure of McClellan Air Force Base, California.
The Senate amendment contained a similar provision (sec.
324).
The Senate recedes.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Modification of land conveyance, Army Reserve Center, Youngstown, Ohio
(sec. 2831)
The Senate amendment contained a provision (sec. 2830B)
that would authorize the Secretary of the Army to convey,
without consideration, to the City of Youngstown, Ohio, a
parcel of real property, including improvements thereon, that
is located at 399 Miller Street and contains the Kefurt Army
Reserve Center. The property is to be used for educational
purposes. The provision would also repeal section 2861 of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106), which authorized a similar
conveyance for a different purpose.
The House bill contained no similar provision.
The House recedes with an amendment that would modify
section 2861(b) of the Military Construction Authorization Act
for Fiscal Year 1996 to authorize the conveyance for
educational purposes.
Release of interests in real property, former Kennebec Arsenal,
Augusta, Maine (sec. 2832)
The Senate amendment contained a provision (sec. 2824)
that would authorize the Secretary of the Army to release,
without consideration, all right, title, and interest of the
United States in and to a parcel of real property consisting of
approximately 40 acres located in Augusta, Maine, and formerly
known as the Kennebec Arsenal. The provision would remove
conditions on the conveyance of the property to permit the
State of Maine and the City of Augusta to redevelop the
property in support of a museum and for commercial activities.
The House bill contained no similar provision.
The House recedes.
Release waiver, or conveyance of interests in real property, former
Redstone Army Arsenal property, Alabama (sec. 2833)
The House bill contained a provision (sec. 2837) that
would authorize the Secretary of the Army to release, without
consideration and to such extent necessary to protect the
interests of the United States, the reversionary interests of
the United States in a parcel of real property conveyed to the
Alabama Space Science Exhibit Commission pursuant to Public Law
90-276, section 813 of the Military Construction Authorization
Act, 1980 (Public Law 96-125), and section 813 of the Military
Construction Authorization Act, 1984 (Public Law 98-115).
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Conveyance of utility systems, Lone Star Army Ammunition Plant, Texas
(sec. 2834)
The Senate amendment contained a provision (sec. 2830C)
that would authorize the conveyance, at fair market value, of
all or part of the utility systems at the Lone Star Army
Ammunition Plant, Texas, to the Redevelopment Authority for the
Red River Army Depot in conjunction with the disposal of
property at the Depot under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510).
The House bill contained no similar provision.
The House recedes with an amendment that would require
the fair market value of the conveyed utility systems and any
associated real property to be determined by an independent
appraisal. The amendment would also make certain technical
corrections.
Conveyance of water rights and related interests, Rocky Mountain
Arsenal, Colorado, for purposes of acquisition of perpetual
contracts for water (sec. 2835)
The Senate amendment contained a provision (sec. 2828)
that would authorize the Secretary of the Army to convey, with
consideration, water rights at Rocky Mountain Arsenal, Colorado
to the City and County of Denver, Colorado. The provision would
authorize the Secretary to replace the current unreliable water
source at the Arsenal with a constant water supply, consistent
with an agreement entered into by the Secretary to provide
water to local communities affected by environmental
contamination caused by the operation of the Arsenal. The
provision would also provide for a permanent water supply for
the wildlife refuge located at the Arsenal and water storage
facilities.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Army Reserve Center, Massena, New York (sec. 2836)
The House bill contained a provision (sec. 2831) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements in
Massena, New York, to the Village of Massena. The property is
to be used for recreational, educational, or other public
purposes. The cost of any surveys necessary for the conveyance
would be borne by the Village.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
reversionary interest of the United States for a five year
period, beginning on the date the Secretary makes the
conveyance.
Land conveyance, Army Reserve Center, Ogdensburg, New York (sec. 2837)
The House bill contained a provision (sec. 2832) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements in
Ogdensburg, New York, to the Town of Ogdensburg. The property
is to be used forrecreational, educational, or other public
purposes. The cost of any surveys necessary for the conveyance would be
borne by the Town.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
a reversionary interest of the United States for a five year
period, beginning on the date the Secretary makes the
conveyance.
Land conveyance, Army Reserve Center, Jamestown, Ohio (sec. 2838)
The House bill contained a provision (sec. 2833) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements in
Jamestown, Ohio, to the Greeneview Local School District. The
property is to be used for educational purposes. The cost of
any surveys necessary for the conveyance would be borne by the
District.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
a reversionary interest of the United States for a five year
period, beginning on the date the Secretary makes the
conveyance. The amendment would also make certain technical
corrections.
Land conveyance, Army Reserve Center, Peoria, Illinois (sec. 2839)
The Senate amendment contained a provision (sec. 2830)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements to Peoria School District #150, Peoria, Illinois.
The purpose of the conveyance would be for education, training,
maintenance, and transportation facilities. The provision would
contain a reversionary clause in the event that the Secretary
of the Army determines that the property is not used in
accordance with the condition of conveyance.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
reversionary interest of the United States to a five year
period, beginning on the date the Secretary makes the
conveyance. The amendment would also make certain technical
corrections.
Land conveyance, Army Reserve Center, Bridgton, Maine (sec. 2840)
The Senate amendment contained a provision (sec. 2822)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of excess real property with
improvements consisting of approximately 3.65 acres to the Town
of Bridgton, Maine. The purpose of the conveyance would be for
public benefit to facilitate the expansion of a municipal
office complex. The provision would include a reversionary
clause in the event that the Secretary determines that the
conveyed property is not in accordance with the condition of
conveyance.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
reversionary interest of the United States to a five year
period beginning on the date the Secretary makes the
conveyance. The amendment would also make certain technical
corrections.
Land conveyance, Fort Sheridan, Illinois (sec. 2841)
The House bill contained a provision (sec. 2838) that
would authorize the Secretary of the Army to convey, at fair
market value, to the City of Lake Forest, Illinois,
approximately 14 acres, including improvement, known as the
northern Army reserve enclave. The Secretary of the Army would
be authorized, subject to appropriations, to use the proceeds
from the conveyance to provide for the construction of
replacements facilities and for the relocation costs for
reserve units and activities affected by the conveyance.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Army to submit a report to the
congressional defense committees certifying that the relocation
of reserve units and activities impacted by the conveyance is
consistent with an approved master plan for the consolidation
of reserve activities in the vicinity of Chicago, Illinois. The
Secretary may not convey the property until 21 days after the
date he submits the report.
Land conveyance, Skaneateles, New York (sec. 2842)
The Senate amendment contained a provision (sec. 2830A)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements consisting of approximately 147 acres to the Town
of Skaneateles, New York. The purpose of the conveyance would
be for recreational and educational purposes. The provision
would contain a reversionary clause in the event that the
Secretary of the Army determines that the property is not used
in accordance with the condition of conveyance.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
reversionary interest of the United States to a five year
period, beginning on the date the Secretary makes the
conveyance. The amendment would also make certain technical
corrections.
Land conveyance, Indiana Army Ammunition Plant, Charlestown, Indiana
(sec. 2843)
The House bill contained a provision (sec. 2835) that
would authorize the Secretary of the Army to convey a parcel of
real property with improvements, consisting of approximately
4,660 acres at the Indiana Army Ammunition Plant, Charlestown,
Indiana, to the Indiana Army Ammunition Plant Reuse Authority.
The property is to be used for economic development purposes.
As consideration for the conveyance, the Authority would pay to
the United States an amount equal to the fair market value of
the property at the end of the ten year period, beginning on
the date the conveyance is completed. The cost of any surveys
necessary for the conveyance, and any additional administrative
expenses, would be borne by the Authority. Thissection would
also amend section 2858(a) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104-106), as
amended, to authorize the Secretary of the Army to convey, without
consideration, an additional parcel of real property consisting of
approximately 2,000 acres at the Indiana Army Ammunition Plant,
Charlestown, Indiana, to the State of Indiana. The property is to be
used for recreational purposes.
The Senate amendment contained a similar provision (sec.
2821).
The Senate recedes with a technical amendment.
Land conveyance, Volunteer Army Ammunition Plant, Chattanooga,
Tennessee (sec. 2844)
The House bill contained a provision (sec. 2836) that
would authorize the Secretary of the Army to convey a parcel of
real property with improvements, consisting of approximately
1,033 acres at the Volunteer Army Ammunition Plant,
Chattanooga, Tennessee, to Hamilton County, Tennessee. The
property is to be used for economic development purposes. As
consideration for the conveyance, the County would pay to the
United States an amount equal to the fair market value of the
property at the end of the ten year period, beginning on the
date the conveyance is completed. The cost of any surveys
necessary for the conveyance, and any additional administrative
expenses, would be borne by the County.
The Senate amendment contained a similar provision (sec.
2823).
The House recedes.
Land conveyance, Stewart Army Sub-Post, New Windsor, New York (sec.
2845)
The House bill contained a provision (sec. 2834) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements,
consisting of approximately 391 acres, to the Town of New
Windsor, New York. The property is to be used for economic
development purposes. The cost of any surveys necessary for the
conveyance would be borne by the Town.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would specify
that the purpose of the conveyance would be for economic
development. The amendment would include as a condition of
conveyance that the Town agree to provide connections to local
waste water and sewage treatment systems for existing and
future improvements to property retained by the Army Reserve
and the Marine Corps. The Town would also provide waste water
and sewage services at rates established by the appropriate
Federal or State regulatory authority.
Part II--Navy Conveyances
Conveyance of easement, Marine Corps Base, Camp Pendleton, California
(sec. 2851)
The House bill contained a provision (sec. 2841) that
would authorize the Secretary of the Navy to grant an easement
in perpetuity over a parcel of real property, consisting of
approximately 340 acres, to the Foothill/Eastern Transportation
Corridor Agency. The easement is to be used to permit the
construction, operation, and maintenance of a restricted access
highway. As consideration for the easement, the Agency would
pay to the United States an amount equal to the fair market
value of the easement. The cost of any surveys necessary for
the easement would be borne by the Agency.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Land exchange, Naval Reserve Readiness Center, Portland, Maine (sec.
2852)
The House bill contained a provision (sec. 2842) that
would authorize the Secretary of the Navy to convey a parcel of
real property, with improvements, consisting of approximately
3.72 acres, to the Gulf of Maine Aquarium Development
Corporation. As consideration for the conveyance, the
Corporation would pay to the United States an amount equal to
the fair market value of the property. The Secretary would use
the funds paid by the Corporation for the design, construction,
or acquisition of facilities suitable for use by the Naval
Reserve.
The Senate amendment contained a similar provision (sec.
2825) that would authorize the Secretary of the Navy to convey
a parcel of real property consisting of approximately 3.72
acres, including adjacent submerged lands, and the Naval
Reserve Readiness Center, in Portland, Maine, to the Gulf of
Maine Aquarium Development Corporation, Portland, Maine, for
the purpose of establishing an aquarium and research facility.
In exchange for the conveyance, the corporation would provide
replacement facilities for the Naval Reserve, as the Secretary
determines appropriate.
The House recedes with an amendment that would require
the Secretary of the Navy to provide a report to the
congressional defense committees on the terms and conditions of
the agreement between the Secretary and the Corporation. The
Secretary may not convey the property until 21 days after the
date he submits the report.
Land conveyance, Naval and Marine Corps Reserve facility, Youngstown,
Ohio (sec. 2853)
The House bill contained a provision (sec. 2843) that
would authorize the Secretary of the Navy to convey, without
consideration, a parcel of real property with improvements in
Youngstown, Ohio, to the City of Youngstown, Ohio. The purpose
of the conveyance would be for educational purposes. The cost
of any survey necessary for the conveyance would be borne by
the city.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
a reversionary interest of the United States for a five year
period, beginning on the date the Secretary makes the
conveyance. Theamendment would also make certain technical
corrections.
Land conveyance, Naval Air Reserve Center, Minneapolis, Minnesota (sec.
2854)
The Senate amendment contained a provision (sec. 2829)
that would authorize the Secretary of the Navy to convey or
lease a parcel of real property, with improvements consisting
of approximately 32 acres, comprising the Naval Air Reserve
Center, Minneapolis, Minnesota, to the Minneapolis-St. Paul
Metropolitan Airports Commission. The purpose of the conveyance
would be for expansion of the Minneapolis-St. Paul
International Airport. In consideration, the Commission shall
provide a replacement facility, acceptable to the Secretary of
the Navy, to be used as a Naval Air Reserve Center. The
provision would also require the Commission to assume the
relocation expenses.
The House bill contained no similar provision.
The House recedes with an amendment that would modify
the alternative lease authority. The amendment would also
include a notice-and-wait provision and make certain technical
corrections.
Part III--Air Force Conveyances
Modification of land conveyance authority, Eglin Air Force Base,
Florida (sec. 2861)
The Senate amendment contained a provision (sec. 2827)
that would amend the Military Construction Authorization Act,
1979 (Public Law 95-356), as amended by the Military
Construction Authorization Act, 1989 (division B of Public Law
100-456), to authorize the conveyance, at fair market value, of
an additional parcel of real property consisting of
approximately four acres at Eglin Air Force Base, Florida, to
the Air Force Enlisted Men's Widows and Dependents Home
Foundation, Inc.
The House bill contained no similar provision.
The House recedes.
Modification of land conveyance, Finley Air Force Station, North Dakota
(sec. 2862)
The Senate amendment contained a provision (sec. 2830D)
that would amend section 2835 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337) to authorize the Secretary of the Air Force to
convey, without consideration, to the City of Finley, North
Dakota, three parcels of real property with improvements
consisting of approximately 77 acres. The purpose of the
conveyance would be for economic development. The provision
would contain a reversionary clause in the event that the
Secretary of the Air Force determines that the property is not
used in accordance to the condition of conveyance. The
Secretary would be authorized to abate any hazardous substance
in the improvements to be conveyed.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
reversionary interest of the United States to a five year
period, beginning on the date the Secretary makes the
conveyance. The amendment would also strike section (c)
regarding authority to conduct abatement of hazardous
substances. The conferees note that the Secretary of the Air
Force, under existing statute, has the authority and
responsibility to abate hazardous materials.
Land conveyance, Lake Charles Air Force Station, Louisiana (sec. 2863)
The House bill contained a provision (sec. 2851) that
would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 4.38 acres, at Lake
Charles Air Force Station, Louisiana, to McNeese State
University. The property is to be used for educational purposes
and for agricultural research. The cost of any surveys
necessary for the conveyance would be borne by the University.
The Senate amendment contained a similar provision (sec.
2826). The provision would condition the conveyance upon the
acceptance by the University of the property subject to such
easements or rights of way as the Secretary considers
appropriate. The provision would include a reversion clause in
the event that the Secretary determines that the conveyed
property is not used in accordance with the condition of
conveyance.
The Senate recedes with an amendment that would require
a reversionary interest of the United States for a five year
period, beginning on the date the Secretary makes the
conveyance.
Land conveyance, Air Force Housing facility, La Junta, Colorado (sec.
2864)
The House bill contained a provision (sec. 2852) that
would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 28 acres, to the City
of La Junta, Colorado. The property is to be used for housing
and educational purposes. The cost of any surveys necessary for
the conveyance would be borne by the City.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
a reversionary interest of the United States for a five year
period, beginning on the date the Secretary makes the
conveyance. The amendment would also make certain technical
corrections.
Subtitle E--Other Matters
Modification of authority relating to Department of Defense laboratory
revitalization demonstration program (sec. 2871)
The Senate amendment contained a provision (sec. 2833)
that would extend the authority relating to the Department of
Defense Laboratory Revitalization Demonstration Program
authorized by section 2892 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104-106) for a five year period, ending on September 30,
2003. The provision would require the Secretary of Defense to
submit a report, not later than February 1, 2003, on the
desirability of making the program permanent.
The House bill contained no similar provision.
The House recedes.
Repeal of prohibition on joint use of Gray Army Airfield, Fort Hood,
Texas, with civil aviation (sec. 2872)
The House bill contained a provision (sec. 2861) that
would repeal the prohibition on joint military-civilian use of
Gray Army Airfield.
The Senate amendment contained a similar provision.
The Senate recedes.
Modification of demonstration project for purchase of fire, security,
police, public works, and utility services from local
government agencies (sec. 2873)
The House bill contained a provision (sec. 2864) that
would amend section 816(b) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337), as
amended, to extend the period under which a demonstration
project is authorized for the purchase of fire, security,
police, public works, and utility services from local
government at specified locations in Monterey, California.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 816 of the National Defense Authorization Act for
Fiscal Year 1995, as amended, by adding new section that would
terminate the demonstration project effective September 30,
2000.
Designation of building containing Navy and Marine Corps Reserve
Center, Augusta, Georgia (sec. 2874)
The House bill contained a provision (sec. 2862) that
would designate the building housing the Navy and Marine Corps
Reserve Center in Augusta, Georgia, as the A. James Dyess
Building.
The Senate amendment contained no similar provision.
The Senate recedes.
Legislative Provisions Not Adopted
Expansion of Arlington National Cemetery
The House bill contained a provision (sec. 2863) that
would authorize the transfer of real property and exchange of
jurisdiction between the Secretary of Defense and the Secretary
of the Army to provide for an expansion of Arlington National
Cemetery, Virginia. The property to be transferred to the
administrative jurisdiction of the Secretary of the Army
consists of three parcels, totaling approximately 36.5 acres,
located at the Navy Annex of the Pentagon. The provision would
also require the Secretary of the Army to modify the boundary
of Arlington National Cemetery to include two parcels of real
property, totaling approximately eight acres, situated in Fort
Myer, Virginia, contiguous to the Cemetery.
The Senate amendment contained no similar provisions.
The House recedes.
The conferees note that Arlington National Cemetery may
be able to accommodate ground burials through approximately the
year 2025. The conferees further note that this circumstance
may not permit the accommodation of veterans who served in the
armed forces during the Vietnam era. The conferees direct the
Secretary of the Army, in coordination with the Secretary of
Defense and in consultation with the Commonwealth of Virginia,
the County of Arlington, Virginia, and appropriate federal
agencies, to assess the land requirements, through either
acquisition, exchange, or transfer, that would permit an
expansion of Arlington National Cemetery to accommodate ground
burials beyond the current estimated useful life of the
cemetery. The conferees direct the Secretary of the Army to
assess the adequacy of the master planning process for the
cemetery. The Secretary shall submit a report on the
Department's findings, including any recommendations, to the
Congress no later than April 1, 1999. The conferees further
direct the Secretary to report periodically, as circumstances
warrant, on options to enhance Arlington National Cemetery.
Increase in thresholds for reporting requirements relating to real
property transactions
The Senate amendment contained a provision (sec. 2811)
that would amend section 2662 of title 10, United States Code,
to increase the threshold for congressional notification for
real property transactions from $200,000 to $500,000. The
transactions requiring notification include the purchase,
lease, transfer, and disposal of real property.
The House bill contained no similar provision.
The Senate recedes.
Beach replenishment, San Diego, California
The Senate amendment contained a provision (sec. 2832)
that would authorize the Secretary of the Navy to use funds
remaining from the Naval Air Station North Island, California,
dredging project authorized in section 2204(a)(1) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 105-85) to carry out beach
replenishment in and around San Diego, California. The
provision would authorize the secretary to merge any funds
contributed to the cost of that project by the State of
California and by local governments under the agreement under
section2205 of the Military Construction Authorization Act for
Fiscal Year 1997. The provision would prohibit any obligation of funds
to carry out the beach replenishment project until 30 days after the
date on which the Secretary submits to the congressional defense
committees a report.
The House bill contained no similar provision.
The Senate recedes.
Upon completion of the dredging project at Naval Air
Station, North Island, California, authorized by section
2204(a)(1) of the Military Construction Authorization Act for
Fiscal Year 1997, and any associated beach replenishment
activity otherwise authorized by law, the conferees direct the
Secretary of the Navy to submit a report to the congressional
defense committees detailing the total cost of the dredging
project, the cost of any beach replenishment activity conducted
by the Secretary, and the contributions, if any, provided by
the State of California and local government agencies for beach
replenishment activities associated with activities conducted
by the Secretary.
Development of Ford Island, Hawaii
The Senate amendment contained a provision (sec. 2835)
that would require the Secretary of Defense to submit, not
later than December 1, 1998, a report regarding the potential
for development of Ford Island within the Pearl Harbor Naval
Complex, Oahu, Hawaii. The report would consider innovative
resource development measures, including but not limited to, an
enhanced-use leasing program similar to that of the Department
of Veterans Affairs, as well as the sale or other disposal of
land in Hawaii under the control of the Navy as part of an
overall program for Ford Island development. The report would
include proposed legislation for carrying out the measures
recommended.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to include a requirement for the
Secretary of Defense to assess the proposal of the Secretary of
the Navy regarding the potential for the development of Ford
Island, and to submit any proposed legislation deemed
appropriate, in section 2814 concerning leasing and other
alternative uses of non-excess military property.
Repairs and stabilization measures at Walter Reed Army Medical Center
The Senate amendment contained a provision (sec. 2837)
that would authorize $2.0 million for repairs and stabilization
efforts at Walter Reed Army Medical Center.
The House bill contained no similar provision.
The Senate recedes.
The conferees urge the Department of the Army to allocate
sufficient real property maintenance funding to provide for the
repair and stabilization of the Forest Glen Annex.
Modification of limitations on general authority relating to base
closures and realignments
The Senate amendment contained a provision (sec. 2851)
that would amend section 2687 of title 10, United States Code,
to further restrict the general authority of the Department of
Defense regarding the closure and realignment of military
installations. The provision would reduce the current ceiling
for closure actions from 300 civilian personnel to 225, and
reduce the current ceiling for realignments from 1,000
civilians, or 50 percent of the total civilian employment at a
base to 750 or 40 percent respectively.
The House bill contained no similar provision.
The Senate recedes.
Prohibition on closure of a base within four years after a realignment
of the base
The Senate amendment contained a provision (sec. 2852)
that would amend chapter 159 of title 10, United States Code,
to prohibit the Department of Defense from obligating or
expending any funds to close a military installation that has
been realigned within four years after the completion of any
realignment that would reduce the number of civilian personnel
employed at that installation below 225.
The House bill contained no similar provision.
The Senate recedes.
Sense of Congress on further rounds of base closures
The Senate amendment contained a provision (sec. 2853)
that would express the sense of Congress that Congress should
not authorize further rounds of base closure and realignment
until all actions resulting from the 1995 round are completed
and that the Department of Defense should submit forthwith the
report required by section 2815 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337),
concerning the effects of base closures on the ability of the
armed forces to remobilize.
The House bill contained no similar provision.
The Senate recedes.
Title XXIX--Juniper Butte Range Withdrawal
Legislative Provisions Adopted
Juniper Butte Range withdrawal (secs. 2901-2919)
The Senate amendment contained title XXIX (secs. 2901-
2919) that would provide for the withdrawal and reservation of
approximately 12,000 acres of public lands, known as the
Juniper Butte Range, Idaho, to support enhanced military
training at Mountain Home Air Force Base, Idaho.
The House bill contained no similar provision.
The House recedes with an amendment that would ensure
that environmental remediation of relinquished withdrawn lands
conforms to existing legal requirements, strike the sense of
the Senate regardingthe monitoring of withdrawn lands, provide
for indemnification of the United States against any liability related
to mining activities, and make certain technical corrections.
The conferees direct the Department of the Air Force to
develop a cooperative effort with the Bureau of Land
Management, the State of Idaho, and Owyhee County, Idaho, to
monitor the impact of military activities on the natural,
cultural, and other resources of the lands withdrawn and
reserved by this title, as well as other federal and state
lands affected by military activities associated with the
Juniper Butte Range. The Secretary of the Air Force shall
ensure that budgetary planning includes sufficient funds to
provide for the participation of the Department of the Air
Force in such a federal, state, and local cooperative
monitoring effort. The conferees expect that the budgetary
planning of the Department of the Air Force will be consistent
with the commitment made by the Secretary of the Air Force, in
a letter dated June 11, 1998.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs
Overview
The budget request for fiscal year 1999 contained an
authorization of $12,280.2 million for the Defense Nuclear
Activities. The House bill would authorize $11,879.5 million.
The Senate amendment would authorize $11,920.9 million. The
conferees recommended an authorization of $11,950.2 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Legislative Provisions Adopted
Subtitle A--National Security Programs Authorizations
Weapons activities (sec. 3101)
The House bill contained a provision (sec. 3101) that
would authorize $4.5 billion for weapons activities and an
offset of $340.9 million to account for available uncosted,
unobligated prior year funds.
The Senate bill contained a similar provision (sec. 3101)
that would authorize $4.5 billion for weapons activities and an
offset of $145.0 million to account for available uncosted,
unobligated prior year funds.
The House recedes in part and the Senate recedes in part.
The conferees recommend authorization of $4.5 billion for
atomic energy defense weapons activities of the Department of
Energy, a reduction of $2.0 million from the requested amount
of $4.5 billion. The amount authorized is for the following
activities: $2.1 billion for stockpile stewardship, a reduction
of $40.0 million; $2.1 billion for stockpile management
activities, an increase of $62.1 million; and $250.0 million
for program direction, a reduction of $10.5 million. The
conferees recommend an undistributed reduction of $13.6 million
to stockpile stewardship and stockpile management construction
projects. The conferees further recommend an undistributed
reduction of $178.9 million to operating and management and
program direction funds to be offset by available uncosted,
unobligated prior year funds.
Stockpile stewardship programs
The conferees recommend $487.0 million for the
Accelerated Strategic Computing Initiative (ASCI) and Stockpile
Computing program, a reduction of $30.0 million. The conferees
note that even at this reduced level of funding, the ASCI
program will experience significant growth over fiscal year
1998 funding levels.
The conferees believe that the Department has not fully
justified the rapid growth requested for this program or the
pace of acquisition of added computational capacities. The
conferees believe that the proposed reduction will have no
significant impact on the Department's stockpile stewardship
and management programs. The conferees strongly encourage the
Department to slow the rate of growth in this program in future
fiscal years.
The conferees support the Secretary of Energy's
commitment to fund cooperative efforts with the Pittsburgh
Supercomputing Center. The conferees note, however, that the
utilization rate of existing DOE-owned supercomputers is very
low. The conferees direct the Secretary of Energy to report to
the congressional defense committees on the justification for
such leases, and whether any such leased capabilities can
better meet the Department's supercomputing needs in lieu of
planned acquisitions proposed within the ASCI program.
Stockpile management programs
Of the funds available for stockpile management, the
conferees recommend an increase of $58.5 million for weapons
production plants, to be allocated as follows: $25.0 million
for the Pantex Plant to support scheduled workload requirements
associated with weapons dismantlement activities and for skills
retention; $15.5 million for the Kansas City Plant to support
advanced manufacturing efforts such as the Advanced Development
Program and for skills retention; $13.0 million for the Y-12
Plant to support maintenance of core stockpile management
capabilities; and $5.0 million for the Savannah River Site to
support infrastructure and maintenance activities.
The Senate report (S. Rpt. 105-189) encouraged the
Assistant Secretary for Defense Programs to create a stockpile
stewardship and management council to advise the Assistant
Secretary on programmatic and budget issues related to the
Department's weapons missions. The conferees address this issue
in a separate provision in this title.
Consistent with the Senate report, the conferees direct
the Secretary of Energy and Secretary of Defense to prepare a
long range plan identifying pit production requirements,
including quantities by warhead type, schedules, costs, and
siting options. The report should also identify the military
requirements and assumptions underlying each option and include
options that reflect various potential stockpile levels. The
report should be submitted to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives in both unclassified and classified
form not later than March 1, 1999.
Technology transfer and education
The conferees recommend $59.0 million for technology
transfer and education activities. Of this amount, the
conferees recommend $10.0 million for the American Textiles
Partnership project.
Program direction
The conferees recommend a $10.5 million reduction to the
budget request for program direction. The conferees believe
that the reduction can be achieved through continued efficiency
savings to be gained from realignment efforts described in the
Institute for Defense Analysis report on the Department's
management structure for weapons activities.
Construction projects
The conferees recommend a reduction of $30.0 million to
stockpile stewardship and stockpile management construction
projects, to be allocated as follows: a reduction of $11.0
million from the chemistry and metallurgy research facility
renovation project (95-D-102) to reflect continued delays and
suspended operations at that facility; a reduction of $5.4
million from the nuclear material storage facility renovation
project (97-D-122) to reflect delays in final design and
deferral of planned construction activities; and an
undistributed reduction of $13.6 million.
The conferees compliment the Director of Los Alamos
National Laboratory on the establishment of an external
evaluation team to review laboratory construction projects,
including laboratory management practices, management tools,
organization, and training. The conferees understand that the
external team will make recommendations to the Director for
systematic improvements to current practices. The conferees
endorse this approach.
Tritium production
The conferees do not believe the Department's fiscal year
1999 budget request of $157.0 million for tritium production to
be credible. The conferees note that the requirement to deliver
new tritium by the year 2005 for the light water reactor and
the year 2007 for the accelerator, as identified in the Nuclear
Weapons Stockpile Memorandum, has not changed. The conferees
believe that the Department's unwillingness to include funding
for the acquisition of a new tritium source in its proposed out
year funding plan is unacceptable. Further, the conferees note
that the fiscal year 1999 budget request does not appear to be
sufficient to complete the Department's own dual track tritium
strategy. The conferees are very concerned that the Department
did not request sufficient funds to continue evaluation of both
technologies being considered under the dual track approach.
The conferees recommend an increase of $20.0 million for design
and research associated with the accelerator production of
tritium option.
The conferees direct the Secretary of Energy to submit to
the congressional defense committees a plan regarding how all
fiscal year 1999 tritium funds will be allocated. The plan
shall be submitted not later than 45 days after enactment of
this Act.
Inertial confinement fusion
The budget request included $213.8 million for the
inertial confinement fusion (ICF) program. The conferees
believe that work by the University of Rochester's Laboratory
for Laser Energetics with the Omega laser is an essential
element of the ICF program. The conferees recommend the
requested amount and direct that, within the amount available,
the $29.0 million be allocated for the Laboratory for Laser
Energetics.
Defense environmental restoration and waste management (sec. 3102)
The House bill contained a provision (sec. 3102) that
would authorize $5.8 billion for defense environmental
restoration and waste management activities (also known as the
Environmental Management program), including defense
environmental management privatization, and an offset of $94.1
million to account for available uncosted, unobligated prior
year funds, for a total reduction of $76.4 million to the
budget request.
The Senate amendment contained a similar provision (sec.
3102) that would authorize $5.3 billion for defense
environmental restoration and waste management activities,
excluding defense environmental management privatization, and
an offset of $21.0 million to account for available uncosted,
unobligated prior year funds, for a total increase of $36.0
million to the budget request.
The House recedes in part and the Senate recedes in part.
The conferees recommend authorization of $5.4 billion for
defense environmental management activities, excluding defense
environmental management privatization, an increase of $85.9
million to the budget request. The amount authorized is for the
following activities: $1.0 billion for closure projects, an
increase of $32.0 million; $1.0 billion for site and project
completion, an increase of $20.0 million; $2.7 billion for
post-2006 completion, an increase of $71.0 million; $250.0
million for technology development, an increase of $57.0
million; $346.2 million for program direction, the amount of
the budget request. The conferees recommend an undistributed
reduction of $94.1 million to be offset by available uncosted,
unobligated prior year funds.
Post-2006 completion
Of the amounts authorized for post-2006 completion, the
conferees recommend an increase of $5.0 million to the National
Spent Fuel Program to address regulatory and repository issues
associated with Department of Energy owned spent nuclear fuel,
an increase of $10.0 million to accelerate research and
treatment of high level nuclear wastes at the Idaho National
Engineering and Environmental Laboratory, an increase of $18.0
million to drain single shell tanks at the Hanford site, an
increase of $30.0 million for augmentation of the Defense Waste
Processing Facility operations and modification of in-tank
precipitation process equipment at the Savannah River Site to
address problems associated with the release of explosive
benzene, and an increase of $8.0 million to assist the State of
New Mexico with completion of a bypass around Santa Fe to
accomodate shipments of materials to the Waste Isolation Pilot
Plant. The conferees recommend full funding for the F-canyon
and H-canyon materials processing facilities.
Site and project completion
Of the amounts authorized for site and project
completion, the conferees recommend an increase of $20.0
million for the heavy water processing project at the Savannah
River Site. The conferees understand that this project will
result in net revenues to the government over the next five
years.
Technology development
The conferees are concerned that the budget request for
the Office of Science and Technology is inadequate. Recent
departmental testimony to the Committee on Armed Services of
the Senate and findings in the ``Accelerating Cleanup--Pathways
to Closure'' report have identified that the Department cannot
meet its accelerated closure goals without aggressive
application of new technologies. The conferees agree with the
Department's assessment of the need for increased use of
innovative technology at DOE facilities. The conferees
encourage the Department to revise its performance measures for
facility managers to include the application of new technology
in site cleanup activities.
The conferees encourage DOE to continue cooperative
efforts with Federal and State regulators and non-profit
organizations to facilitate the rapid deployment of innovative
technologies at DOE sites. This effort should include
cooperative efforts to assist the implementation of more
uniform technology verification and regulatory acceptance
criteria to DOE-developed technologies.
The conferees direct the Secretary of Energy to submit a
report to Congress on the proposed uses of the $57.0 million
increase in this account.
No funds authorized to be appropriated pursuant to this
section are available to support, or enter into cooperative
efforts in support of, the Russian Nuclear Cities Initiative,
or any other foreign assistance program. The conferees continue
to support cooperative programs with international partners
that facilitate environmental cleanup or waste management
activities at Department of Energy sites.
Off-site disposal of low level waste
The conferees are concerned that the Department has only
one commercial low-level waste disposal option available.
Although this facility has a satisfactory operating record and
has proven to be a cost effective option for waste disposal, it
remains the Department's sole large-scale commercial disposal
option. The conferees encourage the Department to move forward
with a national procurement, as announced by the Secretary of
Energy, to initiate open competition for the Department's off-
site waste disposal contracts.
Other defense activities (sec. 3103)
The budget request included $1.667 billion for Other
Defense Activities for the Department of Energy (DOE) for
fiscal year 1999, which included an offset to user
organizations of $20.0 million.
The House bill contained a provision (sec. 3103) that
would authorize a $33.6 million increase to the budget request.
The Senate amendment contained a provision (sec. 3103)
that would authorize a $5.0 million increase to the budget
request.
The conferees recommend authorization of $1.716 billion
for other defense activities, an increase of $27.0 million to
the budget request, for the following activities: $679.3
million for nonproliferation and national security activities,
of which $503.5 million is for verification and control
technology activities; $168.9 million for fissile materials
control and disposition; $89.0 million for environment, safety
and health activities; $35.0 million for international nuclear
safety activities; and $681.5 million for navalreactors. The
amount authorized is offset by $20.0 million to account for user
organizations, and is further offset by $2.0 million in uncosted and
unobligated prior year funds.
Nonproliferation and verification and control technology
The conferees agree to a $3.0 million increase to the
budget request for intelligence activities. The conferees also
express their continued support for the broad participation of
the Department of Energy national laboratories, including the
Pacific Northwest Laboratory, Idaho National Laboratory, the
Savannah River Site and industry in the research and
development of forensic analytical technologies to detect and
respond to radiological and nuclear threats and international
nuclear smuggling events. Additionally, the conferees direct
that the Department ensure that all research and development
activities in the area of chemical and biological detection and
defense be coordinated with the Department of Defense.
Russian reactor core conversion program
The conferees endorse the recommendation contained in the
Senate report (S. Rept. 105-189) that the Department of Energy
keep the congressional defense committees informed on the
status of the Reactor Shutdown Agreement between the United
States and the Russian Federation.
Nuclear smuggling and counterterrorism
The conferees direct the Department of Energy to report
to the congressional defense committees not later than 30 days
after the date of enactment of this Act on the use of funds
made available in the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) to plan and conduct
exercises to prepare Federal, state, and local entities to
respond to domestic terrorist use of nuclear materials and
devices. Additionally, the conferees direct the Department of
Energy to report to the congressional defense committees not
later than November 1, 1998 on the status of the investigations
of the sale of high performance computers to Russia and China,
and steps taken by the Department of Energy and other federal
agencies and department of the U.S. Government to recover such
high performance computers.
Emergency management
The conferees agree to authorize the budget request of
$23.7 million for emergency management activities to strengthen
and expand the Department's support for domestic crisis and
consequence management in combatting weapons of mass
destruction terrorism and nuclear smuggling and nuclear
material trafficking as well as to provide comprehensive,
integrated emergency planning, preparedness, response, and
management throughout the Department of Energy. The conferees
agree that no funds authorized for the Department are to be
used to provide support to state and local authorities for
activities unrelated to providing appropriate emergency
responses to natural and man-made disasters involving
radiological hazards and threats.
Fissile materials control and disposition
The conferees recommend the budget request of $168.9
million for fissile materials control and disposition. The
conferees are pleased with the approach being pursued by the
Department in the fissile materials disposition program. The
conferees authorize full funding for title I design for new
materials disposition facilities. The conferees direct the
Secretary to continue planning and design of such facilities.
The conferees agree that $25.0 million, as requested in
the budget for the fissile materials control and disposition
program, for cooperative efforts with the Russian Federation is
adequate for this activity. With the exception of achieving
agreement on a joint testing program, the conferees believe
there has has been insufficient progress achieved in
negotiating the bilateral agreement with the Russian
Federation. The conferees encourage the Department to continue
its efforts to achieve an agreement with the Russian Federation
on this program. In the interim, the conferees direct the
Department to report periodically to the congressional defense
committees on the status of efforts to achieve agreement on
this program, as well as on the estimated cost and how the
Russian Federation proposes to finance the program.
Security investigations
The conferees understand that the costs of conducting
security investigations is borne principally by individual
departmental program elements. The conferees further understand
that the amount requested by the Department in the security
investigations account includes funds that are also included in
individual Departmental program element budgets and are,
therefore, double counted. In order to reflect the true costs
of such activities, the conferees decreased the amount
authorized by section 3103(a)(1)(C) by $20.0 million to reflect
those funds that are included in program element budgets.
Worker and community transition
The conferees recommend a reduction of $5.0 million to
the worker and community transition budget request.
Environment, safety and health--defense
The conferees recommend an increase of $15.0 million to
the budget request for defense environment, safety and health
for health studies.
Naval reactors
The conferees recommend an increase of $16.0 million to
the budgetrequest for the Office of Naval Reactors to expedite
decommissioning and decontamination activities at surplus prototype
plant facilities.
Defense nuclear waste disposal (sec. 3104)
The House bill contained a provision (sec. 3104) that
would authorize $190.0 million for the Department of Energy
fiscal year 1998 defense contribution to the defense nuclear
waste fund.
The Senate amendment contained an identical provision
(sec. 3104).
The conference agreement includes this provision.
Defense environmental management privatization (sec. 3105)
The Senate amendment contained a provision (sec. 3105)
that would provide $273.9 million for defense environmental
management privatization projects to be allocated as follows:
$113.5 million for the tank waste remediation system project,
phase I (Richland); $20.0 million for spent nuclear fuel dry
storage (Idaho); $87.3 million for advanced mixed waste
treatment (Idaho); $19.6 million for remote handled transuranic
waste transportation (Carlsbad); and $33.5 million for
environmental management/waste management disposal (Oak Ridge).
The Senate amendment further authorized the use of $32.0
million in unobligated, uncosted, and undistributed prior year
defense environmental management privatization funds.
The House bill contained a similar provision (section
3102) that addressed all defense environmental management
funds, including $286.8 million for defense environmental
management privatization projects.
The House recedes with an amendment that would provide
$286.9 million for defense environmental management
privatization projects to be allocated as follows: $100.0
million for the tank waste remediation system project, phase I
(Richland); $30.0 million for spent nuclear fuel dry storage
(Idaho); $87.3 million for advanced mixed waste treatment
(Idaho); $19.6 million for remote handled transuranic waste
transportation (Carlsbad); and $50.0 million for environmental
management/waste management disposal (Oak Ridge). The conferees
agree to offset this amount through the use of $32.0 million in
unobligated, uncosted, and undistributed prior year defense
environmental management privatization funds. The conferees
direct that the offset be achieved through the use of: $15.0
million in fiscal year 1997 unobligated, uncosted balances to
reflect the cancellation of the broad spectrum low activity
mixed waste treatment privatization project (Oak Ridge); $10.0
million in fiscal year 1997 unobligated, uncosted balances to
reflect cancellation of the waste water treatment plant
privatization project (Rocky Flats); and $7.0 million in fiscal
year 1998 unobligated, uncosted and undistributed balances.
The conferees note that the Senate report endorsed the
transfer of responsibility for the Hanford Tank Waste
Remediation System (TWRS) project to the Assistant Secretary of
Energy for Environmental Management. The conferees address this
issue in a separate section of this title.
Subtitle B--Recurring General Provisions
Reprogramming (sec. 3121)
The House bill contained a provision (sec. 3121) that
would prohibit the reprogramming of funds in excess of 110
percent of the amount authorized for the program, or in excess
of $1.0 million above the amount authorized for the program,
until the Secretary of Energy submits a report to the
congressional defense committees and a period of 30 calendar
days has elapsed after the date on which the report is
received.
The Senate amendment contained an identical provision
(sec. 3121).
The conference agreement includes this provision.
Limits on general plant projects (sec. 3122)
The House bill contained a provision (sec. 3122) that
would authorize the Secretary of Energy to carry out any
construction project authorized under general plant projects if
the total estimated cost does not exceed $5.0 million. The
provision would require the Secretary to submit a report to the
congressional defense committees if the cost of the project is
revised to exceed $5.0 million. Such a report would include the
reasons for the cost variation.
The Senate amendment contained an identical provision
(sec. 3122).
The conference agreement includes this provision.
Limits on construction projects (sec. 3123)
The House bill contained a provision (sec. 3123) that
would permit any construction project to be initiated and
continued only if the estimated cost for the project does not
exceed 125 percent of the higher of: (1) the amount authorized
for the project or (2) the most recent total estimated cost
presented to the Congress as justification for such project.
The Secretary of Energy may not exceed such limits until 30
legislative days after the Secretary submits to the
congressional defense committees a detailed report setting
forth the reasons for the increase. This provision would also
specify that the 125 percent limitation would not apply to
projects estimated to cost under $5.0 million.
The Senate amendment contained an identical provision
(sec. 3123).
The conference agreement includes this provision.
Fund transfer authority (sec. 3124)
The House bill contained a provision (sec. 3124) that
would permit funds authorized by this Act to be transferred to
other agencies of the government for performance of work for
which the funds were authorized and appropriated. The provision
would permit the merger of such transferred funds with the
authorizations of the agency to which they are transferred. The
provision would also limit, to not more than five percent of
the account, the amount of such funds that may betransferred
between authorization accounts in the Department of Energy that were
authorized pursuant to this Act.
The Senate amendment contained an identical provision
(sec. 3124).
The conference agreement includes this provision.
Authority for conceptual and construction design (sec. 3125)
The House bill contained a provision (sec. 3125) that
would limit the Secretary of Energy's authority to request
construction funding until the Secretary has completed a
conceptual design. This limitation would apply to construction
projects with a total estimated cost greater than $5.0 million.
If the estimated cost to prepare the construction design
exceeds $600,000, the provision would require the Secretary to
obtain a specific authorization to obligate such funds. If the
estimated cost to prepare the conceptual design exceeds $3.0
million, the provision would require the Secretary to request
funds for the conceptual design before requesting funds for
construction. The provision would further require the Secretary
to submit to Congress a report on each conceptual design
completed under this provision. The provision would also
provide an exception to these requirements in the case of an
emergency.
The Senate amendment contained an identical provision
(sec. 3125).
The conference agreement includes this provision.
Authority for emergency planning, design, and construction activities
(sec. 3126)
The House bill contained a provision (sec. 3126) that
would permit the Secretary of Energy to perform planning and
design with any funds available to the Department of Energy
pursuant to this title, including those funds authorized for
advance planning and construction design, whenever the
Secretary determines that the design must proceed expeditiously
to protect the public health and safety, to meet the needs of
national defense, or to protect property.
The Senate amendment contained an identical provision
(sec. 3126).
The conference agreement includes this provision.
Funds available for all national security programs of the Department of
Energy (sec. 3127)
The House bill contained a provision (sec. 3127) that
would authorize, subject to section 3121 of this Act, amounts
appropriated for management and support activities and for
general plant projects to be made available for use in
connection with all national security programs of the
Department of Energy.
The Senate amendment contained an identical provision
(sec. 3127).
The conference agreement includes this provision.
Availability of funds (sec. 3128)
The House bill contained a provision (sec. 3128) that
would authorize amounts appropriated for operating expenses or
for plant and capital equipment for the Department of Energy to
remain available until expended. Program Direction funds would
remain available until the end of fiscal year 2000.
The Senate amendment contained a similar provision (sec.
3128) that would authorize Program Direction funds to remain
available until the end of fiscal year 2001.
The House recedes.
Transfers of defense environmental management funds (sec. 3129)
The House bill contained a provision (sec. 3129) that
would provide the manager of each field office of the
Department of Energy with limited authority to transfer up to
$5.0 million in fiscal year 1999 defense environmental
management funds from one program or project under the
jurisdiction of the office to another such program or project,
once in a fiscal year. The provision would extend the authority
granted by section 3139 of the National Defense Authorization
Act for Fiscal Year 1997 by allowing transfers of funds among
programs and projects in the Site and Project Completion, Post-
2006 Completion, and Science and Technology accounts.
The Senate amendment contained a similar provision (sec.
3129) that would allow transfers of funds between programs and
projects in the Site Closure Project, and Project Completion,
and Post-2006 Completion accounts.
The Senate recedes with an amendment that would allow
transfers of funds between programs and projects in the Site
and Project Completion and Post-2006 Completion accounts.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Permanent extension of funding prohibition relating to international
cooperative stockpile stewardship (sec. 3131)
The House bill contained a provision (sec. 3132) that
would amend section 3133(a) of the National Defense
Authorization Act for Fiscal Year 1998 (P.L. 105-85) to
establish a permanent prohibition on expenditures of funds for
cooperative stockpile stewardship efforts with any nation
except for France or the United Kingdom, or, as specifically
authorized with nations of the former Soviet Union.
The Senate amendment contained a similar provision (sec.
3131) that would prohibit use of fiscal year 1999 or prior year
funds to conduct such international cooperative stockpile
stewardship activities.
The Senate recedes.
Support of ballistic missile defense activities of the Department of
Defense (sec. 3132)
The House bill contained a provision (sec. 3133) that
would require the Secretary of Energy to make available, from
funds authorized for Department of Energy atomic energy weapons
activities, no less than$60.0 million for missile defense
technology development in cooperation with the Ballistic Missile
Defense Organization (BMDO) for the purpose of developing,
demonstrating, and testing hit-to-kill interceptor vehicles for theater
missile defense systems.
The Senate amendment contained a provision (sec. 3132)
that would prohibit the use of any funds authorized by title
XXXI to support ballistic missile defense research,
development, demonstration, testing, and evaluation. The
prohibition would include studies and assessments. The
provision would also prohibit use of Laboratory Directed
Research and Development and laboratory overhead funds for such
purposes.
The Senate recedes with an amendment that would make
available $30.0 million for technology development, concept
demonstration, and integrated testing to improve reliability
and reduce risk in hit-to-kill interceptors; science and
engineering teams to address technical problems identified by
the Director of BMDO which are critical to the acquisition of a
theater missile defense capability; and other research,
development and demonstration activities that support the
mission of BMDO. The provision would require that any such
activities conform to the joint memorandum of understanding
between the Secretaries of Energy and Defense required by
section 3131 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85). The provision would allow
the covered activities to be funded through direct
contributions or waiver of a Federal administrative charge,
overhead costs, or other indirect costs of the Department of
Energy or its contractors.
Nonproliferation activities (sec. 3133)
The Senate amendment contained a provision (sec. 3139)
that would make $30.0 million available for the Initiatives for
Proliferation Prevention (IPP) program and $30.0 million
available to implement the initiative known as the ``Nuclear
Cities Initiative'' (NCI) program pursuant to the March 1998
agreement between the United States and the Russian Federation.
The House bill contained no similar provision.
The House recedes with an amendment that would make up to
$20.0 million available for the IPP program. Additionally, the
provision would require the Secretary of Energy to submit a
report to the congressional defense committees on the Nuclear
Cities Initiative program and wait a period of 20 legislative
days after the date on which the report is received prior to
the obligation and expenditure of any funds.
The amendment would also require the report of the
Secretary on the NCI program to include among other items, the
objectives of the NCI program and the process and method by
which the program will be implemented (to include the status of
bilateral agreements), a timeline of the program and milestones
to be achieved, and the funding requirements through the
completion of the program. In addition, the report should
include any information on the participation of other federal
agencies and departments in the NCI program, as well as the
participation of U.S. industry.
Licensing of certain mixed oxide fuel fabrication and irradiation
facilities (sec. 3134)
The Senate amendment contained a provision (sec. 3133)
that would require any person constructing or operating a new
or operating an existing facility to fabricate mixed oxide
(MOX) fuel for use in a commercial nuclear reactor to be
subject to licensing by the Nuclear Regulatory Commission
(NRC). The provision would also require the occupational safety
and health of employees working at such facilities to be
subject to regulation by the Department of Labor. The provision
would exempt the Department of Energy MOX-related
demonstration, testing, and research activities from such
licensing requirements.
The House bill contained no similar provision.
The House recedes with a technical amendment.
The conferees do not endorse the wholesale external
regulation of Department of Energy defense nuclear facilities
and remain skeptical of the potential benefits associated with
implementing new regulatory regimes at other new or existing
DOE defense nuclear facilities.
Continuation of processing, treatment, and disposition of legacy
nuclear materials (sec. 3135)
The Senate amendment contained a provision (sec. 3134)
that would require the Secretary of Energy to maintain a high
state of readiness at the F-canyon and H-canyon facilities at
the Savannah River Site.
The House bill contained no similar provision.
The House recedes.
The conferees note that this action was recommended by
the Defense Nuclear Facilities Safety Board and is consistent
with direction provided by previous authorization acts.
Authority for Department of Energy federally funded research and
development centers to participate in merit-based technology
research and development programs (sec. 3136)
The Senate amendment contained a provision (sec. 3135)
that would amend the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337) to grant Department of
Energy (DOE) sponsored federally funded research and
development centers (FFRDCs) the same ability to compete for
contracts as Department of Defense (DOD) sponsored FFRDCs.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
authority to those activities conducted under contract with, or
on behalf, of the Department of Defense.
The conferees do not support the concept of DOE FFRDCs
competing directly or indirectly with the private sector. In
implementing this authority, the conferees expect DOE FFRDCs to
comply fully with all DOD and DOE policy guidance and
regulations governing FFRDCs. The conferees expect DOE FFRDCs
to focus on their core competencies, expertise, or unique
facilities.
Activities of Department of Energy facilities (sec. 3137)
The Senate amendment contained a provision (sec. 3140)
that would establish a uniform Federal administrative charge of
three percent on all contract research activities carried out
for non-Department of Energy (DOE) entities at DOE contractor
operated facilities. The provision would eliminate the
Secretary of Energy's current authority to waive the Federal
administrative charge, except that the Secretary would be
authorized to continue existing waivers, if the Secretary so
determines, and would be authorized to waive charges for small
businesses, institutions of higher education, non-profit
entities, and state and local governments. The provision would
authorize the Secretary to enter into a five-year pilot program
at selected facilities to develop reduced overhead charges
designed to recover all costs generated by external entities
who may not utilize the full range of services at a DOE
facility for which overhead costs may be charged. The provision
would encourage the Secretary to establish a new small business
technology partnership program to make DOE expertise and
capabilities more accessible to small businesses, and would
encourage the Secretary to pursue partnerships and interactions
with universities and private businesses.
The House bill contained no similar provision.
The House recedes with an amendment that would allow the
Secretary to waive the Federal administrative charge at all DOE
facilities. The conferees did not include the small business
technology partnership or partnerships and interactions
provisions.
The conferees encourage the Secretary to continue the
establishment of cooperative partnerships and interactions with
universities and private industry at contractor-operated
facilities where such interaction will help the Department
better carry out its national security missions. The conferees
further encourage the Secretary to create small business
technology partnership programs at contractor-operated
facilities where such interaction will help the Department
better carry out its national security missions. The Secretary
is encouraged to designate small funding pools at DOE sites to
carry out such programs. The Secretary should include annually
with the President's budget request a report on the
effectiveness and applicability of any such programs to the
missions of the Department of Energy.
Hanford overhead and service center costs (sec. 3138)
The House bill contained a provision (sec. 3135) that
would prohibit the use of certain fiscal year 1999 funds at the
Hanford Site until the Secretary of Energy certifies to
Congress that the Department does not intend to pay overhead
costs of more than 33 percent of total contract overhead costs
at that Site. The provision would prohibit the obligation of
$12.0 million for reactor decontamination and decommissioning
and $18.0 million for drainage of single-shell waste tanks at
the Hanford Site until the Secretary completes the
certification. The provision would further require that any
savings that result from compliance with this section be
retained for use at the Hanford Site to ensure full compliance
with the Hanford Federal Facility Agreement and Consent Order
and the recommendations of the Defense Nuclear Facilities
Safety Board. In addition, the provision conveyed the sense of
the Congress that overhead costs for contractors performing
cleanup work at DOE facilities is out of control, that some
increased overhead costs are a result of unnecessary
regulation, and that the Department should take action to
minimize any such unnecessary regulation.
The Senate amendment contained a related provision (sec.
3148) that would require the General Accounting Office (GAO) to
conduct a review of Department of Energy (DOE) overhead costs,
including the methods used to calculate direct and indirect
overhead costs at DOE cleanup sites and the methods used to
allocate and report such overhead costs. The GAO would be
required to submit a report to Congress not later than January
31, 1999, to include the findings of the review and any
resulting recommendations for standardizing the methods used to
allocate and report overhead costs at DOE cleanup sites.
The Senate recedes with an amendment that would require
the Secretary to establish a target for fiscal year 1999
contract overhead costs at the Hanford Site and utilize any
savings that result from lower overhead costs to perform
additional cleanup activities at the Site and to comply with
the Hanford Tri-party Agreement. The Senate amendment would
further require the Defense Contract Audit Agency (DCAA) to
conduct an assessment of overhead, service center, and other
related costs assessed by the Project Hanford Management
Contractor at the Hanford Site. The DCAA assessment would be
submitted to Congress not later than March 1, 1999.
Hanford waste tank cleanup program reforms (sec. 3139)
The House bill contained a provision (sec. 3136) that
would direct the Secretary of Energy to establish an Office of
River Protection at the Department of Energy's Hanford Site.
The office would be headed by a senior official of the
Department of Energy who would be responsible for managing all
aspects of Hanford tank farm operations, including the Tank
Waste Remediation System project. The provision would create a
five-member advisory committee to provide advice to the new
office. The provision would require the Secretary to submit
within 90 days of the date of enactment of this Act an
integrated management plan for all aspects of the tank farm
operations, including the roles and responsibilities and
reporting relationships of the Office of River Protection. The
plan would address whether the office should be physically and
administratively separate from the DOE Richland Operations
Office. The provision would further require the Secretary, two
years after the creation of the office, to report on any
progress and management improvements that result from this
provision. The Office of River Protection would terminate in
five years, unless the Secretary determines that the office
should continue.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the office to report directly to the Assistant Secretary for
EnvironmentalManagement, but be physically located at the
Hanford Site in Richland, Washington. The amendment also would
eliminate the creation of the five-member advisory committee. The
conferees believe the existing advisory structure at the site is
adequate.
Hanford Health Information Network (sec. 3140)
The Senate amendment contained a provision (sec. 3138)
that would authorize the Secretary of Energy to utilize $2.5
million within existing Hanford Site funding for the Hanford
Health Information Network.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the use of $1.5 million within existing Hanford Site funding
for the Hanford Health Information Network.
Hazardous Materials Management and Emergency Response training program
(sec. 3141)
The House bill contained a provision (sec. 3155) that
would authorize the Hazardous Materials Management and
Emergency Response (HAMMER) training facility in Richland,
Washington to accept payments in kind in exchange for services.
The Senate amendment contained a similar provision (sec.
3137).
The Senate recedes.
Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico (sec. 3142)
The Senate amendment contained a provision (sec. 3136)
that would authorize the Department of Energy (DOE) to make a
$5.0 million payment to a not-for-profit education foundation
in the area around the Los Alamos National Laboratory to enrich
educational activities of the local school system. The
provision would require the foundation to place DOE
contributions in an endowment fund, the corpus of which would
remain in trust and the annual revenue used to support the
local school system.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
This provision would extend the authority granted to the
Secretary of Energy by section 3167 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85). The
conferees expect the Secretary of Energy to make no more than
five total annual payments to this fund for a total
contribution not to exceed $25.0 million. The conferees note
that the Secretary was authorized to make the first of such
payments in fiscal year 1998. The conferees expect, that upon
making the fifth payment or meeting the $25.0 million cap, all
DOE assistance to the local school system will end.
Relocation of National Atomic Museum, Albuquerque, New Mexico (sec.
3143)
The Senate amendment contained a provision (sec. 3140A)
that would require the Secretary of Energy to submit a plan on
the design, construction and relocation of the National Atomic
Museum located in Albuquerque, New Mexico.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of Energy to submit a plan to relocate the museum.
This provision does not authorize the Secretary to proceed with
a conceptual design of a new National Atomic Museum or to
obligate any funds to implement any plan.
Tritium production (sec. 3144)
The House bill contained a provision (sec. 3154) that
would modify the Atomic Energy Act of 1954 (42 U.S.C. 2077(e))
to prohibit the use of tritium produced in commercial nuclear
reactors for nuclear explosive purposes.
The Senate amendment contained a related provision (sec.
3150) that would require the Secretary of Energy to select a
tritium production technology after completion of an
interagency review regarding the proliferation ramifications of
using a commercial light water reactor to produce tritium for
nuclear explosive purposes, but not later than December 31,
1998. The provision would direct the Secretary of Energy to
make the decision notwithstanding any provision of the Atomic
Energy Act of 1954 (42 U.S.C. 2011, et. seq.), but consistent
with the laws, regulations and procedures of the Department of
Energy.
The conferees agree to include a provision that would
prohibit use of any funds available during fiscal year 1999,
including prior year funds, to implement any tritium technology
decision made pursuant to section 3135 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85).
This prohibition includes any construction or related
activities. Nothing in this provision shall be interpreted to
preclude the Secretary of Energy from continuing planned
research and design activities on both technology options
currently under consideration.
The conferees strongly support the Department of Energy's
efforts to restore on a timely basis tritium production to
maintain the viability of the U.S. nuclear deterrent. The
conferees note that tritium is not a special nuclear material
as defined by the Atomic Energy Act of 1954, and thus, unlike
plutonium and highly enriched uranium, is not capable of
sustaining a nuclear chain reaction. It is, however, a
radioactive material that is vital to the performance of U.S.
nuclear warheads.
The conferees endorse the United States' long-standing
policy requiring the separation of civilian and military uses
of nuclear energy. Concerns have been raised that the use of a
commercial light water reactor to produce tritium might
establish a precedent for other nations to use government-owned
civilian reactors to produce materials for nuclear weapons
programs. The conferees note that the Interagency Review of
Nonproliferation Implications of Alternative Tritium
Technologies transmitted to Congress by the Department of
Energy in July 1998, as required by the National Defense
Authorization Act forFiscal Year 1998 (Public Law 105-85),
concluded that the nonproliferation risks associated with the
commercial light water reactor option are ``manageable.'' Implicit in
this conclusion, is a recognition that the commercial reactor option
could pose nuclear proliferation risks that might harm U.S. national
security interests.
The conferees expect the Secretary of Energy to consider
whether, or to what extent, the selection of a light water
reactor would violate U.S. policy and might encourage other
nations to divert nuclear materials from government-owned
civilian reactors into nuclear weapons programs. In addition,
the conferees expect the Secretary to assess any nuclear
proliferation risk that any such outcome could pose for the
United States.
The conferees direct the Secretary of Energy to select a
tritium technology option consistent with the requirements of
section 3135 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85). The decision criteria
shall include the ability to meet the national defense
requirements of the United States, nuclear proliferation
implications, and cost.
In addition, the conferees direct the Secretary to submit
to the Committee on Armed Services of the Senate and the
National Security Committee of the House of Representatives, a
comprehensive plan to implement the technology option selected.
The plan should be submitted with the President's fiscal year
2000 budget and include a proposed implementation schedule,
annual funding requirements for the life of the project, any
legislation needed to implement the technology selected, and an
assessment of the viability of purchasing tritium, if necessary
for national security purposes, on an interim basis.
Subtitle D--Other Matters
Study and plan relating to worker and community transition assistance
(sec. 3151)
The House bill contained a provision (sec. 3151) that
would repeal the requirements of section 3161 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484). Section 3161 required the implementation of a worker and
community transition program to restructure the Department of
Energy (DOE) private contractor workforce at the end of the
Cold War. This section would also prohibit the expenditure of
funds for the DOE Worker and Community Transition program after
September 30, 1999.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to develop a plan describing how the Office of
Worker and Community Transition would be terminated and how the
authority of that office would be transferred to Department of
Energy program offices. The Secretary shall submit the plan to
the Congressional defense committees not later than July 1,
1999. The amendment would also require the General Accounting
Office to conduct a study on the effects of DOE workforce
restructuring plans from fiscal years 1995 through 1998.
Extension of authority for appointment of certain scientific,
engineering, and technical personnel (sec. 3152)
The Senate amendment contained a provision (sec. 3144)
that would extend for one year the authority granted to the
Secretary of Energy by the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337) to appoint certain
scientific, engineering, and technical personnel in areas of
nuclear safety and environmental clean up.
The House bill contained no similar provision.
The House recedes.
Requirement for plan to modify employment system used by Department of
Energy in defense environmental management programs (sec. 3153)
The House bill contained a provision (sec. 3152) that
would prohibit the use of more than 75 percent of Defense
Environmental Restoration and Waste Management program
direction funds for fiscal year 1999 until the Secretary of
Energy submits a plan for improvement of the Department of
Energy federal employment system. The plan would address
strategies to recruit and hire individuals for the
Environmental Management program who are highly skilled and who
have experience as project and construction managers. The plan
would further identify any provisions of Federal law that must
be altered to allow its implementation.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to submit the plan to Congress not later than
February 1, 1999, and would remove the prohibition on use of
program direction funds.
Department of Energy nuclear materials couriers (sec. 3154)
The Senate amendment contained several provisions (secs.
3161-3172) that would allow nuclear materials couriers at the
Department of Energy (DOE) to retire with full federal benefits
after 20 years of service.
The House bill contained no similar provision.
The House recedes with an amendment that would apply
eligibility for early retirement benefits only to those
couriers who retire after fiscal year 1998.
Increase in maximum rate of pay for scientific, engineering, and
technical personnel responsible for safety at defense nuclear
facilities (sec. 3155)
The Senate amendment contained a provision (sec. 3142)
that would raise the pay level for the excepted service
authority provided in the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337) from Level IV to III
of the Executive Schedule.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees expect this enhanced authority to assist
the Department of Energy in attracting and retaining senior
scientific, engineering, and technical personnel who possess
the skills to perform critical nuclear health and safety
activities at the Department's defense nuclear facilities. The
conferees note that, in recent years, the Level IV pay cap has
limited the Department's ability to attract and retain the
highest qualified scientific and technical talent.
Extension of authority of Department of Energy to pay voluntary
separation incentive payments (sec. 3156)
The Senate amendment contained a provision (sec. 3145)
that would extend for one year authority granted to the
Secretary of Energy by the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (Public Law 104-
208) to pay voluntary separation incentive payments to certain
Federal employees.
The House bill contained no similar provision.
The House recedes.
The conferees expect this authority to be used to
continue reductions in federal staffing levels in an effort to
decrease costs and increase program efficiencies. The conferees
do not intend this authority to be used for broad, untargeted
staff reductions. The conferees expect the Secretary of Energy
to utilize this authority, in conjunction with other
authorities, to eliminate selectively those job classifications
and positions that are no longer needed to carry out the
missions of the Department of Energy. The conferees expect the
authority to allow the Department to save money over the long
term and reorient the DOE federal workforce to focus on the
Department's most pressing problems.
Repeal of fiscal year 1998 statement of policy on stockpile stewardship
program (sec. 3157)
The Senate amendment contained a provision (sec. 3141)
that would repeal section 3156 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85).
The House bill contained no similar provision.
The House recedes.
Section 3156 of the National Defense Authorization Act
for Fiscal Year 1998 addressed findings and current policies
regarding the stockpile stewardship program of the Department
of Energy. This repeal action does not represent a change in
policy and is taken without prejudice. The conferees note that
the findings and policy statements expressed in section 3156
are consistent with the activities of the stockpile stewardship
program focused on ensuring that the United States possesses a
safe, secure, effective, and reliable nuclear stockpile
consistent with our national security requirements and treaty
commitments. The conferees do not believe that such policy
statements need to be set forth in law.
Report on stockpile stewardship criteria (sec. 3158)
The House bill contained a provision (sec. 3153) that
would require the Secretary of Energy to submit a report to the
Committee on Armed Services of Senate and the National Security
Committee of the House of Representatives by March 1, 1999, on
DOE efforts to develop a clear set of criteria pertaining to
the technical performance of science based stockpile
stewardship program tools and their relationship to key nuclear
weapons technologies. The provision would require the Secretary
to identify the performance criteria that, if met, would offer
sufficient certainty that the U.S. stockpile is safe and
reliable.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the report to be submitted not later than March 1, 2000, and be
coordinated with the Secretary of Defense.
Panel to assess the reliability, safety, and security of the United
States nuclear stockpile (sec. 3159)
The Senate amendment contained a provision (sec. 1073)
that would establish a six member commission to assess the
reliability, safety, and security of the U.S. nuclear
deterrent. The commission would review the safety, security,
and reliability of the U.S. nuclear deterrent and the annual
nuclear warhead certification process carried out by the
Department of Energy weapons laboratory directors, the
Commander in Chief of the United States Strategic Command, and
the Secretary of Defense. Commission members would be appointed
as follows: two members each by the Majority Leader of the
Senate and Speaker of the House of Representatives and one
member each by the Minority Leaders of the Senate and House of
Representatives. The chairman of the commission would be
designated by the Majority Leader of the Senate. The cost of
the commission would be borne equally by the Departments of
Energy and Defense. The commission would terminate three years
after the date of the appointment of the chairman.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense, in consultation with the Secretary of
Energy, to contract with a Federally Funded Research and
Development Center (FFRDC) to establish a panel to assess the
reliability, safety, and security of the U.S. nuclear
stockpile. The panel would examine the annual nuclear warhead
certification documents, the processes and assumptions upon
which the certification is based, and the stockpile stewardship
and management criteria to be established by the Secretary of
Energy pursuant to section 3158 of this Act.
The conferees believe that in order to ensure an
independent assessment, no employees of the FFRDC should be
appointed as panel members.
International cooperative information exchange (sec. 3160)
The House bill contained a provision (sec. 3156) that
would express the sense of Congress that the President should
instruct the Secretary of Energy to consult with the Secretary
of Defense, the Administratorof the Environmental Protection
Agency, and other appropriate officials, and submit to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives an assessment of whether the United States
should consider favorably the ``Advanced Technology Research Project''
proposal which recommends establishment of an international project to
facilitate the exchange of information on advanced nuclear waste
technologies. The assessment should include a discussion of whether the
proposal could be funded privately and administered by an international
nongovernmental organization. The Secretary would also be required to
identify any legislation required to carry out any such a project.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would express
the sense of the Congress that the Secretary of Energy, in
consultation with the Secretary of Defense, the Administrator
of the Environmental Protection Agency, and the Director of the
Agency for International Development, should prepare a report
on those programs that currently facilitate sharing of
information on international nuclear waste problems, and any
recommendations to expand or consolidate such activities under
a single international cooperative program.
Protection against inadvertent release of restricted data and formerly
restricted data (sec. 3161)
The Senate amendment contained a provision (sec. 3146)
that would amend section 3155 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106) by
requiring all federal agencies, including the National Archives
and Records Administration, to conduct a visual inspection of
all records over 25 years old to ascertain that such records
contain no information classified as restricted data or
formerly restricted data. The provision would require that any
records found to contain such classified information be set
aside pending completion of a review by the Department of
Energy.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Energy and the Archivist of the United States,
after consultation with members of the National Security
Council, and, in consultation with the Secretary of Defense and
the heads of appropriate federal agencies, to develop a plan to
prevent records containing restricted data or formerly
restricted data from being inadvertently released under
Executive Order 12958. The plan would include the following
elements: (1) actions that will be taken to ensure that only
records series that are highly unlikely to contain restricted
data or formerly restricted data are released without a page-
by-page review; (2) the criteria by which documents will be
determined to be highly unlikely to contain restricted data or
formerly restricted data; (3) steps to be taken to ensure
proper training, evaluation, and supervision of
declassification personnel to recognize restricted data and
formerly restricted data; (4) the extent to which automated
declassification technologies will be used to protect
restricted data and formerly restricted data; (5) procedures
for periodic Department of Energy review and evaluation of
agency compliance with the plan; (6) procedures for resolving
disagreements among agencies regarding declassification
procedures and decisions; (7) identification of funding,
personnel, and other resources required to carry out the plan;
and (8) a timetable to implement the plan. Summaries of the
periodic review of agency compliance would be provided to the
President's National Security Advisor and to the Committee on
Armed Services of the Senate and the National Security
Committee of the House of Representatives. The amendment would
halt the use of bulk declassification of any document covered
by this provision until 60 days after the plan is submitted to
the Committee on Armed Services of the Senate and the National
Security Committee of the House of Representatives, and the
Assistant to the President for National Security Affairs.
The conferees support current efforts to reduce the
volume of information retained as classified. The conferees
are, however, concerned that Executive Order 12958 does not
ensure adequate protection of information classified as
restricted data or formerly restricted data. This provision is
intended to ensure greater review and scrutiny of those federal
records that may contain information classified as restricted
data or formerly restricted data prior to the bulk
declassification and subsequent release of such records. The
conferees do not intend this provision to slow down much needed
efforts to reduce the amount of classified material maintained
in federal archives.
The conferees believe that the President must ensure that
each Executive Branch agency with custodial responsibility for
the records described in the provision has available sufficient
funds to carry out the requirements of this provision.
Sense of Congress regarding treatment of Formerly Utilized Sites
Remedial Action Program under a non-defense discretionary
budget function (sec. 3162)
The Senate amendment contained a provision (sec. 3143)
that would express the sense of the Senate that the Office of
Management and Budget should transfer funding for the Formerly
Utilized Sites Remedial Action Program into a non-defense
discretionary portion of the Federal budget in future years.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
provision to be a sense of Congress.
Reports relating to tritium production (sec. 3163)
The House bill contained a provision (sec. 3134) that
would delay the date by which the Secretary of Energy must
select a primary technology for the production of tritium from
December 31, 1998 to December 31, 1999. The Secretary would be
prohibited from selecting a primary technology until the date
that is the later of 30 days following completion of the test
at the Watts Bar nuclear plant and the date that the Secretary
submits to the congressional defensecommittees a report on the
results of that test. The report would provide information regarding
the amount of tritium produced, data on the leakage of tritium from the
test, and any other technical findings resulting from the test.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Energy to submit a report on the results of
the test currently being carried out at the Watts Bar nuclear
plant. The report would include data on the performance of the
tritium test rods, the performance of the reactor, any leakage
of tritium from the test rods, the amount of tritium produced,
and any other technical findings resulting from the test. The
Secretary would be required to submit to the congressional
defense committees a preliminary report on the test program not
later than 60 days after the test rods are removed from the
Watts Bar reactor.
The amendment would also direct the Secretary of Defense,
in consultation with the Secretary of Energy, to establish a
task force of the Defense Science Board to examine the risks
associated with each tritium production technology, the nuclear
weapons proliferation implications of each technology, the
ability of each technology to meet the national security
requirements of the United States, and any other factors that
the Secretaries of Defense and Energy consider appropriate. The
Secretaries of Energy and Defense would be required to provide
the task force report to the congressional defense committees
not later than June 30, 1999.
Legislative Provisions Not Adopted
Prohibition on Federal loan guarantees for defense environmental
management privatization projects
The House bill contained a provision (sec. 3131) that
would prohibit the use of Federal government loan guarantees
for Department of Energy defense environmental management
privatization projects.
The Senate amendment contained no similar provision.
The House recedes.
The conferees remain deeply concerned that the use of
Federal loan guarantees are inconsistent with the concept of
privatization in Department of Energy (DOE) environmental
remediation projects. The conferees note that the Federal
Credit Reform Act of 1990 requires that a large portion of the
costs of Federal loan guarantees be appropriated in the fiscal
year in which the project is initiated. This requirement would
draw into question the cost effectiveness and desirability of
any DOE privatization project that would rely upon such
instruments.
The conferees note, however, that a recent General
Accounting Office report on the DOE privatization program
recommended a wide variety of contracting and project financing
tools be made available to DOE to carry out privatized cleanup
projects. Nevertheless, the conferees cannot envision many
instances where Federal loan guarantees would prove beneficial
to the Federal government.
The conferees intend to scrutinize any proposed use of
Federal loan guarantees in DOE privatization projects to ensure
that the concept of privatization is not violated. The
conferees do not intend to authorize funding in future years
for those projects that include a Federal loan guarantee, if
utilizing a loan guarantee either removes the consequences of
failure for the contractor or increases the cost of the
privatization project.
The conferees direct that any use of Federal loan
guarantees for privatization projects be made only in those
circumstances where the Secretary of Energy certifies that (1)
the loan guarantee is necessary for the contractor to obtain a
private sector loan, and (2) the percentage of the loan amount
covered by the loan guarantee does not harm the incentive for
success.
Sense of the Senate regarding memoranda of understanding with the State
of Oregon relating to Hanford
The Senate amendment contained a provision (sec. 3147)
that would set forth the sense of the Senate that the
Department of Energy (DOE) and the State of Washington should
seek to implement existing memoranda of understanding regarding
cleanup activities at the Hanford Site in ways that permit
continued information sharing and participation by the State of
Oregon in those decisions at the Site that affect the public
health or safety of the citizens of Oregon.
The House bill contained no similar provision.
The Senate recedes.
The conferees encourage the State of Washington and the
Department of Energy to continue those cooperative efforts with
the State of Oregon that speed the pace of cleanup at the site
and ensure appropriate participation by all external
stakeholders, including the State of Oregon. The conferees note
that the State of Oregon has executed memoranda of
understanding with the State of Washington and with the
Department of Energy. The conferees further note that the State
of Oregon holds two seats on the Hanford Site Specific Advisory
Board (SSAB), a group of regulators, stakeholders, and tribes
that reviews clean up progress at the site and makes
recommendations to DOE. The conferees believe that Oregon's
participation in the Hanford SSAB and the increased access to
information provided via memoranda of understanding with DOE
and the State of Washington, provide Oregon with appropriate
participation in Hanford cleanup programs.
Sense of Congress on funding requirements for the nonproliferation
science and technology activities of the Department of Energy
The Senate amendment contained a provision (sec. 3149)
that would express the sense of Congress that the budget for
nonproliferation science and technology activities for fiscal
years 2000 through fiscal year 2008 should be increased each
year over the preceding year by at least one percent above the
rate of inflation.
The House bill contained no similar provision.
The Senate recedes.
Title XXXII--Defense Nuclear Facilities Safety Board
Legislative Provisions Adopted
Defense Nuclear Facilities Safety Board (sec. 3201)
The House bill contained a provision (sec. 3201) that
would authorize $17.5 million for the Defense Nuclear
Facilities Safety Board (DNFSB) for fiscal year 1999.
The Senate amendment contained an identical provision
(sec. 3201).
The conference agreement includes this provision.
The conferees anticipate that the report required by
section 3202 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) regarding which Department
of Energy (DOE) facilities should remain under the jurisdiction
of the DNFSB will be submitted on time.
The conferees are concerned that the implementation of an
additional external regulation approach could draw scarce
resources away from high priority, compliance driven cleanup
actions and critical national security activities. The
conferees believe no decisions should be made or actions taken
until the findings of the DNFSB and the comments of the
Secretary of Energy and the Chairman of the Nuclear Regulatory
Commission have been provided to the Congress as required by
section 3202 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) and the on-going external
regulation pilot programs are completed and evaluated.
Title XXXIII--National Defense Stockpile
Legislative Provisions Adopted
Definitions (sec. 3301)
The House bill contained a provision (sec. 3301) that
would define the National Defense Stockpile and the National
Defense Stockpile Transaction Fund.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Authorized uses of stockpile funds (sec. 3302)
The House bill contained a provision (sec. 3302) that
would authorize the obligation of $82.6 million for the
operation of the National Defense Stockpile.
The Senate amendment contained a similar provision.
The Senate recedes.
Authority to dispose of certain materials in the national defense
stockpile (sec. 3303)
The Senate amendment contained a provision (sec. 3303)
that would authorize the disposal of certain materials from the
National Defense Stockpile and require that sufficient
materials are sold to generate receipts to the United States in
the amount of $103.0 million by the end of fiscal year 1999 and
$377.0 million by the end of fiscal year 2003.
The House bill had no similar provision.
The House recedes with an amendment that would modify the
quantity of materials authorized for disposal in order to
generate receipts of $105.0 million by the end of fiscal year
1999 and $590.0 million by the end of fiscal year 2005.
The conferees expect that any sales of tungsten ores and
concentrates contained in the National Defense Stockpile shall
be made at a price that is no less than the market value at the
time of the proposed sale (taking into account any specific
location and as-is sale adjustments), and that the Department
of Defense will fully consider the views of the Market Impact
Committee concerning any projected domestic economic effect by
the sale of these materials. The conferees also expect that the
Market Impact Committee, in developing recommendations for the
sale of tungsten ores and concentrates, will consult with
representatives of producers, processors, and consumers of
these materials.
Use of stockpile funds for certain environmental remediation,
restoration, waste management, and compliance activities (sec.
3304)
The Senate amendment contained a provision (sec. 3304)
that would authorize the use of funds from the National Defense
Stockpile Transaction Fund to be used for environmental
remediation, restoration, waste management, or compliance
activities that are required under a federal law or are
undertaken by the Federal Government under an administrative
decision or negotiated agreement.
The House bill contained no similar provision.
The House recedes.
Title XXXIV--Naval Petroleum Reserves
Legislative Provisions Adopted
Definitions (sec. 3401)
The House bill contained a provision (sec. 3401) that
would provide definitions for naval petroleum reserves, Naval
Petroleum Reserve Number 2, Naval Petroleum Reserve Number 3,
Oil Shale Reserve Number 2, antitrust laws, general land laws,
and petroleum.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include
definitions for each of these terms, except general land laws.
Authorization of appropriations (sec. 3402)
The House bill contained a provision (sec. 3402) that
would authorize $22.5 million for the operations of the naval
petroleum and oil shale reserves.
The Senate amendment contained a similar provision.
The Senate recedes.
Disposal of Naval Petroleum Reserve Numbered 2 (sec. 3403)
The House bill contained a provision (sec. 3404) that
would require the Secretary of Energy to dispose of that
portion of the Naval Petroleum Reserve Numbered 2 located
within the town lots in Ford City, California, 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. The provision would further require the
Secretary of Energy to transfer to the Secretary of Interior,
administrative jurisdiction and control over the remaining
lands within Naval Petroleum Reserve Numbered 2 after the
Secretary of Energy makes a determination to abandon oil and
gas operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit,
rather than require, the disposal of this property.
Disposal of Naval Petroleum Reserve Numbered 3 (sec. 3404)
The House bill contained a provision (sec. 3405) that
would authorize the disposal of Naval Petroleum Reserve
Numbered 3 by sale, lease, transfer, or other means.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
the disposal of this property by sale, lease, or transfer to
another federal agency.
Disposal of Oil Shale Reserve Numbered 2 (sec. 3405)
The House bill contained a provision (sec. 3406) that
would require the Secretary of Energy to transfer to the
Secretary of Interior administrative jurisdiction and control
over all public lands included in Oil Shale Reserve Numbered 2
by September 30, 1999.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
authorize, rather than require, the transfer of this property.
Administration (sec. 3406)
The House bill contained a provision (sec. 3407) that
would establish administrative requirements for the disposal of
property within the Naval Petroleum and Oil Shale Reserves, as
would otherwise be authorized in H.R. 3616.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Legislative Provisions Not Adopted
Price requirement on price of certain petroleum during fiscal year 1999
The House bill contained a provision (sec. 3403) that
would require that the sale of any of the U.S. 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 of
comparable petroleum.
The Senate amendment contained no similar provision.
The House recedes.
Treatment of State of California claim regarding Naval Petroleum
Reserve Numbered 1
The House bill contained a provision (sec. 3408) that
would eliminate the requirement for an appropriation before
funds resulting from the sale of the Naval Petroleum Reserve
Numbered 1 at Elk Hills can be distributed to the State of
California in accordance with the Settlement Agreement entered
into between the State of California and the Department of
Energy.
The Senate amendment had no similar provision.
The House recedes.
Title XXXV--Panama Canal Commission
Legislative Provisions Adopted
Short title; references to Panama Canal Act of 1979 (sec. 3501)
The House bill contained a provision (sec. 3501) that
would provide a short title to the amendments to the Panama
Canal Act of 1979 (22 U.S.C. 3601 et seq.) contained in this
Act, and state that, unless otherwise noted, such amendments
relate to the Panama Canal Act.
The Senate amendment contained an identical provision
(sec. 3501).
The conference agreement includes this provision.
Authorization of expenditures (sec. 3502)
The House bill contained a provision (sec. 3502) that
would authorize the Panama Canal Commission to make
expenditures from its revolving fund, subject to certain
ceilings, for fiscal year 1999.
The Senate amendment contained an identical provision
(sec. 3502).
The conference agreement includes this provision, and an
increase of $10,000 in the ceiling for the representation and
reception expenses of the Administrator of the Panama Canal
Commission.
Purchase of vehicles (sec. 3503)
The House bill contained a provision (sec. 3503) that
wouldauthorize the Panama Canal Commission to purchase vehicles
built in the United States.
The Senate amendment contained a similar provision (sec.
3503) that excluded the requirement for the vehicles to be
built in the United States.
The House recedes.
The conferees note that the Commission has previously
purchased only vehicles built in the United States and
encourage the continuation of that practice.
Expenditures only in accordance with treaties (sec. 3504)
The House bill contained a provision (sec. 3504) that
would ensure amounts authorized for expenditure by the Panama
Canal Commission for fiscal year 1999 be spent only in
accordance with the terms of the Panama Canal Treaties of 1977
and U.S. laws implementing those treaties.
The Senate amendment contained an identical provision
(sec. 3504).
The conference agreement includes this provision.
Donations to the Commission (sec. 3505)
The House bill contained a provision (sec. 3505) that
would authorize the Panama Canal Commission to seek and to
accept donations from private and public entities for the
purpose of funding its promotional activities subject to
guidelines to be established by the Commission.
The Senate amendment contained an identical provision
(sec. 3505).
The conference agreement includes this provision.
Agreements for United States to provide post-transfer administrative
services for certain employee benefits (sec. 3506)
The Senate amendment contained a provision (sec. 3506)
that would allow the Secretary of State to enter into
agreements to provide administrative services for certain
Panama Canal-related employee benefits after December 31, 1999.
The House bill contained no similar provision.
The House recedes.
Sunset of United States overseas benefits just before transfer (sec.
3507)
The House bill contained a provision (sec. 3506) that
would sunset certain benefits to certain U.S. citizens employed
by the Panama Canal Commission to clarify the conditions of
employment intended to be continued by the Government of Panama
after the transfer of the Canal on December 31, 1999.
The Senate amendment contained an identical provision
(sec. 3507).
The conference agreement includes this provision.
Central Examining Office (sec. 3508)
The House bill contained a provision (sec. 3507) that
would repeal an obsolete provision of law relating to the
Central Examining Office.
The Senate amendment contained an identical provision
(sec. 3508).
The conference agreement includes this provision with a
technical amendment.
Liability for vessel accidents (sec. 3509)
The House bill contained a provision (sec. 3508) that
would provide the Panama Canal Commission with a degree of
immunity against claims for damages occurring while vessels
transiting the Canal are under the direction of pilots employed
by the Commission. The provision is intended to lower the costs
of Canal operations by instituting a liability regime that
would prevent claims against the Commission for $1.0 million or
less in damages.
The Senate amendment contained an identical provision
(sec. 3509).
The conference agreement includes a provision that would
allow the Panama Canal Commission to prescribe regulations that
limit its exposure to liability to those damages that exceed a
specified threshold amount, provided that such threshold amount
does not exceed $1.0 million, by requiring claimants to look to
their insurers for compensation for damages below the threshold
amount.
The conferees believe that a regulatory approach will
allow greater flexibility for the Commission to implement any
changes through procedures and on a timetable that will allow
for consideration of maritime industry concerns. The adopted
provision would also allow the Commission to set the insurance
requirement, and thereby its immunity against claims, at a
lower threshold if a level less than $1.0 million is
determined, through consultation with interested parties, to be
in the best interests of the Panama Canal and world shipping.
In light of expectations that the Panama Canal Authority,
the successor agency to the Commission, will implement such a
liability-limiting regime after it assumes stewardship of Canal
operations, this provision is pursuant to the U.S. treaty
commitment to facilitate transition to Panamanian control. The
conferees expect that if damages during Canal transits increase
significantly under any new liability regime, that the
Commission, or its successor Panamanian entity, will consider a
revised liability regime that minimizes costs for world
commerce as well as for Canal operations.
Panama Canal Board of Contract Appeals (sec. 3510)
The House bill contained a provision (sec. 3509) that
would authorize the Panama Canal Commission to establish the
salaries of members of the Panama Canal Board of Contract
Appeals.
The Senate amendment contained a similar provision (sec.
3511).
The House recedes.
Restatement of requirement that Secretary of Defense designee on Panama
Canal Commission supervisory board be a current officer of the
Department of Defense (sec. 3511)
The Senate amendment contained a provision (sec. 3513)
that would ensure the Secretary of Defense's designee on the
Panama Canal Commission Supervisory Board be an officer of the
Department of Defense (DOD), rather than an individual who was
a DOD officer at the time of his designation and subsequently
left his position in the Department.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Technical amendments (sec. 3512)
The House bill contained a provision (sec. 3510) that
would make certain technical and conforming amendments to the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.).
The Senate amendment contained a similar provision (sec.
3512).
The House recedes.
Legislative Provisions Not Adopted
Placement of United States citizens in positions with the United States
Government
The Senate amendment contained a provision (sec. 3510)
that would provide placement priority for involuntarily
separated employees of the Panama Canal Commission who are U.S.
citizens and were hired after the Panama Canal Treaty of 1977
that is on par with priority for other federal employees who
are involuntarily separated.
The House bill contained no similar provision.
The Senate recedes.
Title XXXVI--Maritime Administration
Legislative Provisions Adopted
Authorization of appropriations for fiscal year 1999 (sec. 3601)
The House bill contained a provision (sec. 3601) that
would authorize $90.6 million for fiscal year 1999, as included
in the budget request, for the United States Maritime
Administration.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to convey National Defense Reserve Fleet vessel (sec. 3602)
The House bill contained a provision (sec. 3602) that
would authorize the Secretary of Transportation to convey a
National Defense Reserve Fleet surplus vessel, M/V Bayamon, to
the Trade Fair Ship Company.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the Secretary dispose of the vessel using competitive
procedures.
Authority to convey certain National Defense Reserve Fleet vessels
(sec. 3603)
The House bill contained a provision (sec. 3603) that
would authorize the Secretary of Transportation to sell, at
fair market value, two surplus TAO class vessels that were
partially built and then transferred to the National Defense
Reserve Fleet.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the Secretary dispose of the vessels using competitive
procedures.
Clearinghouse for maritime information (sec. 3604)
The House bill contained a provision (sec. 3604) that
would authorize the establishment of a clearinghouse for
maritime information by providing an online trade information
database at a state maritime academy. The provision would
require the $75,000 funding needed for this effort be derived
from funds authorized for operations of the Maritime
Administration.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would make the
provision of funds for a clearinghouse for maritime information
discretionary.
Conveyance of NDRF vessel ex-USS Lorain County (sec. 3605)
The House bill contained a provision (sec. 3605) that
would authorize the Secretary of Transportation to convey, at
no cost to the government, a surplus National Defense Reserve
Fleet ship, ex-USS Lorain County, to a not-for-profit
organization for use as a memorial to Ohio veterans.
The Senate amendment contained a similar provision (sec.
1015).
The Senate recedes.
Title XXXVII--Increased Monitoring of Products Made With Forced Labor
Legislative Provisions Adopted
Increased monitoring of products made with forced labor (secs. 3701-
3703)
The Senate amendment contained provisions (secs. 3701-
3704) related to the monitoring of products derived from forced
labor.
The House bill contained no similar provisions.
The House recedes with an amendment that would eliminate
a provision containing findings, which emphasized products
derived from forced labor from the People's Republic of China,
strike direct references to indentured labor, including child
labor (secs. 3701-3703), and eliminate a specific reference to
mining products (sec. 3702).
The conferees note that forced labor includes convict
labor, forced labor, and indentured labor, as such terms are
used in section 307 of the Tariff Act of 1930 (19 U.S.C. 1301
et seq.). Accordingly, the conferees understand that indentured
labor, to include child labor, is a category of labor included
in the definition of forced labor as established in the Tariff
Act of 1930, which thereby prohibits the importation of
products made through the use of indentured or child labor. The
conferees further recognize the importance of strong and
enforceable laws relating to products derived from child labor,
and emphasize that such laws should be enforced to the maximum
extent practicable by the U.S. Customs Service.
Title XXXVIII--Fair Trade in Automotive Parts
Legislative Provisions Adopted
Fair trade in automotive parts (secs. 3801-3805)
The Senate amendment contained provisions (sec. 3801-
3805) that would deal with trade in automotive parts. Section
3801 would provide that the title could be cited as the ``Fair
Trade in Automotive Parts Act of 1998.'' Section 3802 would
define certain terms. Section 3803 would direct the Secretary
of Commerce to re-establish an initiative to increase the sale
of U.S.-made auto parts to Japanese markets, and prescribe the
functions of the Secretary in this regard. Section 3804 would
direct the Secretary to establish a special advisory committee
from the automotive parts industry. Section 3805 would provide
that the authority under the Act shall expire on December 31,
2003.
The House bill contained no similar provision.
The House recedes with technical amendments.
Title XXXIX--Radio Free Asia
Legislative Provisions Adopted
Short title (sec. 3901)
The Senate amendment contained a provision (sec. 3901)
that would provide that the provisions in this title related to
international broadcasting activities to China may be cited as
the Radio Free Asia Act of 1998.
The House bill contained no similar provision.
The House recedes.
Authorization of appropriations for increased funding for Radio Free
Asia and Voice of America broadcasting to China (sec. 3902)
The Senate amendment contained a provision (sec. 3903)
that would authorize $30.0 million for fiscal year 1998 and
$22.0 million for fiscal year 1999 for the purpose of funding
Radio Free Asia broadcasting to the People's Republic of China
and Tibet, $5.0 million for fiscal year 1998 and $3.0 million
for fiscal year 1999 for Voice of America broadcasting to China
and Tibet, and an additional $10.0 million for fiscal year 1998
and $2.0 million for fiscal year 1999 for radio construction in
support of such broadcasting. The provision would reserve
$100,000 of the funds authorized for Voice of America
broadcasting for broadcasts in the Hmong language.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
authorizations for fiscal year 1998, eliminate the requirement
that certain broadcasts be in the Hmong language, and specify
that the additional authorizations for fiscal year 1999 are
with respect to appropriations for the U.S. Information Agency.
Reporting requirement (sec. 3903)
The Senate amendment contained a provision (sec. 3904)
that would require the Broadcasting Board of Governors to
submit a report on their efforts to increase Radio Free Asia
and Voice of America broadcasts to China and Tibet, as well as
an analysis of the control by the Government of the People's
Republic of China of the media in China, to the Committees on
Foreign Relations and Appropriations of the Senate and the
Committees on International Relations and Appropriations of the
House of Representatives.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Legislative Provisions Not Adopted
Findings
The Senate amendment contained a provision (sec. 3902)
that would make certain findings with respect to freedom of
information in the People's Republic of China.
The House bill contained no similar provision.
The Senate recedes.
From the Committee on National Security, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
J.C. Watts, Jr.,
William M. Thornberry,
Saxby Chambliss,
Walter B. Jones,
Michael Pappas,
Bob Riley,
Ike Skelton,
Norman Sisisky,
John M. Spratt, Jr.,
Solomon P. Ortiz,
Owen Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Jane Harman,
Paul McHale,
Patrick J. Kennedy,
Thomas H. Allen,
Vic Snyder,
James H. Maloney,
As additional conferees from the Permanent
Select Committee on Intelligence, for
consideration of matters within the
jurisdiction of that committee under clause 2
of rule XLVIII:
Porter J. Goss,
Jerry Lewis,
Norm Dicks,
As additional conferees from the Committee on
Banking and Financial Services, for
consideration of section 1064 of the Senate
amendment:
Jim Leach,
Michael N. Castle,
John J. LaFalce,
As additional conferees from the Committee on
Commerce for consideration of sections 601,
3136, 3151, 3154, 3201, 3401, 3403, 3404, 3405,
3406, and 3407 of the House bill, and sections
321, 601, 1062, 3133, 3140, 3142, 3144, 3201,
and title XXXVIII of the Senate amendment, and
modifications committed to conference:
Thomas J. Bliley, Jr.,
Dan Schaefer,
John D. Dingell,
Provided that Mr. Oxley is appointed in lieu of
Mr. Dan Schaefer for consideration of section
321 of the Senate amendment.
Michael G. Oxley,
Provided that Mr. Bilirakis is appointed in
lieu of Mr. Dan Schaefer for consideration of
section 601 of the House bill, and section 601
of the Senate amendment.
Mike Bilirakis,
Provided that Mr. Tauzin is appointed in lieu
of Mr. Dan Schaefer for consideration of
section 1062 and Title XXXVIII of the Senate
amendment.
Billy Tauzin,
As additional conferees from the Committee on
Education and the Workforce, for consideration
of sections 361, 364, 551, and 3151 of the
House bill, and sections 522, 643, and 1055 of
the Senate amendment, and modifications
committed to conference:
Tom Petri,
Frank Riggs,
Tim Roemer,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 368, 729, 1025, 1042,
and 1101-1106 of the House bill, and sections
346, 623, 707, 805, 806, 813, 814, 815, 816,
1101-1105, 3142, 3144, 3145, 3162-3172 and 3510
of the Senate amendment, and modifications
committed to conference:
Dan Burton,
John L. Mica,
Provided that Mr. Horn is appointed in lieu of
Mr. Mica for consideration of section 368 of
the House bill and sections 346, 623, 707, 805,
806, 813, 814, 815, and 816 of the Senate
amendment.
Stephen Horn,
As additional conferees from the Committee on
International Relations, for consideration of
sections 233, 1021, 1043, 1044, 1201, 1204,
1205, 1210, 1211, 1213, 1216, and Title XIII of
the House bill, and sections 326, 332, 1013,
1041, 1042, 1074, 1084, 3506, 3601, 3602, and
3901-3904 of the Senate amendment, and
modifications committed to conference:
Benjamin A. Gilman,
Doug Bereuter,
Lee H. Hamilton,
As additional conferees from the Committee on
International Relations, for consideration of
sections 1207, 1208, 1209, and 1212 of the
House bill, and modifications committed to
conference:
Benjamin A. Gilman,
Doug Bereuter,
Christopher H. Smith,
Dan Burton,
Dana Rohrabacher,
Lee H. Hamilton,
Tom Lantos,
As additional conferees from the Committee on
the Judiciary for consideration of sections
1045 and 2812 of the House bill and section
1077 of the Senate amendment, and modifications
committed to conference:
Henry J. Hyde,
Ed Bryant,
As additional conferees from the Committee on
Resources, for consideration of sections 601,
2812, and 3404-3407 of the House bill, and
sections 601, 2828, and Title XXIX of the
Senate amendment and modifications committed to
conference:
Don Young,
Billy Tauzin,
As additional conferees from the Committee on
Science, for consideration of sections 3135 and
3140 of the Senate amendment, and modifications
committed to conference:
F. James Sensenbrenner, Jr.,
Ken Calvert,
George E. Brown, Jr.,
As additional conferees from the Committee on
Transportation and Infrastructure, for
consideration of sections 552, 601, 1411, and
1413 of the House bill, and sections 323, 601,
604, and 1080 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Sherwood Boehlert,
Bob Clement,
As additional conferees from the Committee on
Veterans' Affairs for consideration of sections
556 and 1046 of the House bill, and sections
618, 619, 644, and 1082 of the Senate
amendment, and modifications committed to
conference:
Christopher H. Smith,
Mike Bilirakis,
Ciro D. Rodriguez,
As additional conferees from the Committee on
Ways and Means, for consideration of Titles
XXXVII and XXXVIII of the Senate amendment, and
modifications committed to conference:
Philip M. Crane,
Bill Thomas,
Robert T. Matsui,
Managers on the Part of the House.
Strom Thurmond,
John Warner,
John McCain,
Dan Coats,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Carl Levin,
Edward M. Kennedy,
Jeff Bingaman,
John Glenn,
Robert C. Byrd,
Chuck Robb,
Joseph I. Lieberman,
Max Cleland,
Managers on the Part of the Senate.