II

105TH CONGRESS

1ST SESSION S. 1339

To provide for an increase in pay and allowances for members of the uniformed services for fiscal year 1998, to improve certain authorities relating to the pay and allowances and the health care of such members,

to authorize appropriations for fiscal year 1998 for military construction,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 29, 1997

Mrs. HUTCHISON (for herself, Mr. GRAMM, Mrs. FEINSTEIN, and Mrs.

BOXER) introduced the following bill; which was read twice and referred

to the Committee on Armed Services

A BILL

To provide for an increase in pay and allowances for members of the uniformed services for fiscal year 1998, to

improve certain authorities relating to the pay and allowances and the health care of such members, to authorize

appropriations for fiscal year 1998 for military construction, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITION.

4 For purposes of this Act, the term ‘‘congressional de5 fense committees’’ means—
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1 (1) the Committee on Armed Services and the

2 Committee on Appropriations of the Senate; and

3 (2) the Committee on National Security and the

4 Committee on Appropriations of the House of Rep5 resentatives.

6 TITLE I—COMPENSATION AND

7 OTHER PERSONNEL BENEFITS

8 Subtitle A—Pay and Allowances

9 SEC. 101. INCREASE IN BASIC PAY FOR FISCAL YEAR 1998.

10 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The

11 adjustment, to become effective during fiscal year 1998,

12 required by section 1009 of title 37, United States Code

13 (as amended by section 104), in the rate of monthly basic

14 pay authorized members of the uniformed services by sec15 tion 203(a) of such title shall not be made.

16 (b) INCREASE IN BASIC PAY.—Effective on January

17 1, 1998, the rates of basic pay of members of the uni18 formed services are increased by 2.8 percent.

19 SEC. 102. REFORM OF BASIC ALLOWANCE FOR SUBSIST20 ENCE.

21 (a) ENTITLEMENT TO ALLOWANCE.—Section 402 of

22 title 37, United States Code, is amended to read as fol23 lows:
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1 ‘‘§ 402. Basic allowance for subsistence

2 ‘‘(a) ENTITLEMENT TO ALLOWANCE.—(1) Except as

3 provided in paragraph (2) or otherwise provided by law,

4 each member of a uniformed service who is entitled to

5 basic pay is entitled to a basic allowance for subsistence

6 as set forth in this section.

7 ‘‘(2) An enlisted member is not entitled to the basic

8 allowance for subsistence during basic training.

9 ‘‘(b) RATES OF ALLOWANCE BASED ON FOOD

10 COSTS.—(1) The monthly rate of basic allowance for sub11 sistence to be in effect for an enlisted member for a year

12 (beginning on January 1 of that year) shall be the amount

13 that is halfway between the following amounts, which are

14 determined by the Secretary of Agriculture as of October

15 1 of the preceding year:

16 ‘‘(A) The amount equal to the monthly cost of

17 a moderate-cost food plan for a male in the United

18 States who is between 20 and 50 years of age.

19 ‘‘(B) The amount equal to the monthly cost of

20 a liberal food plan for a male in the United States

21 who is between 20 and 50 years of age.

22 ‘‘(2) The monthly rate of basic allowance for subsist23 ence to be in effect for an officer for a year (beginning

24 on January 1 of that year) shall be the amount equal to

25 the monthly rate of basic allowance for subsistence in ef26 fect for officers for the preceding year, increased by the
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1 same percentage by which the rate of basic allowance for

2 subsistence for enlisted members for the preceding year

3 is increased effective on such January 1.

4 ‘‘(c) ADVANCE PAYMENT.—The allowance to an en5 listed member may be paid in advance for a period of not

6 more than three months.

7 ‘‘(d) SPECIAL RULE FOR MEMBERS AUTHORIZED TO

8 MESS SEPARATELY.—(1) In areas prescribed by the Sec9 retary of Defense, and the Secretary of Transportation

10 with respect to the Coast Guard when it is not operating

11 as a service in the Navy, an enlisted member described

12 in paragraph (2) is entitled to not more than the pro rata

13 allowance established under subsection (b)(1) for each

14 meal the member buys from a source other than a messing

15 facility of the United States.

16 ‘‘(2) An enlisted member referred to in paragraph (1)

17 is a member who is granted permission to mess separately

18 and whose duties require the member to buy at least one

19 meal from a source other than a messing facility of the

20 United States.

21 ‘‘(e) POLICIES ON USE OF DINING AND MESSING FA22 CILITIES.—The Secretary of Defense, in consultation with

23 the Secretaries concerned, shall prescribe policies regard24 ing use of dining and field messing facilities of the uni25 formed services.
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1 ‘‘(f) REGULATIONS.—(1) The Secretary of Defense

2 shall prescribe regulations for the administration of this

3 section. Before prescribing the regulations, the Secretary

4 shall consult with each Secretary concerned.

5 ‘‘(2) The regulations shall include the specific rates

6 of basic allowance for subsistence required by subsection

7 (b).’’.

8 (b) CONFORMING AMENDMENTS.—(1) Section 404 of

9 title 37, United States Code, is amended—

10 (A) by striking out subsection (g); and

11 (B) by redesignating subsections (h), (i), (j),

12 and (k) as subsections (g), (h), (i), and (j), respec13 tively.

14 (2) Section 6081(a) of title 10, United States Code,

15 is amended by striking out ‘‘Except’’ and all that follows

16 through ‘‘subsistence, each’’ and inserting in lieu thereof

17 ‘‘Each’’.

18 (c) TRANSITIONAL AUTHORITY TO PROVIDE BASIC

19 ALLOWANCE FOR SUBSISTENCE.—

20 (1) TRANSITIONAL AUTHORITY.—Notwithstand21 ing section 402 of title 37, United States Code, as

22 amended by subsection (a), during the period begin23 ning on January 1, 1998, and ending on the date

24 determined under paragraph (2)—
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1 (A) the basic allowance for subsistence

2 shall not be paid under such section 402;

3 (B) a member of the uniformed services is

4 entitled to the basic allowance for subsistence

5 only as provided in subsection (d);

6 (C) an enlisted member of the uniformed

7 services may be paid a partial basic allowance

8 for subsistence as provided in subsection (e);

9 and

10 (D) the rates of the basic allowance for

11 subsistence are those rates determined under

12 subsection (f).

13 (2) TERMINATION OF TRANSITIONAL AUTHOR14 ITY.—The transitional authority provided under

15 paragraph (1) shall terminate on the first day of the

16 month immediately following the first month for

17 which the monthly equivalent of the rate of basic al18 lowance for subsistence payable to enlisted members

19 of the uniformed services (when permission to mess

20 separately is granted), as determined under sub21 section (f)(2), is equal to or is exceeded by the

22 amount that, except for paragraph (1)(A), would

23 otherwise be the monthly rate of basic allowance for

24 subsistence for enlisted members under section
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1 402(b)(1) of title 37, United States Code, as amend2 ed by subsection (a).

3 (d) TRANSITIONAL ENTITLEMENT TO ALLOW4 ANCE.—

5 (1) ENLISTED MEMBERS.—

6 (A) TYPES OF ENTITLEMENT.—An en7 listed member is entitled to the basic allowance

8 for subsistence, on a daily basis, of under one

9 or more of the following circumstances:

10 (i) When rations in kind are not avail11 able

12 (ii) When permission to mess sepa13 rately is granted.

14 (iii) When assigned to duty under

15 emergency conditions where no messing fa16 cilities of the United States are available.

17 (B) OTHER ENTITLEMENT CIR18 CUMSTANCES.—An enlisted member is entitled

19 to the allowance while on an authorized leave of

20 absence, while confined in a hospital, or while

21 performing travel under orders away from the

22 member’s designated post of duty other than

23 field duty or sea duty (as defined in regulations

24 prescribed by the Secretary of Defense). For

25 purposes of the preceding sentence, a member
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1 shall not be considered to be performing travel

2 under orders away from his designated post of

3 duty if such member—

4 (i) is an enlisted member serving the

5 member’s first tour of active duty;

6 (ii) has not actually reported to a per7 manent duty station pursuant to orders di8 recting such assignment; and

9 (iii) is not actually traveling between

10 stations pursuant to orders directing a

11 change of station.

12 (C) ADVANCE PAYMENT.—The allowance

13 to an enlisted member, when authorized, may

14 be paid in advance for a period of not more

15 than three months.

16 (2) OFFICERS.—An officer of a uniformed serv17 ice who is entitled to basic pay is, at all times, enti18 tled to the basic allowances for subsistence. An avia19 tion cadet of the Navy, Air Force, Marine Corps, or

20 Coast Guard is entitled to the same basic allowance

21 for subsistence as is provided for an officer of the

22 Navy, Air Force, Marine Corps, or Coast Guard, re23 spectively.

24 (e) TRANSITIONAL AUTHORITY FOR PARTIAL AL25 LOWANCE.—
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1 (1) ENLISTED MEMBERS FURNISHED SUBSIST2 ENCE IN KIND.—The Secretary of Defense may pro3 vide in regulations for an enlisted member of a uni4 formed service to be paid a partial basic allowance

5 for subsistence when—

6 (A) rations in kind are available to the

7 member;

8 (B) the member is not granted permission

9 to mess separately; or

10 (C) the member is assigned to duty under

11 emergency conditions where messing facilities of

12 the United States are available.

13 (2) MONTHLY PAYMENT.—Any partial basic al14 lowance for subsistence authorized under paragraph

15 (1) shall be calculated on a daily basis and paid on

16 a monthly basis.

17 (f) TRANSITIONAL RATES.—

18 (1) ALLOWANCE FOR OFFICERS.—The monthly

19 rate of basic allowance for subsistence for a year

20 (beginning on January 1 of that year) that is pay21 able to officers of the uniformed services shall be the

22 amount that is equal to 101 percent of the rate of

23 basic allowance for subsistence that was payable to

24 officers of the uniformed services for the preceding

25 year.
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1 (2) ALLOWANCE FOR ENLISTED MEMBER WITH

2 PERMISSION TO MESS SEPARATELY.—The monthly

3 rate of basic allowance for subsistence for a year

4 (beginning on January 1 of that year) that is pay5 able to an enlisted member of the uniformed services

6 entitled to the allowance under subsection (d)(1)

7 shall be the amount that is equal to 101 percent of

8 the rate of basic allowance for subsistence that was

9 in effect for similarly situated enlisted members of

10 the uniformed services for the preceding year.

11 (3) PARTIAL ALLOWANCE FOR OTHER EN12 LISTED MEMBERS.—The monthly rate of any partial

13 basic allowance for subsistence for a year (beginning

14 on January 1 of that year) payable to an enlisted

15 member of the uniformed services eligible for the al16 lowance under the regulations prescribed under sub17 section (e)(1) shall be the amount equal to the lesser

18 of the following:

19 (A) The sum of—

20 (i) the partial basic allowance for sub21 sistence in effect for the preceding year;

22 and

23 (ii) the amount equal to the dif24 ference, if any, between—
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1 (I) the monthly equivalent of the

2 rate of basic allowance for subsistence

3 that was in effect for the preceding

4 year for members of the uniformed

5 services above grade E–1 (when per6 mission to mess separately is grant7 ed), increased by the same percentage

8 by which the rates of basic pay for

9 members of the uniformed services is

10 increased for the current year; and

11 (II) the amount equal to 101 per12 cent of the monthly equivalent of the

13 rate of basic allowance for subsistence

14 that was in effect for the previous

15 year for members of the uniformed

16 services above grade E–1 (when per17 mission to mess separately is grant18 ed),

19 with the amount so determined under this

20 clause multiplied by the number of mem21 bers estimated to be entitled to receive

22 basic allowance for subsistence under sub23 section (d) for the current year and then

24 divided by the number of members esti25 mated to be eligible for the partial allow-
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1 ance under the regulations prescribed

2 under subsection (e)(1) for that year.

3 (B) The amount equal to the difference be4 tween—

5 (i) the amount that, except for sub6 section (c)(1)(A), would otherwise be the

7 monthly rate of basic allowance for subsist8 ence for enlisted members under section

9 402(b)(1) of title 37, United States Code;

10 and

11 (ii) the amount equal to the monthly

12 equivalent of the value of a daily ration, as

13 determined by the Under Secretary of De14 fense (Comptroller) as of October 1 of the

15 preceding year.

16 (g) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on January

18 1, 1998.

19 SEC. 103. CONSOLIDATION OF BASIC ALLOWANCE FOR

20 QUARTERS, VARIABLE HOUSING ALLOWANCE,

21 AND OVERSEAS HOUSING ALLOWANCES.

22 (a) CONSOLIDATION OF ALLOWANCES.—Section 403

23 of title 37, United States Code, is amended to read as

24 follows:
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1 ‘‘§ 403. Basic allowance for housing

2 ‘‘(a) GENERAL ENTITLEMENT.—(1) Except as other3 wise provided by law, a member of a uniformed service

4 who is entitled to basic pay is entitled to a basic allowance

5 for housing at the monthly rates prescribed under this sec6 tion or another provision of law with regard to the applica7 ble component of the basic allowance for housing. The

8 amount of the basic allowance for housing for a member

9 will vary according to the pay grade in which the member

10 is assigned or distributed for basic pay purposes, the de11 pendency status of the member, and the geographic loca12 tion of the member. The basic allowance for housing may

13 be paid in advance.

14 ‘‘(2) A member of a uniformed service with depend15 ents is not entitled to a basic allowance for housing as

16 a member with dependents unless the member makes a

17 certification to the Secretary concerned indicating the sta18 tus of each dependent of the member. The certification

19 shall be made in accordance with regulations prescribed

20 by the Secretary of Defense.

21 ‘‘(b) BASIC ALLOWANCE FOR HOUSING INSIDE THE

22 UNITED STATES.—(1) The Secretary of Defense shall de23 termine the costs of adequate housing in a military hous24 ing area in the United States for all members of the uni25 formed services entitled to a basic allowance for housing

26 in that area. The Secretary shall base the determination
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1 upon the costs of adequate housing for civilians with com2 parable income levels in the same area.

3 ‘‘(2) Subject to paragraph (3), the monthly amount

4 of a basic allowance for housing for an area of the United

5 States for a member of a uniformed service is equal to

6 the difference between—

7 ‘‘(A) the monthly cost of adequate housing in

8 that area, as determined by the Secretary of De9 fense, for members of the uniformed services serving

10 in the same pay grade and with the same depend11 ency status as the member; and

12 ‘‘(B) 15 percent of the national average month13 ly cost of adequate housing in the United States, as

14 determined by the Secretary, for members of the

15 uniformed services serving in the same pay grade

16 and with the same dependency status as the mem17 ber.

18 ‘‘(3) The rates of basic allowance for housing shall

19 be reduced as necessary to comply with this paragraph.

20 The total amount that may be paid for a fiscal year for

21 the basic allowance for housing under this subsection is

22 the product of—

23 ‘‘(A) the total amount authorized to be paid for

24 such allowance for the preceding fiscal year (as ad25 justed under paragraph (5)); and
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1 ‘‘(B) a fraction—

2 ‘‘(i) the numerator of which is the index of

3 the national average monthly cost of housing

4 for June of the preceding fiscal year; and

5 ‘‘(ii) the denominator of which is the index

6 of the national average monthly cost of housing

7 for June of the fiscal year before the preceding

8 fiscal year.

9 ‘‘(4) An adjustment in the rates of the basic allow10 ance for housing under this subsection as a result of the

11 Secretary’s redetermination of housing costs in an area

12 shall take effect on the same date as the effective date

13 of the next increase in basic pay under section 1009 of

14 this title or other provision of law.

15 ‘‘(5) In making a determination under paragraph (3)

16 for a fiscal year, the amount authorized to be paid for

17 the preceding fiscal year for the basic allowance for hous18 ing shall be adjusted to reflect changes during the year

19 for which the determination is made in the number, grade

20 distribution, geographic distribution in the United States,

21 and dependency status of members of the uniformed serv22 ices entitled to the allowance from the number of such

23 members during the preceding fiscal year.

24 ‘‘(6) So long as a member of a uniformed service re25 tains uninterrupted eligibility to receive a basic allowance
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1 for housing within an area of the United States, the

2 monthly amount of the allowance for the member may not

3 be reduced as a result of changes in housing costs in the

4 area, changes in the national average monthly cost of

5 housing, or the promotion of the member.

6 ‘‘(7) In the case of a member without dependents who

7 is assigned to duty inside the United States, the location

8 or the circumstances of which make it necessary that the

9 member be reassigned under the conditions of low cost or

10 no cost permanent change of station or permanent change

11 of assignment, the member may be treated as if the mem12 ber were not reassigned if the Secretary concerned deter13 mines that it would be inequitable to base the member’s

14 entitlement to, and amount of, a basic allowance for hous15 ing on the cost of housing in the area to which the member

16 is reassigned.

17 ‘‘(c) BASIC ALLOWANCE FOR HOUSING OUTSIDE THE

18 UNITED STATES.—(1) The Secretary of Defense may pre19 scribe an overseas basic allowance for housing for a mem20 ber of a uniformed service who is on duty outside of the

21 United States. The Secretary shall establish the basic al22 lowance for housing under this subsection on the basis of

23 housing costs in the overseas area in which the member

24 is assigned.
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1 ‘‘(2) So long as a member of a uniformed service re2 tains uninterrupted eligibility to receive a basic allowance

3 for housing in an overseas area and the actual monthly

4 cost of housing for the member is not reduced, the month5 ly amount of the allowance in an area outside the United

6 States may not be reduced as a result of changes in hous7 ing costs in the area or the promotion of the member. The

8 monthly amount of the allowance may be adjusted to re9 flect changes in currency rates.

10 ‘‘(d) BASIC ALLOWANCE FOR HOUSING WHEN DE11 PENDENTS ARE UNABLE TO ACCOMPANY MEMBER.—(1)

12 A member of a uniformed service with dependents who is

13 on permanent duty at a location described in paragraph

14 (2) is entitled to a family separation basic allowance for

15 housing under this subsection at a monthly rate equal to

16 the rate of the basic allowance for housing established

17 under subsection (b) or the overseas basic allowance for

18 housing established under subsection (c), whichever ap19 plies to that location, for members in the same grade at

20 that location without dependents.

21 ‘‘(2) A permanent duty location referred to in para22 graph (1) is a location—

23 ‘‘(A) to which the movement of the member’s

24 dependents is not authorized at the expense of the

25 United States under section 406 of this title, and
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1 the member’s dependents do not reside at or near

2 the location; and

3 ‘‘(B) at which quarters of the United States are

4 not available for assignment to the member.

5 ‘‘(3) In the case of a member with dependents who

6 is assigned to duty at a location or under circumstances

7 that, as determined by the Secretary concerned, require

8 the member’s dependents to reside at a different location,

9 the member shall receive a basic allowance for housing,

10 as provided in subsection (a) or (b), as if the member were

11 assigned to duty in the area in which the dependents re12 side, regardless of whether the member resides in quarters

13 of the United States or is also entitled to a family separa14 tion basic allowance for housing by reason of paragraph

15 (1).

16 ‘‘(4) The family separation basic allowance for hous17 ing under this subsection shall be in addition to any other

18 allowance or per diem that the member is otherwise enti19 tled to receive under this title. A member may receive a

20 basic allowance for housing under both paragraphs (1)

21 and (3).

22 ‘‘(e) EFFECT OF ASSIGNMENT TO QUARTERS.—(1)

23 Except as otherwise provided by law, a member of a uni24 formed service who is assigned to quarters of the United

25 States or a housing facility under the jurisdiction of a uni-
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1 formed service appropriate to the grade, rank, or rating

2 of the member and adequate for the member and depend3 ents of the member, if with dependents, is not entitled to

4 a basic allowance for housing.

5 ‘‘(2) A member without dependents who is in a pay

6 grade above pay grade E–6 and who is assigned to quar7 ters in the United States or a housing facility under the

8 jurisdiction of a uniformed service, appropriate to the

9 grade or rank of the member and adequate for the mem10 ber, may elect not to occupy those quarters and instead

11 to receive the basic allowance for housing prescribed for

12 the member’s pay grade by this section.

13 ‘‘(3) A member without dependents who is in pay

14 grade E–6 and who is assigned to quarters of the United

15 States that do not meet the minimum adequacy standards

16 established by the Secretary of Defense for members in

17 such pay grade, or to a housing facility under the jurisdic18 tion of a uniformed service that does not meet such stand19 ards, may elect not to occupy such quarters or facility and

20 instead to receive the basic allowance for housing pre21 scribed for the member’s pay grade under this section.

22 ‘‘(4) The Secretary concerned may deny the right to

23 make an election under paragraph (2) or (3) if the Sec24 retary determines that the exercise of such an election
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1 would adversely affect a training mission, military dis2 cipline, or military readiness.

3 ‘‘(5) A member with dependents who is assigned to

4 quarters of the United States or a housing facility under

5 the jurisdiction of a uniformed service may be paid the

6 basic allowance for housing if, because of orders of com7 petent authority, the dependents are prevented from occu8 pying those quarters.

9 ‘‘(f) INELIGIBILITY DURING INITIAL FIELD DUTY OR

10 SEA DUTY.—(1) A member of a uniformed service without

11 dependents who makes a permanent change of station for

12 assignment to a unit conducting field operations is not en13 titled to a basic allowance for housing while on that initial

14 field duty unless the commanding officer of the member

15 certifies that the member was necessarily required to pro16 cure quarters at the member’s expense.

17 ‘‘(2)(A) Except as provided in subparagraphs (B)

18 and (C), a member of a uniformed service without depend19 ents who is in a pay grade below pay grade E–6 is not

20 entitled to a basic allowance for housing while the member

21 is on sea duty.

22 ‘‘(B) Under regulations prescribed by the Secretary

23 concerned, the Secretary may authorize the payment of

24 a basic allowance for housing to a member of a uniformed

25 service without dependents who is serving in pay grade
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1 E–5 and is assigned to sea duty. In prescribing regula2 tions under this subparagraph, the Secretary concerned

3 shall consider the availability of quarters for members

4 serving in pay grade E–5.

5 ‘‘(C) Notwithstanding section 421 of this title, two

6 members of the uniformed services in a pay grade below

7 pay grade E–6 who are married to each other, have no

8 other dependents, and are simultaneously assigned to sea

9 duty are jointly entitled to one basic allowance for housing

10 during the period of such simultaneous sea duty. The

11 amount of the allowance shall be based on the without de12 pendents rate for the pay grade of the senior member of

13 the couple. However, this subparagraph shall not apply to

14 a couple if one or both of the members are entitled to

15 a basic allowance for housing under subparagraph (B).

16 ‘‘(3) The Secretary of Defense, and the Secretary of

17 Transportation with respect to the Coast Guard when it

18 is not operating as a service in the Department of the

19 Navy, shall prescribe regulation defining the terms ‘field

20 duty’ and ‘sea duty’ for purposes of this section.

21 ‘‘(g) RESERVE MEMBERS.—(1) A member of a re22 serve component without dependents who is called or or23 dered to active duty in support of a contingency operation,

24 or a retired member without dependents who is ordered

25 to active duty under section 688(a) of title 10 in support
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1 of a contingency operation, may not be denied a basic al2 lowance for housing if, because of that call or order, the

3 member is unable to continue to occupy a residence—

4 ‘‘(A) which is maintained as the primary resi5 dence of the member at the time of the call or order;

6 and

7 ‘‘(B) which is owned by the member or for

8 which the member is responsible for rental pay9 ments.

10 ‘‘(2) Paragraph (1) shall not apply if the member is

11 authorized transportation of household goods under sec12 tion 406 of this title as part of the call or order to active

13 duty described in such paragraph.

14 ‘‘(3) The Secretary of Defense shall establish a rate

15 of basic allowance for housing to be paid to a member

16 of a reserve component while the member serves on active

17 duty under a call or order to active duty specifying a pe18 riod of less than 140 days, unless the call or order to ac19 tive duty is in support of a contingency operation.

20 ‘‘(h) RENTAL OF PUBLIC QUARTERS.—Notwith21 standing any other law (including those restricting the oc22 cupancy of housing facilities under the jurisdiction of a

23 department or agency of the United States by members,

24 and their dependents, of the armed forces above specified

25 grades, or by members, and their dependents, of the Na-
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1 tional Oceanic and Atmospheric Administration and the

2 Public Health Service), a member of a uniformed service,

3 and the dependents of the member, may be accepted as

4 tenants in, and may occupy on a rental basis, any of those

5 housing facilities, other than public quarters constructed

6 or designated for assignment to an occupancy without

7 charge by such a member and the dependents of the mem8 ber, if any. Such a member may not, because of occupancy

9 under this subsection, be deprived of any money allowance

10 to which the member is otherwise entitled for the rental

11 of quarters.

12 ‘‘(i) TEMPORARY HOUSING ALLOWANCE WHILE IN

13 TRAVEL OR LEAVE STATUS.—A member of a uniformed

14 service who is in a pay grade E–4 (4 or more years of

15 service) or above is entitled to a temporary basic allowance

16 for housing (at a rate determined by the Secretary of De17 fense) while the member is in a travel or leave status be18 tween permanent duty stations, including time granted as

19 delay en route or proceed time, when the member is not

20 assigned to quarters of the United States.

21 ‘‘(j) AVIATION CADETS.—The eligibility of an avia22 tion cadet of the Navy, Air Force, Marine Corps, or Coast

23 Guard for a basic allowance for housing shall be deter24 mined as if the aviation cadet were a member of the uni25 formed services in pay grade E–4.
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1 ‘‘(k) ADMINISTRATION.—(1) The Secretary of De2 fense shall prescribe regulations for the administration of

3 this section.

4 ‘‘(2) The Secretary concerned may make such deter5 minations as may be necessary to administer this section,

6 including determinations of dependency and relationship.

7 When warranted by the circumstances, the Secretary con8 cerned may reconsider and change or modify any such de9 termination. The authority of the Secretary concerned

10 under this subsection may be delegated. Any determina11 tion made under this section with regard to a member of

12 the uniformed services is final and is not subject to review

13 by any accounting officer of the United States or a court,

14 unless there is fraud or gross negligence.

15 ‘‘(3) Parking facilities (including utility connections)

16 provided members of the uniformed services for house

17 trailers and mobile homes not owned by the Government

18 shall not be considered to be quarters for the purposes

19 of this section or any other provision of law. Any fees es20 tablished by the Government for the use of such a facility

21 shall be established in an amount sufficient to cover the

22 cost of maintenance, services, and utilities and to amortize

23 the cost of construction of the facility over the 25-year

24 period beginning with the completion of such construction.
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1 ‘‘(l) TEMPORARY CONTINUATION OF ALLOWANCE

2 FOR DEPENDENTS OF MEMBERS DYING ON ACTIVE

3 DUTY.—(1) The Secretary of Defense, or the Secretary

4 of Transportation in the case of the Coast Guard when

5 not operating as a service in the Navy, may allow the de6 pendents of a member of the armed forces who dies on

7 active duty and whose dependents are occupying family

8 housing provided by the Department of Defense, or by the

9 Department of Transportation in the case of the Coast

10 Guard, other than on a rental basis on the date of the

11 member’s death to continue to occupy such housing with12 out charge for a period of 180 days.

13 ‘‘(2) The Secretary concerned may pay a basic allow14 ance for housing (at the rate that is payable for members

15 of the same grade and dependency status as the deceased

16 member for the area where the dependents are residing)

17 to the dependents of a member of the uniformed services

18 who dies while on active duty and whose dependents—

19 ‘‘(A) are not occupying a housing facility under

20 the jurisdiction of a uniformed service on the date

21 of the member’s death;

22 ‘‘(B) are occupying such housing on a rental

23 basis on such date; or

24 ‘‘(C) vacate such housing sooner than 180 days

25 after the date of the member’s death.
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•S 1339 IS

1 ‘‘(3) The payment of the allowance under paragraph

2 (2) shall terminate 180 days after the date of the mem3 ber’s death.

4 ‘‘(m) MEMBERS PAYING CHILD SUPPORT.—(1) A

5 member of a uniformed service with dependents may not

6 be paid a basic allowance for housing at the with depend7 ents rate solely by reason of the payment of child support

8 by the member if—

9 ‘‘(A) the member is assigned to a housing facil10 ity under the jurisdiction of a uniformed service; or

11 ‘‘(B) the member is assigned to sea duty, and

12 elects not to occupy assigned quarters for unaccom13 panied personnel, unless the member is in a pay

14 grade above E–4.

15 ‘‘(2) A member of a uniformed service assigned to

16 quarters of the United States or a housing facility under

17 the jurisdiction of a uniformed service who is not other18 wise authorized a basic allowance for housing and who

19 pays child support is entitled to the basic allowance for

20 housing differential, except for months for which the

21 amount payable for the child support is less than the rate

22 of the differential. Payment of a basic allowance for hous23 ing differential does not affect any entitlement of the

24 member to a partial allowance for quarters under sub25 section (n).
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•S 1339 IS

1 ‘‘(3) The basic allowance for housing differential to

2 which a member is entitled under paragraph (2) is the

3 amount equal to the difference between—

4 ‘‘(A) the rate of the basic allowance for quar5 ters (with dependents) for the member’s pay grade,

6 as such rate was in effect on December 31, 1997,

7 under this section (as in effect on that date); and

8 ‘‘(B) the rate of the basic allowance for quar9 ters (without dependents) for the member’s pay

10 grade, as such rate was in effect on December 31,

11 1997, under this section (as in effect on that date).

12 ‘‘(4) Whenever the rates of basic pay for members

13 of the uniformed services are increased, the monthly

14 amount of the basic allowance for housing differential

15 computed under paragraph (3) shall be increased by the

16 average percentage increase in the rates of basic pay. The

17 effective date of the increase shall be the same date as

18 the effective date of the increase in the rates of basic pay.

19 ‘‘(5) In the case of two members, who have one or

20 more common dependents (and no others), who are not

21 married to each other, and one of whom pays child support

22 to the other, the amount of the basic allowance for housing

23 paid to each member under this section shall be reduced

24 in accordance with regulations prescribed by the Secretary

25 of Defense. The total amount of the basic allowances for
28

•S 1339 IS

1 housing paid to the two members may not exceed the sum

2 of the amounts of the allowance to which each member

3 would be otherwise entitled under this section.

4 ‘‘(n) PARTIAL ALLOWANCE FOR MEMBERS WITHOUT

5 DEPENDENTS.—(1) A member of a uniformed service

6 without dependents who is not entitled to receive a basic

7 allowance for housing under subsection (b), (c), or (d) is

8 entitled to a partial basic allowance for housing at a rate

9 determined by the Secretary of Defense under paragraph

10 (2).

11 ‘‘(2) The rate of the partial basic allowance for hous12 ing is the partial rate of the basic allowance for quarters

13 for the member’s pay grade as such partial rate was in

14 effect on December 31, 1997, under section 1009(c)(2)

15 of this title (as such section was in effect on such date).’’.

16 (b) TRANSITION TO BASIC ALLOWANCE FOR HOUS17 ING.—The Secretary of Defense shall develop and imple18 ment a plan to incrementally manage the rate of growth

19 of the various components of the basic allowance for hous20 ing authorized by section 403 of title 37, United States

21 Code (as amended by subsection (a)), during a transition

22 period of not more than six years. During the transition

23 period, the Secretary may continue to use the authorities

24 provided under sections 403, 403a, 405(b), and 427(a) of

25 title 37, United States Code (as in effect on the day before
29

•S 1339 IS

1 the date of the enactment of this Act), but subject to such

2 modifications as the Secretary considers necessary, to pro3 vide allowances for members of the uniformed services.

4 (c) REPEAL OF SUPERSEDED AUTHORITIES.—(1)

5 Section 403a of title 37, United States Code, is repealed.

6 (2) Section 405 of such title is amended—

7 (A) by striking out subsection (b); and

8 (B) by redesignating subsections (c) and (d) as

9 subsections (b) and (c), respectively.

10 (3) Section 427 of such title is amended—

11 (A) by striking out subsection (a); and

12 (B) in subsection (b)—

13 (i) by striking out ‘‘(b) ADDITIONAL

14 SEPARATION ALLOWANCE.—’’ and inserting in

15 lieu thereof ‘‘(a) ENTITLEMENT TO

16 ALLOWANCE.—’’;

17 (ii) in paragraph (1)—

18 (I) by striking out ‘‘, including sub19 section (a),’’ in the matter preceding the

20 subparagraphs;

21 (II) by inserting ‘‘or’’ at the end of

22 subparagraph (B);

23 (III) by striking out ‘‘; or’’ at the end

24 of subparagraph (C) and inserting in lieu

25 thereof a period; and
30

•S 1339 IS

1 (IV) by striking out subparagraph

2 (D);

3 (iii) in paragraph (3)—

4 (I) by striking out ‘‘(3) An allowance’’

5 and inserting in lieu thereof ‘‘(b) ENTI6 TLEMENT WHEN NO RESIDENCE OR

7 HOUSEHOLD MAINTAINED FOR DEPEND8 ENTS.—An allowance’’; and

9 (II) by striking out ‘‘this subsection’’

10 and inserting in lieu thereof ‘‘subsection

11 (a)’’;

12 (iv) in paragraph (4)—

13 (I) by striking out ‘‘(4) A member’’

14 and inserting in lieu thereof ‘‘(c) EFFECT

15 OF ELECTION TO SERVE UNACCOMPANIED

16 TOUR OF DUTY.—A member’’; and

17 (II) by striking out ‘‘paragraph (1)(A)

18 of this subsection’’ and inserting in lieu

19 thereof ‘‘subsection (a)(1)(A)’’; and

20 (v) by striking out paragraph (5) and in21 serting in lieu thereof the following new sub22 section:

23 ‘‘(d) ENTITLEMENT WHILE SPOUSE ENTITLED TO

24 BASIC PAY.—A member married to another member of

25 the uniformed services becomes entitled, regardless of any
31

•S 1339 IS

1 other dependency status, to an allowance under subsection

2 (a) by virtue of duty prescribed in subparagraph (A), (B),

3 or (C) of paragraph (1) of such subsection if the members

4 were residing together immediately before being separated

5 by reasons of execution of military orders. Section 421 of

6 this title does not apply to bar the entitlement to an allow7 ance under this section. However, not more than one

8 monthly allowance may be paid with respect to a married

9 couple under this section.’’.

10 (4) The table of sections at the beginning of chapter

11 7 of title 37, United States Code, is amended by striking

12 out the items relating to sections 403 and 403a and insert13 ing in lieu thereof the following new item:

‘‘403. Basic allowance for housing.’’.

14 (d) CONFORMING AMENDMENTS.—(1) Title 37, Unit15 ed States Code, is amended—

16 (A) in section 101(25), by striking out ‘‘basic

17 allowance for quarters (including any variable hous18 ing allowance or station housing allowance)’’ and in19 serting in lieu thereof ‘‘basic allowance for housing’’;

20 (B) in section 406(c), by striking out ‘‘sections

21 404 and 405’’ and inserting in lieu thereof ‘‘sections

22 403(c), 404, and 405’’;

23 (C) in section 420(c), by striking out ‘‘quar24 ters’’ and inserting in lieu thereof ‘‘housing’’;
32

•S 1339 IS

1 (D) in section 551(3)(D), by striking out ‘‘basic

2 allowance for quarters’’ and inserting in lieu thereof

3 ‘‘basic allowance for housing’’; and

4 (E) in section 1014(a), by striking out ‘‘basic

5 allowance for quarters’’ and inserting in lieu thereof

6 ‘‘basic allowance for housing’’.

7 (2) Title 10, United States Code, is amended—

8 (A) in section 708(c)(1), by striking out ‘‘basic

9 allowance for quarters or basic allowance for subsist10 ence’’ and inserting in lieu thereof ‘‘basic allowance

11 for housing under section 403 of title 37, basic al12 lowance for subsistence under section 402 of such

13 title,’’;

14 (B) in section 2830(a)—

15 (i) in paragraph (1), by striking out ‘‘basic

16 allowance for quarters’’ and inserting in lieu

17 thereof ‘‘basic allowance for housing under sec18 tion 403 of title 37’’; and

19 (ii) in paragraph (2), by striking out

20 ‘‘basic allowance for quarters’’ and inserting in

21 lieu thereof ‘‘basic allowance for housing’’;

22 (C) in section 2882(b)—

23 (i) in paragraph (1), by striking out ‘‘sec24 tion 403(b)’’ and inserting in lieu thereof ‘‘sec25 tion 403’’; and
33

•S 1339 IS

1 (ii) in paragraph (2), by striking out

2 ‘‘basic allowance for quarters’’ and all that fol3 lows through the end of the paragraph and in4 serting in lieu thereof ‘‘basic allowance for

5 housing under section 403 of title 37.’’;

6 (D) in section 7572(b)—

7 (i) in paragraph (1), by striking out ‘‘the

8 total of—’’ and all that follows through the end

9 of the paragraph and inserting in lieu thereof

10 ‘‘the basic allowance for housing payable under

11 section 403 of title 37 to a member of the same

12 pay grade without dependents for the period

13 during which the member is deprived of quar14 ters on board ship.’’; and

15 (ii) in paragraph (2), by striking out

16 ‘‘basic allowance for quarters’’ and inserting in

17 lieu thereof ‘‘basic allowance for housing’’; and

18 (E) in section 7573, by striking out ‘‘basic al19 lowance for quarters’’ and inserting in lieu thereof

20 ‘‘basic allowance for housing under section 403 of

21 title 37’’.

22 (3) Section 5561(6)(D) of title 5, United States

23 Code, is amended by striking out ‘‘basic allowance for

24 quarters’’ and inserting in lieu thereof ‘‘basic allowance

25 for housing’’.
34

•S 1339 IS

1 (4) Section 107(b) of title 32, United States Code,

2 is amended by striking out ‘‘and quarters’’ and inserting

3 in lieu thereof ‘‘and housing’’.

4 (5) Section 4(k)(10) of the Military Selective Service

5 Act (50 U.S.C. App. 454(k)(10)) is amended by striking

6 out ‘‘as such terms’’ and all that follows through ‘‘ex7 tended or amended’’ and inserting in lieu thereof ‘‘shall

8 be entitled to receive a dependency allowance equal to the

9 basic allowance for housing provided for persons in pay

10 grade E–1 under section 403 of title 37, United States

11 Code,’’.

12 (e) EFFECTIVE DATE.—This section and the amend13 ments made by this section shall take effect on January

14 1, 1998.

15 SEC. 104. REVISION OF AUTHORITY TO ADJUST COMPENSA16 TION NECESSITATED BY REFORM OF SUB17 SISTENCE AND HOUSING ALLOWANCES.

18 (a) REMOVAL OF REFERENCES TO BAS AND BAQ.—

19 (1) Section 1009 of title 37, United States Code, is

20 amended to read as follows:

21 ‘‘§ 1009. Adjustments of monthly basic pay

22 ‘‘(a) ADJUSTMENT REQUIRED.—Whenever the Gen23 eral Schedule of compensation for Federal classified em24 ployees, as contained in section 5332 of title 5, is adjusted

25 upward as provided in section 5303 of such title, the
35

•S 1339 IS

1 President shall immediately make an upward adjustment

2 in the monthly basic pay authorized members of the uni3 formed services by section 203(a) of this title.

4 ‘‘(b) EFFECTIVENESS OF ADJUSTMENT.—An adjust5 ment under this section shall—

6 ‘‘(1) have the force and effect of law; and

7 ‘‘(2) carry the same effective date as that ap8 plying to the compensation adjustments provided

9 General Schedule employees.

10 ‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL MEM11 BERS.—Subject to subsection (d), an adjustment under

12 this section shall provide all eligible members with an in13 crease in the monthly basic pay which is of the same per14 centage as the overall average percentage increase in the

15 General Schedule rates of both basic pay and locality pay

16 for civilian employees.

17 ‘‘(d) ALLOCATION OF INCREASE AMONG PAY

18 GRADES AND YEARS-OF-SERVICE.—(1) Subject to para19 graph (2), whenever the President determines such action

20 to be in the best interest of the Government, he may allo21 cate the overall percentage increase in the monthly basic

22 pay under subsection (a) among such pay grade and years23 of-service categories as he considers appropriate.

24 ‘‘(2) In making any allocation of an overall percent25 age increase in basic pay under paragraph (1)—
36

•S 1339 IS

1 ‘‘(A) the amount of the increase in basic pay

2 for any given pay grade and years-of-service cat3 egory after any allocation made under this sub4 section may not be less than 75 percent of the

5 amount of the increase in the monthly basic pay that

6 would otherwise have been effective with respect to

7 such pay grade and years-of-service category under

8 subsection (c); and

9 ‘‘(B) the percentage increase in the monthly

10 basic pay in the case of any member of the uni11 formed services with four years or less service may

12 not exceed the overall percentage increase in the

13 General Schedule rates of basic pay for civilian em14 ployees.

15 ‘‘(e) NOTICE OF ALLOCATIONS.—Whenever the

16 President plans to exercise the authority of the President

17 under subsection (d) with respect to any anticipated in18 crease in the monthly basic pay of members of the uni19 formed services, the President shall advise Congress, at

20 the earliest practicable time prior to the effective date of

21 such increase, regarding the proposed allocation of such

22 increase.

23 ‘‘(f) QUADRENNIAL ASSESSMENT OF ALLOCA24 TIONS.—The allocations of increases made under this sec25 tion shall be assessed in conjunction with the quadrennial
37

•S 1339 IS

1 review of military compensation required by section

2 1008(b) of this title.’’.

3 (2) The item relating to such section in the table of

4 sections at the beginning of chapter 19 of such title is

5 amended to read as follows:

‘‘1009. Adjustments of monthly basic pay.’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 subsection (a) shall take effect on January 1, 1998.

8 SEC. 105. PROTECTION OF TOTAL COMPENSATION OF MEM9 BERS WHILE PERFORMING CERTAIN DUTY.

10 Section 1009 of title 37, United States Code, as

11 amended by section 104, is further amended—

12 (1) by redesignating subsection (f) as sub13 section (g); and

14 (2) by inserting after subsection (e) the follow15 ing new subsection:

16 ‘‘(f) PROTECTION OF MEMBER’S TOTAL COMPENSA17 TION WHILE PERFORMING CERTAIN DUTY.—(1) The

18 total daily equivalent amount of the elements of compensa19 tion described in paragraph (3), together with other pay

20 and allowances under this title, to be paid to a member

21 of the uniformed services who is temporarily assigned to

22 duty away from the member’s permanent duty station or

23 to duty under field conditions at the member’s permanent

24 duty station shall not be less, for any day during the as25 signment period, than the total amount, for the day imme-
38

•S 1339 IS

1 diately preceding the date of the assignment, of the ele2 ments of compensation and other pay and allowances of

3 the member.

4 ‘‘(2) Paragraph (1) shall not apply with respect to

5 an element of compensation or other pay or allowance of

6 a member during an assignment described in such para7 graph to the extent that the element of compensation or

8 other pay or allowance is reduced or terminated due to

9 circumstances unrelated to the assignment.

10 ‘‘(3) The elements of compensation referred to in this

11 subsection mean—

12 ‘‘(A) the monthly basic pay authorized members

13 of the uniformed services by section 203(a) of this

14 title;

15 ‘‘(B) the basic allowance for subsistence author16 ized members of the uniformed services by section

17 402 of this title; and

18 ‘‘(C) the basic allowance for housing authorized

19 members of the uniformed services by section 403 of

20 this title.’’
39

•S 1339 IS

1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 111. ONE-YEAR EXTENSION OF CERTAIN BONUSES

4 AND SPECIAL PAY AUTHORITIES FOR RE5 SERVE FORCES.

6 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

7 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

8 302g(f) of title 37, United States Code, is amended by

9 striking out ‘‘September 30, 1998’’ and inserting in lieu

10 thereof ‘‘September 30, 1999’’.

11 (b) SELECTED RESERVE REENLISTMENT BONUS.—

12 Section 308b(f) of title 37, United States Code, is amend13 ed by striking out ‘‘September 30, 1998’’ and inserting

14 in lieu thereof ‘‘September 30, 1999’’.

15 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec16 tion 308c(e) of title 37, United States Code, is amended

17 by striking out ‘‘September 30, 1998’’ and inserting in

18 lieu thereof ‘‘September 30, 1999’’.

19 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS20 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

21 308d(c) of title 37, United States Code, is amended by

22 striking out ‘‘September 30, 1998’’ and inserting in lieu

23 thereof ‘‘September 30, 1999’’.

24 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec25 tion 308e(e) of title 37, United States Code, is amended
40

•S 1339 IS

1 by striking out ‘‘September 30, 1998’’ and inserting in

2 lieu thereof ‘‘September 30, 1999’’.

3 (f) READY RESERVE ENLISTMENT AND REENLIST4 MENT BONUS.—Section 308h(g) of title 37, United States

5 Code, is amended by striking out ‘‘September 30, 1998’’

6 and inserting in lieu thereof ‘‘September 30, 1999’’.

7 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

8 308i(f) of title 37, United States Code, as redesignated

9 by section 622, is amended by striking out ‘‘September

10 30, 1998’’ and inserting in lieu thereof ‘‘September 30,

11 1999’’.

12 (h) REPAYMENT OF EDUCATION LOANS FOR CER13 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE14 LECTED RESERVE.—Section 16302(d) of title 10, United

15 States Code, is amended by striking out ‘‘October 1,

16 1998’’ and inserting in lieu thereof ‘‘October 1, 1999’’.

17 SEC. 112. ONE-YEAR EXTENSION OF CERTAIN BONUSES

18 AND SPECIAL PAY AUTHORITIES FOR NURSE

19 OFFICER CANDIDATES, REGISTERED NURSES,

20 AND NURSE ANESTHETISTS.

21 (a) NURSE OFFICER CANDIDATE ACCESSION PRO22 GRAM.—Section 2130a(a)(1) of title 10, United States

23 Code, is amended by striking out ‘‘September 30, 1998’’

24 and inserting in lieu thereof ‘‘September 30, 1999’’.
41

•S 1339 IS

1 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

2 Section 302d(a)(1) of title 37, United States Code, is

3 amended by striking out ‘‘September 30, 1998’’ and in4 serting in lieu thereof ‘‘September 30, 1999’’.

5 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES6 THETISTS.—Section 302e(a)(1) of title 37, United States

7 Code, is amended by striking out ‘‘September 30, 1998’’

8 and inserting in lieu thereof ‘‘September 30, 1999’’.

9 SEC. 113. ONE-YEAR EXTENSION OF AUTHORITIES RELAT10 ING TO PAYMENT OF OTHER BONUSES AND

11 SPECIAL PAYS.

12 (a) AVIATION OFFICER RETENTION BONUS.—Sec13 tion 301b(a) of title 37, United States Code, is amended

14 by striking out ‘‘September 30, 1998,’’ and inserting in

15 lieu thereof ‘‘September 30, 1999,’’.

16 (b) REENLISTMENT BONUS FOR ACTIVE MEM17 BERS.—Section 308(g) of title 37, United States Code, is

18 amended by striking out ‘‘September 30, 1998’’ and in19 serting in lieu thereof ‘‘September 30, 1999’’.

20 (c) ENLISTMENT BONUSES FOR MEMBERS WITH

21 CRITICAL SKILLS.—Sections 308a(c) and 308f(c) of title

22 37, United States Code, are each amended by striking out

23 ‘‘September 30, 1998’’ and inserting in lieu thereof ‘‘Sep24 tember 30, 1999’’.
42

•S 1339 IS

1 (d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI2 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

3 312(e) of title 37, United States Code, is amended by

4 striking out ‘‘September 30, 1998’’ and inserting in lieu

5 thereof ‘‘September 30, 1999’’.

6 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

7 312b(c) of title 37, United States Code, is amended by

8 striking out ‘‘September 30, 1998’’ and inserting in lieu

9 thereof ‘‘September 30, 1999’’.

10 (f) NUCLEAR CAREER ANNUAL INCENTIVE

11 BONUS.—Section 312c(d) of title 37, United States Code,

12 is amended by striking out ‘‘October 1, 1998’’ and insert13 ing in lieu thereof ‘‘October 1, 1999’’.

14 SEC. 114. INCREASE IN MINIMUM MONTHLY RATE OF HAZ15 ARDOUS DUTY INCENTIVE PAY FOR CERTAIN

16 MEMBERS.

17 (a) AERIAL FLIGHT CREWMEMBERS.—The table in

18 subsection (b) of section 301 of title 37, United States

19 Code, is amended—

20 (1) by striking out ‘‘110’’ each place it appears

21 and inserting in lieu thereof ‘‘150’’; and

22 (2) by striking out ‘‘125’’ each place it appears

23 and inserting in lieu thereof ‘‘150’’.

24 (b) AIR WEAPONS CONTROLLER AIRCREW.—The

25 table in subsection (c)(2)(A) of such section is amended—
43

•S 1339 IS

1 (1) by striking out ‘‘100’’ in the first column of

2 amounts and inserting in lieu thereof ‘‘150’’;

3 (2) by striking out ‘‘110’’ in the last column of

4 amounts and inserting in lieu thereof ‘‘150’’; and

5 (3) by striking out ‘‘125’’ each place it appears

6 and inserting in lieu thereof ‘‘150’’.

7 (c) OTHER MEMBERS.—Subsection (c)(1) of such

8 section is amended—

9 (1) by striking out ‘‘$110’’ and inserting in lieu

10 thereof ‘‘$150’’; and

11 (2) by striking out ‘‘$165’’ and inserting in lieu

12 thereof ‘‘$225’’.

13 SEC. 115. INCREASE IN AVIATION CAREER INCENTIVE PAY.

14 (a) AMOUNTS.—The table in subsection (b)(1) of sec15 tion 301a of title 37, United States Code, is amended—

16 (1) by inserting at the end of phase I of the

17 table the following:

‘‘Over 14 ............................................................................................ 840’’;

18 and

19 (2) by striking out phase II of the table and in20 serting in lieu thereof the following:

‘‘PHASE II

‘‘Monthly

‘‘Years of service as an officer: rate

‘‘Over 22 ............................................................................................ $585

‘‘Over 23 ............................................................................................ 495

‘‘Over 24 ............................................................................................ 385

‘‘Over 25 ............................................................................................ 250’’.
44

•S 1339 IS

1 (b) CONFORMING AMENDMENTS.—Such subsection is

2 further amended in the matter after the table by striking

3 out ‘‘18 years’’ both places it appears and inserting in lieu

4 thereof ‘‘22 years’’.

5 (c) EFFECTIVE DATE AND APPLICABILITY.—The

6 amendments made by subsection (a) shall take effect on

7 January 1, 1999, and shall apply with respect to months

8 beginning on or after that date.

9 SEC. 116. MODIFICATION OF AVIATION OFFICER RETEN10 TION BONUS.

11 (a) INCREASE IN BONUS AMOUNTS.—Subsection (c)

12 of section 301b of title 37, United States Code, is amend13 ed—

14 (1) in paragraph (1), by striking out ‘‘$12,000’’

15 and inserting in lieu thereof ‘‘$25,000’’; and

16 (2) in paragraph (2), by striking out ‘‘$6,000’’

17 and inserting in lieu thereof ‘‘$12,000’’.

18 (b) DURATION OF AGREEMENT.—Paragraph (2) of

19 such subsection is further amended by striking out ‘‘one

20 or two years’’ and inserting in lieu thereof ‘‘one, two, or

21 three years’’.

22 (c) CONTENT OF ANNUAL REPORT.—Subsection

23 (i)(1) of such section is amended—

24 (1) by inserting ‘‘and’’ at the end of subpara25 graph (A);
45

•S 1339 IS

1 (2) by striking out ‘‘; and’’ at the end of sub2 paragraph (B) and inserting in lieu thereof a period;

3 and

4 (3) by striking out subparagraph (C).

5 (d) DEFINITION OF AVIATION SPECIALTY.—Sub6 section (j)(2) of such section is amended by inserting ‘‘spe7 cific’’ before ‘‘community’’ both places it appears.

8 (e) EFFECTIVE DATES AND APPLICABILITY.—The

9 amendments made by this section shall take effect as of

10 October 1, 1996, and shall apply with respect to agree11 ments accepted under section 301b of title 37, United

12 States Code, on or after that date.

13 SEC. 117. AVAILABILITY OF MULTIYEAR RETENTION BONUS

14 FOR DENTAL OFFICERS.

15 (a) AVAILABILITY OF RETENTION BONUS.—Chapter

16 5 of title 37, United States Code, is amended by inserting

17 after section 301d the following new section:

18 ‘‘§ 301e. Multiyear retention bonus: dental officers of

19 the armed forces

20 ‘‘(a) BONUS AUTHORIZED.—(1) A dental officer de21 scribed in subsection (b) who executes a written agreement

22 to remain on active duty for two, three, or four years after

23 completion of any other active-duty service commitment

24 may, upon acceptance of the written agreement by the
46

•S 1339 IS

1 Secretary of the military department concerned, be paid

2 a retention bonus as provided in this section.

3 ‘‘(2) The amount of a retention bonus under para4 graph (1) may not exceed $14,000 for each year covered

5 by a four-year agreement. The maximum yearly retention

6 bonus for two-year and three-year agreements shall be re7 duced to reflect the shorter service commitment.

8 ‘‘(b) OFFICERS AUTOMATICALLY ELIGIBLE.—Sub9 section (a) applies to an officer of the armed forces who—

10 ‘‘(1) is an officer of the Dental Corps of the

11 Army or the Navy or an officer of the Air Force des12 ignated as a dental officer;

13 ‘‘(2) has a dental specialty in oral and maxillo14 facial surgery;

15 ‘‘(3) is in a pay grade below pay grade 0–7;

16 ‘‘(4) has at least eight years of creditable serv17 ice (computed as described in section 302b(g) of this

18 title) or has completed any active-duty service com19 mitment incurred for dental education and training;

20 and

21 ‘‘(5) has completed initial residency training (or

22 will complete such training before September 30 of

23 the fiscal year in which the officer enters into an

24 agreement under subsection (a)).
47

•S 1339 IS

1 ‘‘(c) EXTENSION OF BONUS TO OTHER DENTAL OF2 FICERS.—At the discretion of the Secretary of the military

3 department concerned, the Secretary may enter into a

4 written agreement described in subsection (a)(1) with a

5 dental officer who does not have the dental specialty speci6 fied in subsection (b)(2), and pay a retention bonus to

7 such an officer as provided in this section, if the officer

8 otherwise satisfies the eligibility requirements specified in

9 subsection (b). The Secretaries shall exercise the authority

10 provided in this section in a manner consistent with regu11 lations prescribed by the Secretary of Defense.

12 ‘‘(d) REFUNDS.—(1) Refunds shall be required, on

13 a pro rata basis, of sums paid under this section if the

14 officer who has received the payment fails to complete the

15 total period of active duty specified in the agreement, as

16 conditions and circumstances warrant.

17 ‘‘(2) An obligation to reimburse the United States

18 imposed under paragraph (1) is for all purposes a debt

19 owed to the United States.

20 ‘‘(3) A discharge in bankruptcy under title 11, United

21 States Code, that is entered less than five years after the

22 termination of an agreement under this section does not

23 discharge the member signing such agreement from a debt

24 arising under such agreement or under paragraph (1).

25 This paragraph applies to any case commenced under title
48

•S 1339 IS

1 11 after the date of the enactment of the National Defense

2 Authorization Act for Fiscal Year 1998.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by inserting

5 after the item relating to section 301d the following new

6 item:

‘‘301e. Multiyear retention bonus: dental officers of the armed forces.’’.

7 SEC. 118. INCREASE IN VARIABLE AND ADDITIONAL SPE8 CIAL PAYS FOR CERTAIN DENTAL OFFICERS.

9 (a) VARIABLE SPECIAL PAY FOR JUNIOR OFFI10 CERS.—Paragraph (2) of section 302b(a) of title 37, Unit11 ed States Code, is amended by striking out subparagraphs

12 (C), (D), (E), and (F) and inserting in lieu thereof the

13 following new subparagraphs:

14 ‘‘(C) $7,000 per year, if the officer has at least

15 six but less than eight years of creditable service.

16 ‘‘(D) $12,000 per year, if the officer has at

17 least eight but less than 12 years of creditable serv18 ice.

19 ‘‘(E) $10,000 per year, if the officer has at

20 least 12 but less than 14 years of creditable service.

21 ‘‘(F) $9,000 per year, if the officer has at least

22 14 but less than 18 years of creditable service.

23 ‘‘(G) $8,000 per year, if the officer has 18 or

24 more years of creditable service.’’.
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•S 1339 IS

1 (b) VARIABLE SPECIAL PAY FOR SENIOR OFFI2 CERS.—Paragraph (3) of such section is amended by

3 striking out ‘‘$1,000’’ and inserting in lieu thereof

4 ‘‘$7,000’’.

5 (c) ADDITIONAL SPECIAL PAY.—Paragraph (4) of

6 such section is amended by striking out subparagraphs

7 (B), (C), and (D) and inserting in lieu thereof the follow8 ing new subparagraphs:

9 ‘‘(B) $6,000 per year, if the officer has at least

10 three but less than 10 years of creditable service.

11 ‘‘(C) $15,000 per year, if the officer has 10 or

12 more years of creditable service.’’.

13 SEC. 119. AVAILABILITY OF SPECIAL PAY FOR DUTY AT

14 DESIGNATED HARDSHIP DUTY LOCATIONS.

15 (a) SPECIAL PAY AUTHORIZED.—Subsection (a) of

16 section 305 of title 37, United States Code, is amended

17 to read as follows:

18 ‘‘(a) SPECIAL PAY AUTHORIZED.—A member of a

19 uniformed service who is entitled to basic pay may be paid

20 special pay under this section at a monthly rate not to

21 exceed $300 while the member is on duty at a location

22 in the United States or outside the United States des23 ignated by the Secretary of Defense as a hardship duty

24 location.’’.
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•S 1339 IS

1 (b) CROSS REFERENCES AND REGULATIONS.—Such

2 section is further amended—

3 (1) in subsection (b)—

4 (A) by inserting ‘‘EXCEPTION FOR CER5 TAIN MEMBERS SERVING IN CERTAIN LOCA6 TIONS.—’’ after ‘‘(b)’’; and

7 (B) by striking out ‘‘as foreign duty pay’’

8 and inserting in lieu thereof ‘‘as hardship duty

9 location pay’’;

10 (2) in subsection (c)—

11 (A) by inserting ‘‘EXCEPTION FOR MEM12 BERS RECEIVING CAREER SEA PAY.—’’ after

13 ‘‘(c)’’; and

14 (B) by striking out ‘‘special pay under this

15 section’’ and inserting in lieu thereof ‘‘hardship

16 duty location pay under subsection (a)’’; and

17 (3) by adding at the end the following new sub18 section:

19 ‘‘(d) REGULATIONS.—The Secretary of Defense shall

20 prescribe regulations for the provision of hardship duty

21 location pay under subsection (a), including the specific

22 monthly rates at which the special pay will be available.’’.

23 (c) CLERICAL AMENDMENTS.—(1) The heading of

24 such section is amended to read as follows:
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•S 1339 IS

1 ‘‘§ 305. Special pay: hardship duty location pay’’.

2 (2) The table of sections at the beginning of chapter

3 5 of title 37, United States Code, is amended by striking

4 out the item relating to section 305 and inserting in lieu

5 thereof the following new item:

‘‘305. Special pay: hardship duty location pay.’’.

6 (d) CONFORMING AMENDMENT.—Section 907(d) of

7 title 37, United States Code, is amended by striking out

8 ‘‘duty at certain places’’ and inserting in lieu thereof

9 ‘‘duty at a hardship duty location’’.

10 (e) TRANSITION.—Until such time as the Secretary

11 of Defense prescribes regulations regarding the provision

12 of hardship duty location pay under section 305 of title

13 37, United States Code, as amended by this section, the

14 Secretary may continue to use the authority provided by

15 such section 305, as in effect on the day before the date

16 of the enactment of this Act, to provide special pay to en17 listed members of the uniformed services on duty at cer18 tain places.

19 SEC. 120. DEFINITION OF SEA DUTY FOR PURPOSES OF CA20 REER SEA PAY.

21 Section 305a(d) of title 37, United States Code, is

22 amended—

23 (1) in paragraph (1)(A), by striking out ‘‘, ship24 based staff, or ship-based aviation unit’’;
52

•S 1339 IS

1 (2) in paragraph (1)(B), by striking out ‘‘or

2 ship-based staff’’;

3 (3) by redesignating paragraphs (2) and (3) as

4 paragraphs (3) and (4), respectively; and

5 (4) by inserting after paragraph (1) the follow6 ing new paragraph:

7 ‘‘(2) The Secretary concerned may designate duty

8 performed by a member while serving on a ship the pri9 mary mission of which is accomplished either while under

10 way or in port as ‘sea duty’ for purposes of this section,

11 even though the duty is performed while the member is

12 permanently or temporarily assigned to a ship-based staff

13 or other unit not covered by paragraph (1).’’.

14 SEC. 121. MODIFICATION OF SELECTED RESERVE REEN15 LISTMENT BONUS.

16 (a) ELIGIBLE MEMBERS.—Subsection (a)(1) of sec17 tion 308b of title 37, United States Code, is amended by

18 striking out ‘‘ten years’’ and inserting in lieu thereof ‘‘14

19 years’’.

20 (b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of

21 such section is amended to read as follows:

22 ‘‘(b) BONUS AMOUNTS; PAYMENT.—(1) The amount

23 of a bonus under this section may not exceed—
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•S 1339 IS

1 ‘‘(A) $5,000, in the case of a member who reen2 lists or extends an enlistment for a period of six

3 years;

4 ‘‘(B) $2,500, in the case of a member who, hav5 ing never received a bonus under this section, reen6 lists or extends an enlistment for a period of three

7 years; and

8 ‘‘(C) $2,000, in the case of a member who, hav9 ing received a bonus under this section for a pre10 vious three-year reenlistment or extension of an en11 listment, reenlists or extends the enlistment for an

12 additional period of three years.

13 ‘‘(2) Any bonus payable under this section shall be

14 disbursed in one initial payment of an amount not to ex15 ceed one-half of the total amount of the bonus and subse16 quent periodic partial payments of the balance of the

17 bonus. The Secretary concerned shall prescribe the

18 amount of each partial payment and the schedule for mak19 ing the partial payments.’’.

20 (c) SPECIAL ELIGIBILITY REQUIREMENTS; NUMBER

21 OF INDIVIDUAL BONUSES.—Subsection (c) of such section

22 is amended to read as follows:

23 ‘‘(c) CONDITION ON ELIGIBILITY; LIMITATION ON

24 NUMBER OF BONUSES.—(1) To be eligible for a second
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•S 1339 IS

1 bonus under this section in the amount specified in sub2 section (b)(1)(C), a member must—

3 ‘‘(A) enter into the subsequent reenlistment or

4 extension of an enlistment for a period of three

5 years not later than the date on which the enlist6 ment or extension for which the first bonus was paid

7 would expire; and

8 ‘‘(B) still satisfy the designated skill or unit re9 quirements required under subsection (a)(2).

10 ‘‘(2) A member may not be paid more than one six11 year bonus or two three-year bonuses under this section.’’.

12 (d) EFFECT OF FAILURE TO SERVE SATISFAC13 TORILY.—Subsection (d) of such section is amended to

14 read as follows:

15 ‘‘(d) REPAYMENT OF BONUS.—A member who re16 ceives a bonus under this section and who fails, during

17 the period for which the bonus was paid, to serve satisfac18 torily in the element of the Selected Reserve of the Ready

19 Reserve with respect to which the bonus was paid shall

20 refund to the United States an amount that bears the

21 same ratio to the amount of the bonus paid to the member

22 as the period that the member failed to serve satisfactorily

23 bears to the total period for which the bonus was paid.’’.

24 (e) CLERICAL AMENDMENTS.—Such section is fur25 ther amended—
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•S 1339 IS

1 (1) in subsection (a), by inserting ‘‘AUTHORITY

2 AND ELIGIBILITY REQUIREMENTS.—’’ after ‘‘(a)’’;

3 (2) in subsection (e), by inserting ‘‘REGULA4 TIONS.—’’ after ‘‘(e)’’; and

5 (3) in subsection (f), by inserting ‘‘TERMI6 NATION OF AUTHORITY.—’’ after ‘‘(f)’’.

7 SEC. 122. MODIFICATION OF SELECTED RESERVE ENLIST8 MENT BONUS FOR FORMER ENLISTED MEM9 BERS.

10 (a) ELIGIBLE PERSONS.—Subsection (a)(2) of sec11 tion 308i of title 37, United States Code, is amended—

12 (1) in subparagraph (A), by striking out ‘‘10

13 years’’ and inserting in lieu thereof ‘‘14 years’’;

14 (2) in subparagraph (C), by striking out ‘‘and’’;

15 (3) by redesignating subparagraph (D) as sub16 paragraph (E);

17 (4) in subparagraph (E) (as so redesignated),

18 by inserting ‘‘(except under this section)’’ after

19 ‘‘bonus’’; and

20 (5) by inserting after subparagraph (C) the fol21 lowing new subparagraph:

22 ‘‘(D) is projected to occupy a position as a

23 member of the Selected Reserve in a specialty in

24 which—
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•S 1339 IS

1 ‘‘(i) the person successfully served while a

2 member on active duty; and

3 ‘‘(ii) the person attained a level of quali4 fication while a member on active duty com5 mensurate with the grade and years of service

6 of the member; and’’.

7 (b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of

8 such section is amended to read as follows:

9 ‘‘(b) BONUS AMOUNTS; PAYMENT.—(1) The amount

10 of a bonus under this section may not exceed—

11 ‘‘(A) $5,000, in the case of a person who enlists

12 for a period of six years;

13 ‘‘(B) $2,500, in the case of a person who, hav14 ing never received a bonus under this section, enlists

15 for a period of three years; and

16 ‘‘(C) $2,000, in the case of a person who, hav17 ing received a bonus under this section for a pre18 vious three-year enlistment, reenlists or extends the

19 enlistment for an additional period of three years.

20 ‘‘(2) Any bonus payable under this section shall be

21 disbursed in one initial payment of an amount not to ex22 ceed one-half of the total amount of the bonus and subse23 quent periodic partial payments of the balance of the

24 bonus. The Secretary concerned shall prescribe the
57

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1 amount of each partial payment and the schedule for mak2 ing the partial payments.’’.

3 (c) SPECIAL ELIGIBILITY REQUIREMENTS; NUMBER

4 OF INDIVIDUAL BONUSES.—Subsection (c) of such section

5 is amended to read as follows:

6 ‘‘(c) CONDITION ON ELIGIBILITY; LIMITATION ON

7 NUMBER OF BONUSES.—(1) To be eligible for a second

8 bonus under this section in the amount specified in sub9 section (b)(1)(C), a person must—

10 ‘‘(A) enter into a reenlistment or extension of

11 an enlistment for a period of three years not later

12 than the date on which the enlistment for which the

13 first bonus was paid would expire; and

14 ‘‘(B) still satisfy the eligibility requirements

15 under subsection (a).

16 ‘‘(2) A person may not be paid more than one six17 year bonus or two three-year bonuses under this section.’’.

18 (d) REORGANIZATION OF SECTION.—Such section is

19 further amended—

20 (1) by redesignating subsections (e), (f), and

21 (g) as paragraphs (2), (3), and (4), respectively, of

22 subsection (d); and

23 (2) by redesignating subsections (h) and (i) as

24 subsections (e) and (f), respectively.
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•S 1339 IS

1 (e) CONFORMING AND CLERICAL AMENDMENTS.—

2 Such section is further amended—

3 (1) in subsection (a), by inserting ‘‘AUTHORITY

4 AND ELIGIBILITY REQUIREMENTS.—’’ after ‘‘(a)’’;

5 (2) in subsection (d)—

6 (A) by inserting ‘‘REPAYMENT OF

7 BONUS.—(1)’’ after ‘‘(d)’’;

8 (B) in paragraphs (2) and (4), as redesig9 nated by subsection (d)(1), by striking out

10 ‘‘subsection (d)’’ and inserting in lieu thereof

11 ‘‘paragraph (1)’’; and

12 (C) in paragraph (3), as redesignated by

13 subsection (d)(1)—

14 (i) by striking out ‘‘subsection (h)’’

15 and inserting in lieu thereof ‘‘subsection

16 (e)’’; and

17 (ii) by striking out ‘‘subsection (d)’’

18 and inserting in lieu thereof ‘‘paragraph

19 (1)’’;

20 (3) in subsection (e), as redesignated by sub21 section (d)(2), by inserting ‘‘REGULATIONS.—’’ after

22 ‘‘(e)’’; and

23 (4) in subsection (f), as redesignated by sub24 section (d)(2), by inserting ‘‘TERMINATION OF AU25 THORITY.—’’ after ‘‘(f)’’.
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•S 1339 IS

1 SEC. 123. EXPANSION OF RESERVE AFFILIATION BONUS TO

2 INCLUDE COAST GUARD RESERVE.

3 Section 308e of title 37, United States Code, is

4 amended—

5 (1) in subsection (a), by striking out ‘‘Under

6 regulations prescribed by the Secretary of Defense,

7 the Secretary of a military department’’ and insert8 ing in lieu thereof ‘‘The Secretary concerned’’;

9 (2) in subsection (b)(3), by striking out ‘‘des10 ignated by the Secretary of Defense for the purposes

11 of this section’’ and inserting in lieu thereof ‘‘des12 ignated for purposes of this section in the regula13 tions prescribed under subsection (f)’’;

14 (3) in subsection (c)(3), by striking out ‘‘regu15 lations prescribed by the Secretary of Defense’’ and

16 inserting in lieu thereof ‘‘the regulations prescribed

17 under subsection (f)’’; and

18 (4) by adding at the end the following new sub19 sections:

20 ‘‘(f) This section shall be administered under regula21 tions prescribed by the Secretary of Defense for the armed

22 forces under the jurisdiction of the Secretary of Defense

23 and by the Secretary of Transportation for the Coast

24 Guard when the Coast Guard is not operating as a service

25 in the Navy.
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1 ‘‘(g) The authority in subsection (a) does not apply

2 to the Secretary of Commerce and the Secretary of Health

3 and Human Services.’’.

4 SEC. 124. INCREASE IN SPECIAL PAY AND BONUSES FOR

5 NUCLEAR-QUALIFIED OFFICERS.

6 (a) SPECIAL PAY FOR OFFICERS EXTENDING PE7 RIOD OF ACTIVE SERVICE.—Section 312(a) of title 37,

8 United States Code, is amended by striking out ‘‘$12,000’’

9 and inserting in lieu thereof ‘‘$15,000’’.

10 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

11 312b(a)(1) of title 37, United States Code, is amended

12 by striking out ‘‘$8,000’’ and inserting in lieu thereof

13 ‘‘$10,000’’.

14 (c) NUCLEAR CAREER ANNUAL INCENTIVE BO15 NUSES.—Section 312c of title 37, United States Code, is

16 amended—

17 (1) in subsection (a)(1), by striking out

18 ‘‘$10,000’’ and inserting in lieu thereof ‘‘$12,000’’;

19 and

20 (2) in subsection (b)(1), by striking out

21 ‘‘$4,500’’ and inserting in lieu thereof ‘‘$5,500’’.

22 (d) EFFECTIVE DATE.—(1) The amendments made

23 by this section shall take effect as of October 1, 1997.

24 (2) The amendments made by subsections (a) and (b)

25 shall apply with respect to agreements accepted under sec-
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1 tions 312(a) and 312b(a), respectively, of title 37, United

2 States Code, on or after October 1, 1997.

3 SEC. 125. PROVISION OF BONUSES IN LIEU OF SPECIAL PAY

4 FOR ENLISTED MEMBERS EXTENDING TOURS

5 OF DUTY AT DESIGNATED LOCATIONS OVER6 SEAS.

7 (a) INCLUSION OF BONUS INCENTIVE.—(1) Section

8 314 of title 37, United States Code, is amended to read

9 as follows:

10 ‘‘§ 314. Special pay or bonus: qualified enlisted mem11 bers extending duty at designated loca12 tions overseas

13 ‘‘(a) COVERED MEMBERS.—This section applies with

14 respect to an enlisted member of an armed force who—

15 ‘‘(1) is entitled to basic pay;

16 ‘‘(2) has a specialty that is designated by the

17 Secretary concerned for the purposes of this section;

18 ‘‘(3) has completed a tour of duty (as defined

19 in accordance with regulations prescribed by the

20 Secretary concerned) at a location outside the 48

21 contiguous States and the District of Columbia that

22 is designated by the Secretary concerned for the

23 purposes of this section; and
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1 ‘‘(4) at the end of that tour of duty executes an

2 agreement to extend that tour for a period of not

3 less than one year.

4 ‘‘(b) SPECIAL PAY OR BONUS AUTHORIZED.—Upon

5 the acceptance by the Secretary concerned of the agree6 ment providing for an extension of the tour of duty of an

7 enlisted member described in subsection (a), the member

8 is entitled, at the election of the Secretary concerned, to

9 either—

10 ‘‘(1) special pay in monthly installments in an

11 amount prescribed by the Secretary, but not to ex12 ceed $80 per month; or

13 ‘‘(2) an annual bonus in an amount prescribed

14 by the Secretary, but not to exceed $2,000 per year.

15 ‘‘(c) SELECTION AND PAYMENT OF SPECIAL PAY OR

16 BONUS.—Not later than the date on which the Secretary

17 concerned accepts an agreement described in subsection

18 (a)(4) providing for the extension of a member’s tour of

19 duty, the Secretary concerned shall notify the member re20 garding whether the member will receive special pay or

21 a bonus under this section. The payment rate for the spe22 cial pay or bonus shall be fixed at the time of the agree23 ment and may not be changed during the period of the

24 extended tour of duty. The Secretary concerned may pay
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1 a bonus under this section either in a lump sum or install2 ments.

3 ‘‘(d) REPAYMENT OF BONUS.—(1) A member who,

4 having entered into a written agreement to extend a tour

5 of duty for a period under subsection (a), receives a bonus

6 payment under subsection (b)(2) for a 12-month period

7 covered by the agreement and ceases during that 12-

8 month period to perform the agreed tour of duty shall re9 fund to the United States the unearned portion of the

10 bonus. The unearned portion of the bonus is the amount

11 by which the amount of the bonus paid to the member

12 exceeds the amount determined by multiplying the amount

13 of the bonus paid by the percent determined by dividing

14 12 into the number of full months during which the mem15 ber performed the duty in the 12-month period.

16 ‘‘(2) The Secretary concerned may waive the obliga17 tion of a member to reimburse the United States under

18 paragraph (1) if the Secretary determines that conditions

19 and circumstances warrant the waiver.

20 ‘‘(3) An obligation to repay the United States im21 posed under paragraph (1) is for all purposes a debt owed

22 to the United States.

23 ‘‘(4) A discharge in bankruptcy under title 11 that

24 is entered less than five years after the termination of the

25 agreement does not discharge the member signing the
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1 agreement from a debt arising under the agreement or

2 under paragraph (1). This paragraph applies to any case

3 commenced under title 11 on or after the date of the en4 actment of the National Defense Authorization Act for

5 Fiscal Year 1998.

6 ‘‘(e) EFFECT OF REST AND RECUPERATIVE AB7 SENCE.—A member who elects to receive one of the bene8 fits specified in section 705(b) of title 10 as part of the

9 extension of a tour of duty is not entitled to the special

10 pay authorized by subsection (b)(1) for the period of the

11 extension of duty for which the benefit under such section

12 is provided.’’.

13 (2) The item relating to section 314 in the table of

14 sections at the beginning of chapter 5 of such title is

15 amended to read as follows:

‘‘314. Special pay or bonus: qualified enlisted members extending duty at designated locations overseas.’’.

16 (b) APPLICATION OF AMENDMENT.—Section 314 of

17 title 37, United States Code, as amended by subsection

18 (a), shall apply with respect to an agreement to extend

19 a tour of duty as provided in such section executed on

20 or after October 1, 1997.

21 SEC. 126. INCREASE IN AMOUNT OF FAMILY SEPARATION

22 ALLOWANCE.

23 Section 427 of title 37, United States Code (as

24 amended by section 103), is further amended in subsection
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•S 1339 IS

1 (a)(1) by striking out ‘‘$75’’ and inserting in lieu thereof

2 ‘‘$100’’.

3 SEC. 127. DEADLINE FOR PAYMENT OF READY RESERVE

4 MUSTER DUTY ALLOWANCE.

5 Section 433(c) of title 37, United States Code, is

6 amended—

7 (1) in the first sentence, by striking out ‘‘and

8 shall be’’ and all that follows through ‘‘is per9 formed’’; and

10 (2) by inserting after the first sentence the fol11 lowing new sentence: ‘‘The allowance may be paid to

12 the member before, on, or after the date on which

13 the muster duty is performed, but not later than 30

14 days after that date.’’.

15 Subtitle C—Travel and

16 Transportation Allowances

17 SEC. 131. TRAVEL AND TRANSPORTATION ALLOWANCES

18 FOR DEPENDENTS BEFORE APPROVAL OF

19 MEMBER’S COURT-MARTIAL SENTENCE.

20 Section 406(h)(2)(C) of title 37, United States Code,

21 is amended by striking out the comma at the end of clause

22 (iii) and all that follows through ‘‘title 10.’’ and inserting

23 in lieu thereof a period.
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1 SEC. 132. DISLOCATION ALLOWANCE.

2 (a) IN GENERAL.—Section 407 of title 37, United

3 States Code, is amended to read as follows:

4 ‘‘§ 407. Travel and transportation allowances: disloca5 tion allowance

6 ‘‘(a) ELIGIBILITY FOR PRIMARY DISLOCATION AL7 LOWANCE.—(1) Under regulations prescribed by the Sec8 retary concerned, a member of a uniformed service de9 scribed in paragraph (2) is entitled to a primary disloca10 tion allowance at the rate determined under subsection (c)

11 for the member’s pay grade and dependency status.

12 ‘‘(2) A member of the uniformed services referred to

13 in paragraph (1) is any of the following:

14 ‘‘(A) A member who makes a change of perma15 nent station and the member’s dependents actually

16 make an authorized move in connection with the

17 change, including a move by the dependents—

18 ‘‘(i) to join the member at the member’s

19 duty station after an unaccompanied tour of

20 duty when the member’s next tour of duty is an

21 accompanied tour at the same station; and

22 ‘‘(ii) to a location designated by the mem23 ber after an accompanied tour of duty when the

24 member’s next tour of duty is an unaccom25 panied tour at the same duty station.
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1 ‘‘(B) A member whose dependents actually

2 move pursuant to section 405a(a), 406(e), 406(h),

3 or 554 of this title.

4 ‘‘(C) A member whose dependents actually

5 move from their place of residence under cir6 cumstances described in section 406a of this title.

7 ‘‘(D) A member who is without dependents

8 and—

9 ‘‘(i) actually moves to a new permanent

10 station where the member is not assigned to

11 quarters of the United States; or

12 ‘‘(ii) actually moves from a place of resi13 dence under circumstances described in section

14 406a of this title.

15 ‘‘(E) A member who is ordered to move in con16 nection with the closure or realignment of a military

17 installation and, as a result, the member’s depend18 ents actually move or, in the case of a member with19 out dependents, the member actually moves.

20 ‘‘(3) If a primary dislocation allowance is paid under

21 this subsection to a member described in subparagraph

22 (C) or (D)(ii) of paragraph (2), the member is not entitled

23 to another dislocation allowance as a member described

24 in subparagraph (A) or (E) of such paragraph in connec25 tion with the same move.
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1 ‘‘(b) SECONDARY ALLOWANCE AUTHORIZED UNDER

2 CERTAIN CIRCUMSTANCES.—(1) Under regulations pre3 scribed by the Secretary concerned, whenever a member

4 is entitled to a primary dislocation allowance under sub5 section (a) as a member described in paragraph (2)(C)

6 or (2)(D)(ii) of such subsection, the member is also enti7 tled to a secondary dislocation allowance at the rate deter8 mined under subsection (c) for the member’s pay grade

9 and dependency status if, subsequent to the member or

10 the member’s dependents actually moving from their place

11 of residence under circumstances described in section

12 406a of this title, the member or member’s dependents

13 complete that move to a new location and then actually

14 move from that new location to another location also

15 under circumstances described in section 406a of this title.

16 ‘‘(2) If a secondary dislocation allowance is paid

17 under this subsection, the member is not entitled to a dis18 location allowance as a member described in paragraph

19 (2)(A) or (2)(E) of subsection (a) in connection with those

20 moves.

21 ‘‘(c) DISLOCATION ALLOWANCE RATES.—(1) The

22 amount of the dislocation allowance to be paid under this

23 section to a member shall be based on the member’s pay

24 grade and dependency status at the time the member be25 comes entitled to the allowance.
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1 ‘‘(2) The initial rate for the dislocation allowance, for

2 each pay grade and dependency status, shall be equal to

3 the rate in effect for that pay grade and dependency status

4 on December 31, 1997, as adjusted by the average per5 centage increase in the rates of basic pay for calendar year

6 1998. Effective on the same date that the monthly rates

7 of basic pay for members are increased for a subsequent

8 calendar year, the Secretary of Defense shall adjust the

9 rates for the dislocation allowance for that calendar year

10 by the percentage equal to the average percentage increase

11 in the rates of basic pay for that calendar year.

12 ‘‘(d) FISCAL YEAR LIMITATION; EXCEPTIONS.—(1)

13 A member is not entitled to more than one dislocation al14 lowance under this section during a fiscal year unless—

15 ‘‘(A) the Secretary concerned finds that the ex16 igencies of the service require the member to make

17 more than one change of permanent station during

18 the fiscal year;

19 ‘‘(B) the member is ordered to a service school

20 as a change of permanent station;

21 ‘‘(C) the member’s dependents are covered by

22 section 405a(a), 406(e), 406(h), or 554 of this title;

23 or
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1 ‘‘(D) subparagraph (C) or (D)(ii) of subsection

2 (a)(2) or subsection (b) apply with respect to the

3 member or the member’s dependents.

4 ‘‘(2) This subsection does not apply in time of na5 tional emergency or in time of war.

6 ‘‘(e) FIRST OR LAST DUTY.—A member is not enti7 tled to payment of a dislocation allowance under this sec8 tion when the member is ordered from the member’s home

9 to the member’s first duty station or from the member’s

10 last duty station to the member’s home.

11 ‘‘(f) RULE OF CONSTRUCTION.—For purposes of this

12 section, a member whose dependents may not make an au13 thorized move in connection with a change of permanent

14 station is considered a member without dependents.

15 ‘‘(g) ADVANCE PAYMENT.—A dislocation allowance

16 payable under this section may be paid in advance.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall take effect on January 1, 1998.

19 Subtitle D—Retired Pay, Survivor

20 Benefits, and Related Matters

21 SEC. 141. ONE-YEAR OPPORTUNITY TO DISCONTINUE PAR22 TICIPATION IN SURVIVOR BENEFIT PLAN.

23 (a) ELECTION TO DISCONTINUE WITHIN ONE YEAR

24 AFTER SECOND ANNIVERSARY OF COMMENCEMENT OF

25 PAYMENT OF RETIRED PAY.—(1) Subchapter II of chap-
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1 ter 73 of title 10, United States Code, is amended by in2 serting after section 1448 the following new section:

3 ‘‘§ 1448a. Election to discontinue participation: one4 year opportunity after second anniver5 sary of commencement of payment of re6 tired pay

7 ‘‘(a) AUTHORITY.—A participant in the Plan may,

8 subject to the provisions of this section, elect to dis9 continue participation in the Plan at any time during the

10 one-year period beginning on the second anniversary of the

11 date on which payment of retired pay to the participant

12 commences.

13 ‘‘(b) CONCURRENCE OF SPOUSE.—

14 ‘‘(1) CONCURRENCE REQUIRED.—A married

15 participant may not (except as provided in para16 graph (2)) make an election under subsection (a)

17 without the concurrence of the participant’s spouse.

18 ‘‘(2) EXCEPTIONS.—A participant may make

19 such an election without the concurrence of the par20 ticipant’s spouse by establishing to the satisfaction

21 of the Secretary concerned that one of the conditions

22 specified in section 1448(a)(3)(C) of this title exists.

23 ‘‘(3) FORM OF CONCURRENCE.—The concur24 rence of a spouse under paragraph (1) shall be made

25 in such written form and shall contain such informa-
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1 tion as may be required under regulations prescribed

2 by the Secretary of Defense.

3 ‘‘(c) LIMITATION ON ELECTION WHEN FORMER

4 SPOUSE COVERAGE IN EFFECT.—The limitation set forth

5 in section 1450(f)(2) of this title applies to an election

6 to discontinue participation in the Plan under subsection

7 (a).

8 ‘‘(d) WITHDRAWAL OF ELECTION TO DIS9 CONTINUE.—Section 1448(b)(1)(D) of this title applies to

10 an election under subsection (a).

11 ‘‘(e) CONSEQUENCES OF DISCONTINUATION.—Sec12 tion 1448(b)(1)(E) of this title applies to an election under

13 subsection (a).

14 ‘‘(f) NOTICE TO AFFECTED BENEFICIARIES.—The

15 Secretary concerned shall notify any former spouse or

16 other natural person previously designated under section

17 1448(b) of this title of an election to discontinue participa18 tion under subsection (a).

19 ‘‘(g) EFFECTIVE DATE OF ELECTION.—An election

20 under subsection (a) is effective as of the first day of the

21 first calendar month following the month in which the

22 election is received by the Secretary concerned.

23 ‘‘(h) INAPPLICABILITY OF IRREVOCABILITY PROVI24 SIONS.—Paragraphs (4)(B) and (5)(C) of section 1448(a)
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1 of this title do not apply to prevent an election under sub2 section (a).’’.

3 (2) The table of sections at the beginning of such sub4 chapter is amended by inserting after the item relating

5 to section 1448 the following new item:

‘‘1448a. Election to discontinue participation: one-year opportunity after second

anniversary of commencement of payment of retired pay.’’.

6 (b) TRANSITION PROVISION FOR CURRENT PARTICI7 PANTS.—Notwithstanding the limitation on the time for

8 making an election under section 1448a of title 10, United

9 States Code (as added by subsection (a)), that is specified

10 in subsection (a) of such section, a participant in the Sur11 vivor Benefit Plan under subchapter II of chapter 73 of

12 such title may make an election in accordance with that

13 section within one year after the effective date of that sec14 tion under subsection (c) if the second anniversary of the

15 commencement of payment of retired pay to the partici16 pant precedes that effective date.

17 (c) EFFECTIVE DATE.—Section 1448a of title 10,

18 United States Code, as added by subsection (a), shall take

19 effect 180 days after the date of the enactment of this

20 Act.
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1 SEC. 142. TIME IN WHICH CHANGE IN SURVIVOR BENEFIT

2 COVERAGE FROM FORMER SPOUSE TO

3 SPOUSE MAY BE MADE.

4 (a) EXTENSION OF TIME FOR CHANGE.—Section

5 1450(f)(1)(C) of title 10, United States Code, is amended

6 by adding at the end the following new sentence: ‘‘Not7 withstanding the preceding sentence, a change of election

8 under this subsection to provide an annuity to a spouse

9 instead of a former spouse may (subject to paragraph (2))

10 be made at any time after the person providing the annu11 ity remarries without regard to the time limitation in sec12 tion 1448(a)(5)(B) of this title.’’.

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) shall apply with respect to marriages occurring

15 before, on, or after the date of the enactment of this Act.

16 SEC. 143. REVIEW OF FEDERAL FORMER SPOUSE PROTEC17 TION LAWS.

18 (a) REVIEW REQUIRED.—The Secretary of Defense

19 shall carry out a comprehensive review (including a com20 parison) of—

21 (1) the protections, benefits, and treatment af22 forded under Federal law to members and former

23 members of the uniformed services and former

24 spouses of such persons; and

25 (2) the protections, benefits, and treatment af26 forded under Federal law to employees and former
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1 employees of the Government and former spouses of

2 such persons.

3 (b) MILITARY PERSONNEL MATTERS TO BE RE4 VIEWED.—In the case of members and former members

5 of the uniformed services and former spouses of such per6 sons, the review under subsection (a) shall include the fol7 lowing:

8 (1) All provisions of law (principally those origi9 nally enacted in the Uniformed Services Former

10 Spouses’ Protection Act (title X of Public Law 97–

11 252)) that—

12 (A) establish, provide for the enforcement

13 of, or otherwise protect interests of members

14 and former members of the uniformed services

15 and former spouses of such persons in retired

16 or retainer pay of members and former mem17 bers; or

18 (B) provide other benefits for members

19 and former members of the uniformed services

20 and former spouses of such persons.

21 (2) The experience of the uniformed services in

22 administering those provisions of law, including the

23 adequacy and effectiveness of the legal assistance

24 provided by the Department of Defense in matters
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1 related to the Uniformed Services Former Spouses’

2 Protection Act.

3 (3) The experience of members and former

4 members of the uniformed services and former

5 spouses of such persons in the administration of

6 those provisions of law.

7 (4) The experience of members and former

8 members of the uniformed services and former

9 spouses of such persons in the application of those

10 provisions of law by State courts.

11 (5) The history of State statutes and State

12 court interpretations of the Uniformed Services

13 Former Spouses’ Protection Act and other provi14 sions of Federal law described in paragraph (1)(A)

15 and the extent to which those interpretations follow

16 those laws.

17 (c) CIVILIAN PERSONNEL MATTERS TO BE RE18 VIEWED.—In the case of former spouses of employees and

19 former employees of the Government, the review under

20 subsection (a) shall include the following:

21 (1) All provisions of law that—

22 (A) establish, provide for the enforcement

23 of, or otherwise protect interests of employees

24 and former employees of the Government and

25 former spouses of such persons in annuities of
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1 employees and former employees under Federal

2 employees’ retirement systems; or

3 (B) provide other benefits for employees

4 and former employees of the Government and

5 former spouses of such persons.

6 (2) The experience of the Office of Personnel

7 Management and other agencies of the Government

8 in administering those provisions of law.

9 (3) The experience of employees and former

10 employees of the Government and former spouses of

11 such persons in the administration of those provi12 sions of law.

13 (4) The experience of employees and former

14 employees of the Government and former spouses of

15 such persons in the application of those provisions of

16 law by State courts.

17 (d) SAMPLING AUTHORIZED.—The Secretary may

18 use sampling in carrying out the review under this section.

19 (e) REPORT.—Not later than September 30, 1999,

20 the Secretary shall submit to the Committee on Armed

21 Services of the Senate and the Committee on National Se22 curity of the House of Representatives a report on the re23 sults of the review under subsection (a). The report shall

24 include any recommendations for legislation that the Sec25 retary considers appropriate.
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1 SEC. 144. ANNUITIES FOR CERTAIN MILITARY SURVIVING

2 SPOUSES.

3 (a) SURVIVOR ANNUITY.—(1) The Secretary con4 cerned shall pay an annuity to the qualified surviving

5 spouse of each member of the uniformed services who—

6 (A) died before March 21, 1974, and was enti7 tled to retired or retainer pay on the date of death;

8 or

9 (B) was a member of a reserve component of

10 the Armed Forces during the period beginning on

11 September 21, 1972, and ending on October 1,

12 1978, and at the time of his death would have been

13 entitled to retired pay under chapter 67 of title 10,

14 United States Code (as in effect before December

15 1, 1994), but for the fact that he was under 60

16 years of age.

17 (2) A qualified surviving spouse for purposes of this

18 section is a surviving spouse who has not remarried and

19 who is not eligible for an annuity under section 4 of Public

20 Law 92–425 (10 U.S.C. 1448 note).

21 (b) AMOUNT OF ANNUITY.—(1) An annuity under

22 this section shall be paid at the rate of $165 per month,

23 as adjusted from time to time under paragraph (3).

24 (2) An annuity paid to a surviving spouse under this

25 section shall be reduced by the amount of any dependency

26 and indemnity compensation (DIC) to which the surviving
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1 spouse is entitled under section 1311(a) of title 38, United

2 States Code.

3 (3) Whenever after the date of the enactment of this

4 Act retired or retainer pay is increased under section

5 1401a(b)(2) of title 10, United States Code, each annuity

6 that is payable under this section shall be increased at

7 the same time and by the same total percent. The amount

8 of the increase shall be based on the amount of the month9 ly annuity payable before any reduction under this section.

10 (c) APPLICATION REQUIRED.—No benefit shall be

11 paid to any person under this section unless an application

12 for such benefit is filed with the Secretary concerned by

13 or on behalf of such person.

14 (d) DEFINITIONS.—For purposes of this section:

15 (1) The terms ‘‘uniformed services’’ and ‘‘Sec16 retary concerned’’ have the meanings given such

17 terms in section 101 of title 37, United States Code.

18 (2) The term ‘‘surviving spouse’’ has the mean19 ing given the terms ‘‘widow’’ and ‘‘widower’’ in para20 graphs (3) and (4) of section 1447 of title 10, Unit21 ed States Code.

22 (e) PROSPECTIVE APPLICABILITY.—(1) Annuities

23 under this section shall be paid for months beginning after

24 the month in which this Act is enacted.
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1 (2) No benefit shall accrue to any person by reason

2 of the enactment of this section for any period before the

3 first month that begins after the month in which this Act

4 is enacted.

5 (f) EXPIRATION OF AUTHORITY.—The authority to

6 pay annuities under this section shall expire on September

7 30, 2001.

8 SEC. 145. ADMINISTRATION OF BENEFITS FOR SO-CALLED

9 MINIMUM INCOME WIDOWS.

10 (a) PAYMENTS TO BE MADE BY SECRETARY OF VET11 ERANS AFFAIRS.—Section 653(d) of the National Defense

12 Authorization Act, Fiscal Year 1989 (10 U.S.C. 1448

13 note) is amended—

14 (1) by inserting ‘‘(1)’’ before ‘‘An annuity’’ the

15 first place it appears; and

16 (2) by adding at the end the following new

17 paragraph:

18 ‘‘(2) Payment of annuities under this section shall be

19 made by the Secretary of Veterans Affairs. In making

20 such payments, the Secretary shall combine the payment

21 under this section with the payment of any amount due

22 the same person under section 4 of Public Law 92–425

23 (10 U.S.C. 1448 note), as provided in subsection (e)(1)

24 of that section. The Secretary concerned shall transfer

25 amounts for payments under this section to the Secretary
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1 of Veterans Affairs in the same manner as is provided

2 under subsection (e)(2) of section 4 of Public Law 92–

3 425 for payments under that section.’’.

4 (b) COMBINATION WITH OTHER BENEFITS.—Sec5 tion 4(e)(1) of Public Law 92–425 (10 U.S.C. 1448 note)

6 is amended—

7 (1) by inserting after the first sentence the fol8 lowing new sentence: ‘‘In making such payments, the

9 Secretary shall combine with the payment under this

10 section payment of any amount due the same person

11 under section 653(d) of the National Defense Au12 thorization Act, Fiscal Year 1989 (10 U.S.C. 1448

13 note).’’; and

14 (2) by inserting ‘‘(and, if applicable, under sec15 tion 653(d) of the National Defense Authorization

16 Act, Fiscal Year 1989)’’ after ‘‘under this section’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 this section take effect on the first day of the first month

19 beginning after the date of the enactment of this Act and

20 shall apply with respect to payments of benefits for

21 months beginning on or after that date, except that the

22 Secretary of Veterans Affairs may provide, if necessary

23 for administrative implementation, that such amendments

24 shall apply beginning with a later month, not later than
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1 the first month beginning more than 180 days after the

2 date of the enactment of this Act.

3 Subtitle E—Other Matters

4 SEC. 151. LOAN REPAYMENT PROGRAM FOR COMMIS5 SIONED OFFICERS IN CERTAIN HEALTH PRO6 FESSIONS.

7 (a) Chapter 109 of title 10, United States Code, is

8 amended by adding at the end the following new section:

9 ‘‘§ 2173. Education loan repayment program: commis10 sioned officers in specified health profes11 sions

12 ‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—

13 For the purpose of maintaining adequate numbers of com14 missioned officers of the armed forces on active duty who

15 are qualified in the various health professions, the Sec16 retary of a military department may repay, in the case

17 of a person described in subsection (b), a loan that—

18 ‘‘(1) was used by the person to finance edu19 cation regarding a health profession; and

20 ‘‘(2) was obtained from a governmental entity,

21 private financial institution, school, or other author22 ized entity.

23 ‘‘(b) ELIGIBLE PERSONS.—To be eligible to obtain

24 a loan repayment under this section, a person must—
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1 ‘‘(1) satisfy one of the requirements specified in

2 subsection (c);

3 ‘‘(2) be fully qualified for, or hold, an appoint4 ment as a commissioned officer in one of the health

5 professions; and

6 ‘‘(3) sign a written agreement to serve on active

7 duty, or, if on active duty, to remain on active duty

8 for a period in addition to any other incurred active

9 duty obligation.

10 ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE11 MENTS.—One of the following academic requirements

12 must be satisfied for purposes of determining the eligi13 bility of a person for a loan repayment under this section:

14 ‘‘(1) The person is fully qualified in a health

15 care profession that the Secretary of the military de16 partment concerned has determined to be necessary

17 to meet identified skill shortages.

18 ‘‘(2) The person is enrolled as a full-time stu19 dent in the final year of a course of study at an ac20 credited educational institution leading to a degree

21 in a health profession other than medicine or osteo22 pathic medicine.

23 ‘‘(3) The person is enrolled in the final year of

24 an approved graduate program leading to specialty
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1 qualification in medicine, dentistry, osteopathic med2 icine, or other health profession.

3 ‘‘(d) CERTAIN PERSONS INELIGIBLE.—Participants

4 of the Armed Forces Health Professions Scholarship and

5 Financial Assistance program under subchapter I of chap6 ter 105 of this title and students of the Uniformed Serv7 ices University of the Health Sciences established under

8 section 2112 of this title are not eligible for the repayment

9 of an education loan under this section.

10 ‘‘(e) LOAN REPAYMENTS.—(1) Subject to the limits

11 established by paragraph (2), a loan repayment under this

12 section may consist of payment of the principal, interest,

13 and related expenses of a loan obtained by a person de14 scribed in subsection (b) for—

15 ‘‘(A) all educational expenses, comparable to all

16 educational expenses recognized under section

17 2127(a) of this title for participants in the Armed

18 Forces Health Professions Scholarship and Finan19 cial Assistance program; and

20 ‘‘(B) reasonable living expenses, not to exceed

21 expenses comparable to the stipend paid under sec22 tion 2121(d) of this title for participants in the

23 Armed Forces Health Professions Scholarship and

24 Financial Assistance program.
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1 ‘‘(2) For each year of obligated service that a person

2 agrees to serve in an agreement described in subsection

3 (b)(3), the Secretary of the military department concerned

4 may pay not more than $22,000 on behalf of the person.

5 This maximum amount shall be increased annually by the

6 Secretary of Defense effective October 1 of each year by

7 the percentage equal to the percent increase in the average

8 annual cost of educational expenses and stipend costs of

9 a single scholarship under the Armed Forces Health Pro10 fessions Scholarship and Financial Assistance program.

11 The total amount that may be repaid on behalf of any

12 person may not exceed an amount determined on the basis

13 of a four-year active duty service obligation.

14 ‘‘(f) ACTIVE DUTY SERVICE OBLIGATION.—(1) A

15 person entering into an agreement described in subsection

16 (b)(3) incurs an active duty service obligation. The length

17 of this obligation shall be determined under regulations

18 prescribed by the Secretary of Defense, but those regula19 tions may not provide for a period of obligation of less

20 than one year for each maximum annual amount, or por21 tion thereof, paid on behalf of the person for qualified

22 loans.

23 ‘‘(2) For persons on active duty before entering into

24 the agreement, the active duty service obligation shall be
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1 served consecutively to any other obligation incurred

2 under the agreement.

3 ‘‘(g) EFFECT OF FAILURE TO COMPLETE OBLIGA4 TION.—A commissioned officer who is relieved of the offi5 cer’s active duty obligation under this section before the

6 completion of that obligation may be given, with or with7 out the consent of the officer, any alternative obligation

8 comparable to any of the alternative obligations authorized

9 by section 2123(e) of this title for participants in the

10 Armed Forces Health Professions Scholarship and Finan11 cial Assistance program.

12 ‘‘(h) REGULATIONS.—The Secretary of Defense shall

13 prescribe regulations to carry out this section, including

14 standards for qualified loans and authorized payees and

15 other terms and conditions for the making of loan repay16 ments.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of such chapter is amended by adding

19 at the end the following new item:

‘‘2173. Education loan repayment program: commissioned officers in specified

health professions.’’.
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1 SEC. 152. CONFORMANCE OF NOAA COMMISSIONED OFFI2 CERS SEPARATION PAY TO SEPARATION PAY

3 FOR MEMBERS OF OTHER UNIFORMED SERV4 ICES.

5 (a) ELIMINATION OF LIMITATIONS ON AMOUNT OF

6 SEPARATION PAY.—Section 9 of the Coast and Geodetic

7 Survey Commissioned Officers’ Act of 1948 (33 U.S.C.

8 853h) is amended—

9 (1) in subsection (b)(1), by striking out ‘‘, or

10 $30,000, whichever is less’’;

11 (2) in subsection (b)(2), by striking out ‘‘, but

12 in no event more than $15,000’’; and

13 (3) in subsection (d), by striking out ‘‘(1)’’, and

14 by striking out paragraph (2).

15 (b) WAIVER OF RECOUPMENT OF AMOUNTS WITH16 HELD FOR TAX PURPOSES FROM CERTAIN SEPARATION

17 PAY.—Section 9(e)(2) of the Coast and Geodetic Survey

18 Commissioned Officers’ Act of 1948 (33 U.S.C.

19 853h(e)(2)) is amended in the first sentence by inserting

20 before the period at the end the following: ‘‘, less the

21 amount of Federal income tax withheld from such pay

22 (such withholding being at the flat withholding rate for

23 Federal income tax withholding, as in effect pursuant to

24 regulations prescribed under chapter 24 of the Internal

25 Revenue Code of 1986)’’.
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1 (c) EFFECTIVE DATE AND APPLICATION.—The

2 amendments made by this section shall take effect as of

3 October 1, 1997, and shall apply to payments of separa4 tion pay that are made after September 30, 1997.

5 SEC. 153. ELIGIBILITY OF PUBLIC HEALTH SERVICE OFFI6 CERS AND NOAA COMMISSIONED CORPS OF7 FICERS FOR REIMBURSEMENT OF ADOPTION

8 EXPENSES.

9 (a) PUBLIC HEALTH SERVICE.—Section 221(a) of

10 the Public Health Service Act (42 U.S.C. 213a(a)) is

11 amended by adding at the end the following new para12 graph:

13 ‘‘(16) Section 1052, Reimbursement for adop14 tion expenses.’’.

15 (b) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN16 ISTRATION.—Section 3(a) of the Act of August 10, 1956

17 (33 U.S.C. 857a(a)), is amended by adding at the end the

18 following new paragraph:

19 ‘‘(16) Section 1052, Reimbursement for adop20 tion expenses.’’.

21 (c) PROSPECTIVE APPLICABILITY.—The amendments

22 made by this section shall apply only to adoptions that

23 are completed on or after the date of the enactment of

24 this Act.
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1 SEC. 154. PAYMENT OF BACK QUARTERS AND SUBSISTENCE

2 ALLOWANCES TO WORLD WAR II VETERANS

3 WHO SERVED AS GUERRILLA FIGHTERS IN

4 THE PHILIPPINES.

5 (a) IN GENERAL.—The Secretary of the military de6 partment concerned shall pay, upon request, to an individ7 ual described in subsection (b) the amount determined

8 with respect to that individual under subsection (c).

9 (b) COVERED INDIVIDUALS.—A payment under sub10 section (a) shall be made to any individual who as a mem11 ber of the Armed Forces during World War II—

12 (1) was captured within the territory of the

13 Philippines by Japanese forces;

14 (2) escaped from captivity; and

15 (3) served as a guerrilla fighter in the Phil16 ippines during the period from January 1942

17 through February 1945.

18 (c) AMOUNT TO BE PAID.—The amount of a pay19 ment under subsection (a) shall be the amount of quarters

20 and subsistence allowance which accrued to an individual

21 described in subsection (b) during the period specified in

22 paragraph (3) of subsection (b) and which was not paid

23 to that individual. For the purposes of this subsection, the

24 Secretary of War shall be deemed to have determined that

25 conditions in the Philippines during the specified period

26 justified payment under applicable regulations of quarters
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1 and subsistence allowances at the maximum special rate

2 for duty where emergency conditions existed. The Sec3 retary shall apply interest compounded at the three-month

4 Treasury bill rate.

5 (d) PAYMENT TO SURVIVORS.—In the case of any in6 dividual described in subsection (b) who is deceased, pay7 ment under this section with respect to that individual

8 shall be made to that individual’s nearest surviving rel9 ative, as determined by the Secretary concerned.

10 SEC. 155. SUBSISTENCE OF MEMBERS OF THE ARMED

11 FORCES ABOVE THE POVERTY LEVEL.

12 (a) STUDY AND REPORT.—(1) The Secretary of De13 fense shall conduct a study of members of the Armed

14 Forces and their families who subsist at, near, or below

15 the poverty level. The study shall include the following:

16 (A) An analysis of potential solutions for ensur17 ing that members of the Armed Forces and their

18 families do not have to subsist at, near, or below the

19 poverty level, including potential solutions involving

20 changes in the system of allowances for members.

21 (B) Identification of the military populations

22 most likely to need income support under Federal

23 Government programs, including—
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1 (i) the populations living in areas of the

2 United States where housing costs are notably

3 high;

4 (ii) the populations living outside the Unit5 ed States; and

6 (iii) the number of persons in each identi7 fied population.

8 (C) The desirability of increasing rates of basic

9 pay and allowances for members over a defined pe10 riod of years by a range of percentages that provides

11 for higher percentage increases for lower ranking

12 members than for higher ranking members.

13 (2) Not later than 180 days after the date of the en14 actment of this Act, the Secretary of Defense shall submit

15 to Congress a report containing the results of the study

16 and such recommendations as the Secretary considers to

17 be appropriate.

18 (b) IMPLEMENTATION OF DEPARTMENT OF DE19 FENSE SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR

20 PERSONNEL OUTSIDE THE UNITED STATES.—(1) Sub21 section (b) of section 1060a of title 10, United States

22 Code, is amended to read as follows:

23 ‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For

24 the purpose of obtaining Federal payments and commod25 ities in order to carry out the program referred to in sub-
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1 section (a), the Secretary of Agriculture shall make avail2 able to the Secretary of Defense the same payments and

3 commodities as are made for the special supplemental food

4 program in the United States under section 17 of the

5 Child Nutrition Act of 1966 (42 U.S.C. 1786). The Sec6 retary of Defense may use funds available for the Depart7 ment of Defense to carry out the program under sub8 section (a).’’.

9 (2) Not later than 90 days after the date of the enact10 ment of this Act, the Secretary of Defense shall submit

11 to Congress a report regarding the intentions of the Sec12 retary regarding implementation of the program author13 ized under section 1060a of title 10, United States Code,

14 including any plans to implement the program.

15 TITLE II—HEALTH CARE

16 PROVISIONS

17 Subtitle A—Health Care Services

18 SEC. 201. EXPANSION OF RETIREE DENTAL INSURANCE

19 PLAN TO INCLUDE SURVIVING SPOUSE AND

20 CHILD DEPENDENTS OF CERTAIN DECEASED

21 MEMBERS.

22 Section 1076c(b)(4) of title 10, United States Code,

23 is amended—

24 (1) in subparagraph (A)—
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1 (A) by striking out ‘‘dies’’ and inserting in

2 lieu thereof ‘‘died’’; and

3 (B) by striking out ‘‘or’’ at the end of the

4 subparagraph;

5 (2) by striking out the period at the end of sub6 paragraph (B) and inserting in lieu thereof ‘‘; or’’;

7 and

8 (3) by adding at the end the following new sub9 paragraph:

10 ‘‘(C) who died while on active duty for a

11 period of more than 30 days and whose eligible

12 dependents are not eligible, or no longer eligi13 ble, for dental benefits under section 1076a of

14 this title pursuant to subsection (i)(2) of such

15 section.’’.

16 SEC. 202. PROVISION OF PROSTHETIC DEVICES TO COV17 ERED BENEFICIARIES.

18 (a) INCLUSION AMONG AUTHORIZED CARE.—Sub19 section (a) of section 1077 of title 10, United States Code,

20 is amended by adding at the end the following new para21 graph:

22 ‘‘(15) Prosthetic devices, as determined by the

23 Secretary of Defense to be necessary because of sig24 nificant conditions resulting from trauma, congenital

25 anomalies, or disease.’’.
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1 (b) CONFORMING AMENDMENT.—Subsection (b) of

2 such section is amended by striking out paragraph (2) and

3 inserting in lieu thereof the following new paragraph:

4 ‘‘(2) Hearing aids, orthopedic footwear, and

5 spectacles, except that, outside of the United States

6 and at stations inside the United States where ade7 quate civilian facilities are unavailable, such items

8 may be sold to dependents at cost to the United

9 States.’’.

10 SEC. 203. STUDY CONCERNING THE PROVISION OF COM11 PARATIVE INFORMATION.

12 (a) STUDY.—The Secretary of Defense shall conduct

13 a study concerning the provision of the information de14 scribed in subsection (b) to beneficiaries under the

15 TRICARE program established under the authority of

16 chapter 55 of title 10, United States Code, and prepare

17 and submit to Congress a report concerning such study.

18 (b) PROVISION OF COMPARATIVE INFORMATION.—

19 Information described in this subsection, with respect to

20 a managed care entity that contracts with the Secretary

21 of Defense to provide medical assistance under the pro22 gram described in subsection (a), shall include the follow23 ing:

24 (1) The benefits covered by the entity involved,

25 including—
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1 (A) covered items and services beyond

2 those provided under a traditional fee-for-serv3 ice program;

4 (B) any beneficiary cost sharing; and

5 (C) any maximum limitations on out-of6 pocket expenses.

7 (2) The net monthly premium, if any, under the

8 entity.

9 (3) The service area of the entity.

10 (4) To the extent available, quality and per11 formance indicators for the benefits under the entity

12 (and how they compare to such indicators under the

13 traditional fee-for-service programs in the area in14 volved), including—

15 (A) disenrollment rates for enrollees elect16 ing to receive benefits through the entity for the

17 previous two years (excluding disenrollment due

18 to death or moving outside the service area of

19 the entity);

20 (B) information on enrollee satisfaction;

21 (C) information on health process and out22 comes;

23 (D) grievance procedures;

24 (E) the extent to which an enrollee may se25 lect the health care provider of their choice, in-
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1 cluding health care providers within the net2 work of the entity and out-of-network health

3 care providers (if the entity covers out-of-net4 work items and services); and

5 (F) an indication of enrollee exposure to

6 balance billing and the restrictions on coverage

7 of items and services provided to such enrollee

8 by an out-of-network health care provider.

9 (5) Whether the entity offers optional supple10 mental benefits and the terms and conditions (in11 cluding premiums) for such coverage.

12 (6) An overall summary description as to the

13 method of compensation of participating physicians.

14 Subtitle B—Tricare Program

15 SEC. 211. ADDITION OF DEFINITION OF TRICARE PROGRAM

16 TO TITLE 10.

17 Section 1072 of title 10, United States Code, is

18 amended by adding at the end the following new para19 graph:

20 ‘‘(7) The term ‘TRICARE program’ means the

21 managed health care program that is established by

22 the Department of Defense under the authority of

23 this chapter, principally section 1097 of this title,

24 and includes the competitive selection of contractors

25 to financially underwrite the delivery of health care
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1 services under the Civilian Health and Medical Pro2 gram of the Uniformed Services.’’.

3 SEC. 212. PLAN FOR EXPANSION OF MANAGED CARE OP4 TION OF TRICARE PROGRAM.

5 (a) PLAN FOR EXPANSION OF TRICARE PRIME.—

6 The Secretary of Defense shall prepare a plan for the ex7 pansion of the managed care option of the TRICARE Pro8 gram, known as TRICARE Prime, into areas of the Unit9 ed States located outside of the catchment areas of medi10 cal treatment facilities of the uniformed services, but in

11 which the managed care option is a cost-effective alter12 native because of—

13 (1) the significant number of members of the

14 uniformed services and covered beneficiaries under

15 chapter 55 of title 10, United States Code (including

16 retired members of the Armed Forces and their de17 pendents), who reside in the areas; and

18 (2) the presence in the areas of sufficient non19 military health care provider networks.

20 (b) ALTERNATIVES.—As an alternative to expansion

21 of TRICARE Prime to areas of the United States in which

22 there are few or no nonmilitary health care provider net23 works, the Secretary shall include in the plan required

24 under subsection an evaluation of the feasibility and cost25 effectiveness of providing a member of the Armed Forces
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1 on active duty who is stationed in such an area, or whose

2 dependents reside in such an area, with one or both of

3 the following:

4 (1) A monetary stipend to assist the member in

5 obtaining health care services for the member or the

6 member’s dependents.

7 (2) A reduction in the cost-sharing require8 ments applicable to the TRICARE program options

9 otherwise available to the member to match the re10 duced cost-sharing responsibilities of the managed

11 care option of the TRICARE program.

12 (c) SUBMISSION OF PLAN.—Not later than March 1,

13 1998, the Secretary shall submit to Congress the plan re14 quired under subsection (a).

15 Subtitle C—Uniformed Services

16 Treatment Facilities

17 SEC. 221. IMPLEMENTATION OF DESIGNATED PROVIDER

18 AGREEMENTS FOR UNIFORMED SERVICES

19 TREATMENT FACILITIES.

20 (a) COMMENCEMENT OF HEALTH CARE SERVICES

21 UNDER AGREEMENT.—Subsection (c) of section 722 of

22 the National Defense Authorization Act for Fiscal Year

23 1997 (Public Law 104–201, 10 U.S.C. 1073 note) is

24 amended—
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1 (1) by redesignating paragraphs (1) and (2) as

2 subparagraphs (A) and (B);

3 (2) by inserting ‘‘(1)’’ before ‘‘Unless’’; and

4 (3) by adding at the end the following new

5 paragraph:

6 ‘‘(2) The Secretary may modify the effective date es7 tablished under paragraph (1) for an agreement to permit

8 a transition period of not more than six months between

9 the date on which the agreement is executed by the parties

10 and the date on which the designated provider commences

11 the delivery of health care services under the agreement.’’.

12 (b) TEMPORARY CONTINUATION OF EXISTING PAR13 TICIPATION AGREEMENTS.—Subsection (d) of such sec14 tion is amended by inserting before the period at the end

15 the following: ‘‘, including any transitional period provided

16 by the Secretary under paragraph (2) of such subsection’’.

17 SEC. 222. CONTINUED ACQUISITION OF REDUCED-COST

18 DRUGS.

19 Section 722 of the National Defense Authorization

20 Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.

21 1073 note) is amended by adding at the end the following

22 new subsection:

23 ‘‘(g) CONTINUED ACQUISITION OF REDUCED-COST

24 DRUGS.—A designated provider shall be treated as part

25 of the Department of Defense for purposes of section 8126
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1 of title 38, United States Code, in connection with the pro2 vision by the designated provider of health care services

3 to covered beneficiaries pursuant to the participation

4 agreement of the designated provider under section 718(c)

5 of the National Defense Authorization Act for Fiscal Year

6 1991 (Public Law 101–510; 42 U.S.C. 248c note) or pur7 suant to the agreement entered into under subsection

8 (b).’’.

9 SEC. 223. LIMITATION ON TOTAL PAYMENTS.

10 Section 726(b) of the National Defense Authorization

11 Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.

12 1073 note) is amended by adding at the end the following

13 new sentence: ‘‘In establishing the ceiling rate for enroll14 ees with the designated providers who are also eligible for

15 the Civilian Health and Medical Program of the Uni16 formed Services, the Secretary of Defense shall take into

17 account the health status of the enrollees.’’.
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1 Subtitle D—Other Changes to Ex2 isting Laws Regarding Health

3 Care Management

4 SEC. 231. IMPROVEMENTS IN HEALTH CARE COVERAGE

5 AND ACCESS FOR MEMBERS ASSIGNED TO

6 CERTAIN DUTY LOCATIONS FAR FROM

7 SOURCES OF CARE.

8 (a) SUPPLEMENTAL CARE PROGRAM.—(1) Section

9 1074(c) of title 10, United States Code, is amended—

10 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

11 (B) by adding at the end the following new

12 paragraphs:

13 ‘‘(2)(A) Subject to such exceptions as the Secretary

14 of Defense considers necessary, coverage for medical care

15 for members of the armed forces under this subsection,

16 and standards with respect to timely access to such care,

17 shall be comparable to coverage for medical care and

18 standards for timely access to such care under the man19 aged care option of the TRICARE program known as

20 TRICARE Prime.

21 ‘‘(B) The Secretary of Defense shall enter into ar22 rangements with contractors under the TRICARE pro23 gram or with other appropriate contractors for the timely

24 and efficient processing of claims under this subsection.
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1 ‘‘(3)(A) The Secretary of Defense may not require

2 a member of the armed forces described in subparagraph

3 (B) to receive routine primary medical care at a military

4 medical treatment facility.

5 ‘‘(B) A member referred to in subparagraph (A) is

6 a member of the armed forces on active duty who is enti7 tled to medical care under this subsection and who—

8 ‘‘(i) receives a duty assignment described in

9 subparagraph (C); and

10 ‘‘(ii) pursuant to the assignment of such duty,

11 resides at a location that is more than 50 miles, or

12 approximately one hour of driving time, from the

13 nearest military medical treatment facility adequate

14 to provide the needed care.

15 ‘‘(C) A duty assignment referred to in subparagraph

16 (B) means any of the following:

17 ‘‘(i) Permanent duty as a recruiter.

18 ‘‘(ii) Permanent duty at an educational institu19 tion to instruct, administer a program of instruction,

20 or provide administrative services in support of a

21 program of instruction for the Reserve Officers’

22 Training Corps.

23 ‘‘(iii) Permanent duty as a full-time adviser to

24 a unit of a reserve component.
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1 ‘‘(iv) Any other permanent duty designated by

2 the Secretary concerned for purposes of this para3 graph.’’.

4 (2) The amendments made by paragraph (1) shall

5 apply with respect to coverage of medical care for, and

6 the provision of such care to, a member of the Armed

7 Forces under section 1074(c) of title 10, United States

8 Code, on and after the later of the following:

9 (A) April 1, 1998.

10 (B) The date on which the TRICARE program

11 is in place in the service area of the member.

12 (b) TEMPORARY AUTHORITY FOR MANAGED CARE

13 EXPANSION TO MEMBERS ON ACTIVE DUTY AT CERTAIN

14 REMOTE LOCATIONS.—(1) A member of the Armed

15 Forces described in subsection (c) is entitled to receive

16 care under the Civilian Health and Medical Program of

17 the Uniformed Services. In connection with such care, the

18 Secretary of Defense shall waive the obligation of the

19 member to pay a deductible, copayment, or annual fee that

20 would otherwise be applicable under that program for care

21 provided to the members under the program.

22 (2) A member who is entitled under paragraph (1)

23 to receive health care services under CHAMPUS shall re24 ceive such care from a network provider under the
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1 TRICARE program if such a provider is available in the

2 service area of the member.

3 (3) Paragraph (1) shall take effect on the date of the

4 enactment of this Act and shall expire with respect to a

5 member upon the later of the following:

6 (A) The date that is one year after the date of

7 the enactment of this Act.

8 (B) The date on which the amendments made

9 by subsection (a) apply with respect to the coverage

10 of medical care for, and provision of such care to,

11 the member.

12 (c) ELIGIBLE MEMBERS.—A member referred to in

13 subsection (b) is a member of the Armed Forces on active

14 duty who—

15 (1) receives a duty assignment described in sub16 section (d); and

17 (2) pursuant to the assignment of such duty,

18 resides at a location that is more than 50 miles, or

19 approximately one hour of driving time, from—

20 (A) the nearest health care facility of the

21 uniformed services adequate to provide the

22 needed care under chapter 55 of title 10, Unit23 ed States Code; and
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1 (B) the nearest source of the needed care

2 that is available to the member under the

3 TRICARE Prime plan.

4 (d) DUTY ASSIGNMENTS COVERED.—A duty assign5 ment referred to in subsection (c)(1) means any of the

6 following:

7 (1) Permanent duty as a recruiter.

8 (2) Permanent duty at an educational institu9 tion to instruct, administer a program of instruction,

10 or provide administrative services in support of a

11 program of instruction for the Reserve Officers’

12 Training Corps.

13 (3) Permanent duty as a full-time adviser to a

14 unit of a reserve component of the Armed Forces.

15 (4) Any other permanent duty designated by

16 the Secretary concerned for purposes of this sub17 section.

18 (e) PAYMENT OF COSTS.—Deductibles, copayments,

19 and annual fees not payable by a member by reason of

20 a waiver granted under the regulations prescribed pursu21 ant to subsection (b) shall be paid out of funds available

22 to the Department of Defense for the Defense Health Pro23 gram.

24 (f) DEFINITIONS.—In this section:
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1 (1) The term ‘‘TRICARE program’’ has the

2 meaning given that term in section 1072(7) of title

3 10, United States Code.

4 (2) The term ‘‘TRICARE Prime plan’’ means

5 a plan under the TRICARE program that provides

6 for the voluntary enrollment of persons for the re7 ceipt of health care services to be furnished in a

8 manner similar to the manner in which health care

9 services are furnished by health maintenance organi10 zations.

11 SEC. 232. WAIVER OR REDUCTION OF COPAYMENTS UNDER

12 OVERSEAS DENTAL PROGRAM.

13 Section 1076a(h) of title 10, United States Code, is

14 amended—

15 (1) in the first sentence, by striking out ‘‘Sec16 retary’’ and inserting in lieu thereof ‘‘Secretary of

17 Defense’’; and

18 (2) by adding at the end the following new sen19 tence: ‘‘In the case of such an overseas dental plan,

20 the Secretary may waive or reduce the copayments

21 otherwise required by subsection (e) to the extent

22 the Secretary determines appropriate for the effec23 tive and efficient operation of the plan.’’.
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1 SEC. 233. PREMIUM COLLECTION REQUIREMENTS FOR

2 MEDICAL AND DENTAL INSURANCE PRO3 GRAMS; EXTENSION OF DEADLINE FOR IM4 PLEMENTATION OF DENTAL INSURANCE

5 PROGRAM FOR MILITARY RETIREES.

6 (a) PREMIUM COLLECTION FOR SELECTED RESERVE

7 DENTAL INSURANCE.—Paragraph (3) of section 1076b(b)

8 of title 10, United States Code, is amended to read as

9 follows:

10 ‘‘(3) The Secretary of Defense shall establish proce11 dures for the collection of the member’s share of the pre12 mium for coverage by the dental insurance plan. To the

13 maximum extent practicable, a member’s share shall be

14 deducted and withheld from the basic pay payable to the

15 member for inactive duty training or basic pay payable

16 to the member for active duty (if pay is available to the

17 member). Such share shall be used to pay the premium

18 for coverage by the dental insurance plan.’’.

19 (b) PREMIUM COLLECTION FOR RETIREE DENTAL

20 INSURANCE PLAN.—Paragraph (2) of section 1076c(c) of

21 such title is amended to read as follows:

22 ‘‘(2) The Secretary of Defense shall establish proce23 dures for the collection of the premiums charged for cov24 erage by the dental insurance plan. To the maximum ex25 tent practicable, the premiums payable by a member enti26 tled to retired pay shall be deducted and withheld from
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1 the retired pay of the member (if pay is available to the

2 member).’’.

3 (c) REPORT TO CONGRESS.—Not later than March

4 1, 1998, the Secretary of Defense shall submit to Congress

5 a report on the premium collection procedures established

6 pursuant to paragraph (3) of section 1076b(b) of title 10,

7 United States Code, and paragraph (2) of section

8 1076c(c) of such title. The report shall describe the extent

9 to which premium collections are made under such para10 graphs through deductions and withholding from pay.

11 (d) LIMITATION ON IMPLEMENTATION OF ALTER12 NATIVE COLLECTION PROCEDURES.—The Secretary of

13 Defense may not implement procedures for collecting pre14 miums under section 1076b(b)(3) of title 10, United

15 States Code, or section 1076c(c)(2) of such title other

16 than by deductions and withholding from pay until 120

17 days after the date that the Secretary submits a report

18 to Congress describing the justifications for implementing

19 such alternative procedures.

20 (e) EXTENSION OF DEADLINE FOR IMPLEMENTA21 TION OF DENTAL INSURANCE PLAN FOR MILITARY RE22 TIREES.—Section 703(b) of the National Defense Author23 ization Act for Fiscal Year 1997 (Public Law 104–201;

24 110 Stat. 2590) is amended by striking ‘‘October 1, 1997’’

25 and inserting ‘‘April 1, 1998’’.
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1 SEC. 234. DENTAL INSURANCE PLAN COVERAGE FOR RE2 TIREES OF THE PUBLIC HEALTH SERVICE

3 AND NOAA.

4 (a) ELIGIBILITY.—(1) Subsection (a) of section

5 1076c of title 10, United States Code, is amended by

6 striking out ‘‘military retirees’’ and inserting in lieu there7 of ‘‘retirees of the uniformed services’’.

8 (2) Subsection (b)(1) of such section is amended by

9 striking out ‘‘Armed Forces’’ and inserting in lieu thereof

10 ‘‘uniformed services’’.

11 (b) OFFICIALS RESPONSIBLE.—(1) Subsection (a) of

12 such section (as amended by subsection (a)) is further

13 amended by inserting ‘‘, in consultation with the other ad14 ministering Secretaries,’’ after ‘‘Secretary of Defense’’.

15 (2) Subsection (h) of such section is amended by

16 striking out ‘‘Secretary of Transportation’’ and inserting

17 in lieu thereof ‘‘other administering Secretaries’’.

18 SEC. 235. CONSISTENCY BETWEEN CHAMPUS AND MEDI19 CARE IN PAYMENT RATES FOR SERVICES.

20 (a) CONFORMITY BETWEEN RATES.—Section

21 1079(h) of title 10, United States Code, is amended by

22 striking out paragraphs (1), (2), and (3) and inserting in

23 lieu thereof the following new paragraph:

24 ‘‘(1) Except as provided in paragraphs (2) and (3),

25 payment for a charge for services by an individual health

26 care professional (or other noninstitutional health care
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1 provider) for which a claim is submitted under a plan con2 tracted for under subsection (a) shall be equal to an

3 amount determined to be appropriate, to the extent prac4 ticable, in accordance with the same reimbursement rules

5 as apply to payments for similar services under title XVIII

6 of the Social Security Act (42 U.S.C. 1395 et seq.). The

7 Secretary of Defense shall determine the appropriate pay8 ment amount under this paragraph in consultation with

9 the other administering Secretaries.’’.

10 (b) REDUCED RATES AUTHORIZED.—Paragraph (5)

11 of such section is amended by adding at the end the follow12 ing new sentence: ‘‘With the consent of the health care

13 provider, the Secretary is also authorized to reduce the

14 authorized payment for certain health care services below

15 the amount otherwise required by the payment limitations

16 under paragraph (1).’’.

17 (c) CONFORMING AMENDMENTS.—Such section is

18 further amended—

19 (1) in paragraph (5), by striking out ‘‘para20 graph (4), the Secretary’’ and inserting in lieu there21 of ‘‘paragraph (2), the Secretary of Defense’’; and

22 (2) by redesignating paragraphs (4), (5), and

23 (6) as paragraphs (2), (3), and (4), respectively.
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1 SEC. 236. USE OF PERSONAL SERVICES CONTRACTS FOR

2 PROVISION OF HEALTH CARE SERVICES AND

3 LEGAL PROTECTION FOR PROVIDERS.

4 (a) USE OF CONTRACTS OUTSIDE MEDICAL TREAT5 MENT FACILITIES.—Section 1091(a) of title 10, United

6 States Code, is amended—

7 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

8 Defense’’; and

9 (2) by adding at the end the following new

10 paragraph:

11 ‘‘(2) The Secretary of Defense, and the Secretary of

12 Transportation with respect to the Coast Guard when it

13 is not operating as a service in the Navy, may also enter

14 into personal services contracts to carry out other health

15 care responsibilities of the Secretary (such as the provision

16 of medical screening examinations at Military Entrance

17 Processing Stations) at locations outside medical treat18 ment facilities, as determined necessary pursuant to regu19 lations prescribed by the Secretary. The Secretary may

20 not enter into a contract under this paragraph after the

21 end of the one-year period beginning on the date of the

22 enactment of this paragraph.’’.

23 (b) DEFENSE OF SUITS.—Section 1089 of such title

24 is amended—

25 (1) in subsection (a), by adding at the end the

26 following new sentence: ‘‘This subsection shall also
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1 apply if the physician, dentist, nurse, pharmacist, or

2 paramedical or other supporting personnel (or the

3 estate of such person) involved is serving under a

4 personal services contract entered into under section

5 1091 of this title.’’; and

6 (2) in subsection (f)—

7 (A) by inserting ‘‘(1)’’ after ‘‘(f)’’; and

8 (B) by adding at the end the following new

9 paragraph:

10 ‘‘(2) With respect to the Secretary of Defense and

11 the Armed Forces Retirement Home Board, the authority

12 provided by paragraph (1) also includes the authority to

13 provide for reasonable attorney’s fees for persons de14 scribed in subsection (a), as determined necessary pursu15 ant to regulations prescribed by the head of the agency

16 concerned.’’.

17 (c) REPORT.—Not later than March 31, 1998, the

18 Secretary of Defense shall submit to Congress a report

19 on the feasible alternative means for performing the medi20 cal screening examinations that are routinely performed

21 at Military Entrance Processing Stations. The report shall

22 contain a discussion of the feasibility and cost of the use

23 of—

24 (1) the TRICARE system for the performance

25 of the examinations; and
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1 (2) each other alternative identified in the re2 port.

3 SEC. 237. PORTABILITY OF STATE LICENSES FOR DEPART4 MENT OF DEFENSE HEALTH CARE PROFES5 SIONALS.

6 Section 1094 of title 10, United States Code, is

7 amended—

8 (1) by redesignating subsection (d) as sub9 section (e); and

10 (2) by inserting after subsection (c) the follow11 ing new subsection:

12 ‘‘(d)(1) Notwithstanding any law regarding the licen13 sure of health care providers, a health-care professional

14 described in paragraph (2) may practice the health profes15 sion or professions of the health-care professional in any

16 State, the District of Columbia, or a Commonwealth, terri17 tory, or possession of the United States, regardless of

18 whether the practice occurs in a health care facility of the

19 Department of Defense, a civilian facility affiliated with

20 the Department of Defense, or any other location author21 ized by the Secretary of Defense .

22 ‘‘(2) A health-care professional referred to in para23 graph (1) is a member of the armed forces who—
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1 ‘‘(A) has a current license to practice medicine,

2 osteopathic medicine, dentistry, or another health

3 profession; and

4 ‘‘(B) is performing authorized duties for the

5 Department of Defense.’’.

6 SEC. 238. STANDARD FORM AND REQUIREMENTS REGARD7 ING CLAIMS FOR PAYMENT FOR SERVICES.

8 (a) CLARIFICATION OF EXISTING REQUIREMENTS.—

9 Section 1106 of title 10, United States Code, is amended

10 to read as follows:

11 ‘‘§ 1106. Submittal of claims: standard form; time lim12 its

13 ‘‘(a) STANDARD FORM.—The Secretary of Defense,

14 after consultation with the other administering Secretar15 ies, shall prescribe by regulation a standard form for the

16 submission of claims for the payment of health care serv17 ices provided under this chapter.

18 ‘‘(b) TIME FOR SUBMISSION.—A claim for payment

19 for services provided under this chapter shall be submitted

20 as provided in such regulations not later than one year

21 after the services are provided.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of chapter 55 of title 10, United States

24 Code, is amended by striking out the item relating to sec-
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1 tion 1106 and inserting in lieu thereof the following new

2 item:

‘‘1106. Submittal of claims: standard form; time limits.’’.

3 SEC. 239. CHIROPRACTIC HEALTH CARE DEMONSTRATION

4 PROGRAM.

5 (a) TWO-YEAR EXTENSION.—Subsection (b) of sec6 tion 731 of the National Defense Authorization Act for

7 Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1092

8 note) is amended by striking out ‘‘1997’’ and inserting

9 in lieu thereof ‘‘1999’’.

10 (b) EXPANSION TO AT LEAST THREE ADDITIONAL

11 TREATMENT FACILITIES.—Subsection (a)(2)(A) of such

12 section is amended by striking out ‘‘not less than 10’’ and

13 inserting in lieu thereof ‘‘the National Naval Medical Cen14 ter, the Walter Reed Army Medical Center, and not less

15 than 11 other’’.

16 (c) REPORTS.—Subsection (c) of such section is

17 amended—

18 (1) by striking paragraph (3); and

19 (2) by adding at the end the following new

20 paragraphs:

21 ‘‘(3) Not later than January 30, 1998, the Secretary

22 of Defense shall submit to the Committee on Armed Serv23 ices of the Senate and the Committee on National Security

24 of the House of Representatives a report that identifies

25 the additional treatment facilities designated to furnish
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1 chiropractic care under the program that were not so des2 ignated before the report required by paragraph (1) was

3 prepared, together with the plan for the conduct of the

4 program at the additional treatment facilities.

5 ‘‘(4) Not later than May 1, 1998, the Secretary of

6 Defense shall modify the plan for evaluating the program

7 submitted pursuant to paragraph (2) in order to provide

8 for the evaluation of the program at all of the designated

9 treatment facilities under the program, including the

10 treatment facilities referred to in paragraph (3).

11 ‘‘(5) Not later than May 1, 2000, the Secretary shall

12 submit to the committees referred to in paragraph (3) a

13 final report in accordance with the plan submitted pursu14 ant to paragraph (2).’’.

15 Subtitle E—Other Matters

16 SEC. 241. CONTINUED ADMISSION OF CIVILIANS AS STU17 DENTS IN PHYSICIAN ASSISTANT TRAINING

18 PROGRAM OF ARMY MEDICAL DEPARTMENT.

19 (a) CIVILIAN ATTENDANCE.—(1) Chapter 407 of title

20 10, United States Code, is amended by adding at the end

21 the following new section:
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1 ‘‘§ 4416. Academy of Health Sciences: admission of ci2 vilians in physician assistant training

3 program

4 ‘‘(a) IN GENERAL.—The Secretary of the Army may,

5 pursuant to an agreement entered into with an accredited

6 institution of higher education—

7 ‘‘(1) permit students of the institution to attend

8 the didactic portion of the physician assistant train9 ing program conducted by the Army Medical De10 partment at the Academy of Health Sciences at Fort

11 Sam Houston, Texas; and

12 ‘‘(2) accept from the institution academic serv13 ices to support the physician assistant training pro14 gram at the Academy.

15 ‘‘(b) AGREEMENT FOR EXCHANGE OF SERVICES.—

16 An agreement entered into with an institution of higher

17 education under this section shall require the institution,

18 in exchange for services provided under paragraph (1) of

19 subsection (a), to provide academic services described in

20 paragraph (2) of such subsection that the Secretary and

21 authorized representatives of the institution consider ap22 propriate.

23 ‘‘(c) SELECTION OF STUDENTS.—In consultation

24 with the authorized representatives of the institution of

25 higher education concerned, the Secretary shall prescribe

26 the qualifications and methods of selection for students
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1 of the institution to receive instruction at the Academy

2 under this section. The qualifications shall be comparable

3 to those generally required for admission to the physician

4 assistant training program at the Academy.

5 ‘‘(d) RULES OF ATTENDANCE.—Except as the Sec6 retary determines necessary, a student who receives in7 struction at the Academy under this section shall be sub8 ject to the same regulations governing attendance, dis9 cipline, discharge, and dismissal as apply to other persons

10 attending the Academy.

11 ‘‘(e) LIMITATIONS.—The Secretary shall ensure the

12 following:

13 ‘‘(1) That the Army Medical Department, in

14 carrying out an agreement under this section, does

15 not incur costs in excess of the costs that the de16 partment would incur to obtain, by means other

17 than the agreement, academic services that are com18 parable to those provided by the institution pursuant

19 to the agreement.

20 ‘‘(2) That attendance of civilian students at the

21 Academy under this section does not cause a de22 crease in the number of members of the armed

23 forces enrolled in the physician assistant training

24 program at the Academy.
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1 ‘‘(f) ANNUAL REPORT.—(1) Each year, the Secretary

2 shall submit to Congress a report on the exchange of serv3 ices under this section during the year. The report shall

4 contain the following:

5 ‘‘(A) The number of civilian students who re6 ceive instruction at the Academy under this section.

7 ‘‘(B) An assessment of the benefits derived by

8 the United States.

9 ‘‘(2) Reports are required under paragraph (1) only

10 for years during which an agreement is in effect under

11 this section.’’.

12 (2) The table of sections at the beginning of such

13 chapter is amended by adding at the end the following

14 new item:

‘‘4416. Academy of Health Sciences: admission of civilians in physician assistant

training program.’’.

15 (b) EFFECT ON EXISTING DEMONSTRATION PRO16 GRAM.—An agreement entered into under the demonstra17 tion program for the admission of civilians as physician

18 assistant students at the Academy of Health Sciences,

19 Fort Sam Houston, Texas, established pursuant to section

20 732 of the National Defense Authorization Act for Fiscal

21 Year 1995 (Public Law 103–337; 108 Stat. 2810) shall

22 be treated as an agreement entered into under section

23 4416 of title 10, United States Code (as added by sub24 section (a)). The agreement may be extended in such man-
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1 ner and for such period as the parties to the agreement

2 consider appropriate consistent with section 4416.

3 SEC. 242. PAYMENT FOR EMERGENCY HEALTH CARE OVER4 SEAS FOR MILITARY AND CIVILIAN PERSON5 NEL OF THE ON-SITE INSPECTION AGENCY.

6 (a) PAYMENT OF COSTS.—The Secretary of Defense

7 may pay the costs of any emergency health care that—

8 (1) is needed by a member of the Armed

9 Forces, civilian employee of the Department of De10 fense, or civilian employee of a contractor operating

11 under a contract with the Department of Defense

12 while the member or employee is performing tem13 porary or permanent duty with the On-Site Inspec14 tion Agency outside the United States; and

15 (2) is furnished to such person during fiscal

16 year 1998 by a source outside the United States.

17 (b) FUNDING.—Funds authorized to be appropriated

18 for the expenses of the On-Site Inspection Agency for fis19 cal year 1998 by this Act shall be available to cover pay20 ments for emergency health care provided under sub21 section (a).
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1 SEC. 243. AUTHORITY FOR AGREEMENT FOR USE OF MEDI2 CAL RESOURCE FACILITY, ALAMOGORDO,

3 NEW MEXICO.

4 (a) AUTHORITY.—(1) The Secretary of the Air Force

5 may enter into an agreement with Gerald Champion Hos6 pital, Alamogordo, New Mexico, under which the Secretary

7 may furnish health care services to eligible individuals in

8 a medical resource facility in Alamogordo, New Mexico,

9 that is constructed and equipped, in part, using funds pro10 vided by the Secretary under the agreement.

11 (2) For purposes of this section:

12 (A) The term ‘‘eligible individual’’ means any

13 individual eligible for medical and dental care under

14 chapter 55 of title 10, United States Code, including

15 any member of the uniformed services entitled to

16 such care under section 1074(a) of that title.

17 (B) The terms ‘‘medical resource facility’’ and

18 ‘‘facility’’ mean the medical resource facility to be

19 constructed and equipped pursuant to the agreement

20 authorized by paragraph (1).

21 (C) The term ‘‘Hospital’’ means Gerald Cham22 pion Hospital, Alamogordo, New Mexico.

23 (b) CONTENT OF AGREEMENT.—Any agreement en24 tered into under subsection (a) shall specify, at a mini25 mum, the following:
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1 (1) The relationship between the Hospital and

2 the Secretary of the Air Force in the provision of

3 health care services to eligible individuals in the

4 medical resource facility, including—

5 (A) whether or not the Secretary and the

6 Hospital are to use and administer the facility

7 jointly or independently; and

8 (B) under what circumstances the Hospital

9 is to act as a provider of health care services

10 under the managed care option of the

11 TRICARE program known as TRICARE

12 Prime.

13 (2) Matters relating to the administration of

14 the agreement, including—

15 (A) the duration of the agreement;

16 (B) the rights and obligations of the Sec17 retary and the Hospital under the agreement,

18 including any contracting or grievance proce19 dures applicable under the agreement;

20 (C) the types of care to be provided to eli21 gible individuals under the agreement, including

22 the cost to the Department of the Air Force of

23 providing the care to eligible individuals during

24 the term of the agreement;
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1 (D) the access of Air Force medical per2 sonnel to the facility under the agreement;

3 (E) the rights and responsibilities of the

4 Secretary and the Hospital upon termination of

5 the agreement; and

6 (F) any other matters jointly identified by

7 the Secretary and the Hospital.

8 (3) The nature of the arrangement between the

9 Secretary and the Hospital with respect to the own10 ership of the facility and any property under the

11 agreement, including—

12 (A) the nature of that arrangement while

13 the agreement is in force;

14 (B) the nature of that arrangement upon

15 termination of the agreement; and

16 (C) any requirement for reimbursement of

17 the Secretary by the Hospital as a result of the

18 arrangement upon termination of the agree19 ment.

20 (4) The amount of the funds made available

21 under subsection (c) that the Secretary will contrib22 ute for the construction and equipping of the facil23 ity.

24 (5) Any conditions or restrictions relating to

25 the construction, equipping, or use of the facility.
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1 (c) AVAILABILITY OF FUNDS FOR CONSTRUCTION

2 AND EQUIPPING OF FACILITY.—(1) Of the amount au3 thorized to be appropriated pursuant to section 301(4) for

4 operation and maintenance for the Air Force, not more

5 than $7,000,000 may be used by the Secretary of the Air

6 Force to make a contribution toward the construction and

7 equipping of the medical resource facility in the event that

8 the Secretary enters into the agreement authorized by sub9 section (a). Notwithstanding any other provision of law,

10 the Secretary may not use other sources of funds to make

11 a contribution toward the construction or equipping of the

12 facility.

13 (2) Notwithstanding subsection (b)(3) regarding the

14 ownership and reimbursement issues to be addressed in

15 the agreement authorized by subsection (a), the Secretary

16 may not contribute funds made available under paragraph

17 (1) toward the construction and equipping of the facility

18 unless the agreement requires, in exchange for the con19 tribution, that the Hospital provide health care services

20 to eligible individuals without charge to the Secretary or

21 at a reduced rate. The value of the services provided by

22 the Hospital shall be at least equal to the amount of the

23 contribution made by the Secretary, and the Hospital shall

24 complete the provision of services equal in value to the

25 Secretary’s contribution within seven years after the facil-
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1 ity becomes operational. The provision of additional dis2 counted services to be provided by the Hospital shall be

3 included in the agreement. The value and types of services

4 to be provided by the Hospital shall be negotiated in ac5 cordance with principles of resource-sharing agreements

6 under the TRICARE program.

7 (d) NOTICE AND WAIT.—The Secretary of the Air

8 Force may not enter into the agreement authorized by

9 subsection (a) until 90 days after the Secretary of Defense

10 submits to the congressional defense committees the re11 port required by subsection (e).

12 (e) REPORT ON PROPOSED AGREEMENT.—The Sec13 retary of Defense shall submit to Congress a report con14 taining an analysis of, and recommendations regarding,

15 the agreement proposed to be entered into under sub16 section (a), in particular, the implications of the agree17 ment on regional health care costs and its effect on imple18 mentation of the TRICARE program in the region. The

19 report shall also include a copy of the agreement, the re20 sults of a cost-benefit analysis conducted by the Secretary

21 of the Air Force with respect to the agreement, and such

22 other information with respect to the agreement as the

23 Secretary of Defense and the Secretary of the Air Force

24 considers appropriate. The cost-benefit analysis shall con25 sider the effects of the agreement on operation and main-
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1 tenance and military construction requirements at

2 Holloman Air Force Base, New Mexico.

3 (f) SUBSEQUENT REPORTS.—If the Secretary of the

4 Air Force enters into the agreement authorized by sub5 section (a), the Secretary shall submit to Congress an an6 nual report containing a revised cost-benefit analysis of

7 the consequences of the agreement as in effect during the

8 year covered by the report, including a full accounting of

9 any cost savings realized by the Department of the Air

10 Force as a result of the agreement. A report shall be sub11 mitted for each year in which the agreement is in effect

12 or until the Hospital provides the full value of health care

13 services required under subsection (c)(2), whichever oc14 curs first.

15 SEC. 244. DISCLOSURES OF CAUTIONARY INFORMATION ON

16 PRESCRIPTION MEDICATIONS.

17 (a) REGULATIONS REQUIRED.—Not later than 180

18 days after the date of the enactment of this Act, the Sec19 retary of Defense, in consultation with the administering

20 Secretaries referred to in section 1073 of title 10, United

21 States Code, shall prescribe regulations to require each

22 source described in subsection (d) that dispenses a pre23 scription medication to a beneficiary under chapter 55 of

24 such title to include with the medication the written cau25 tionary information required by subsection (b).
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1 (b) INFORMATION TO BE DISCLOSED.—Information

2 required to be disclosed about a medication under the reg3 ulations shall include appropriate cautions about usage of

4 the medication, including possible side effects and poten5 tially hazardous interactions with foods.

6 (c) FORM OF INFORMATION.—The regulations shall

7 require that information be furnished in a form that, to

8 the maximum extent practicable, is easily read and under9 stood.

10 (d) COVERED SOURCES.—The regulations shall apply

11 to the following:

12 (1) Pharmacies and any other dispensers of

13 prescription medications in medical facilities of the

14 uniformed services.

15 (2) Sources of prescription medications under

16 any mail order pharmaceuticals program provided by

17 any of the administering Secretaries under chapter

18 55 of title 10, United States Code.

19 (3) Pharmacies paid under the Civilian Health

20 and Medical Program of the Uniformed Services (in21 cluding the TRICARE program).

22 (4) Pharmacies, and any other pharmaceutical

23 dispensers, of designated providers referred to in

24 section 721(5) of the National Defense Authoriza-
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1 tion Act for Fiscal Year 1997 (Public Law 104–201;

2 110 Stat. 2593; 10 U.S.C. 1073 note).

3 SEC. 245. COMPETITIVE PROCUREMENT OF CERTAIN OPH4 THALMIC SERVICES.

5 (a) COMPETITIVE PROCUREMENT REQUIRED.—Be6 ginning not later than October 1, 1998, the Secretary of

7 Defense shall competitively procure from private-sector

8 sources, or other sources outside of the Department of De9 fense, all ophthalmic services related to the provision of

10 single vision and multivision eyeware for members of the

11 Armed Forces, retired members, and certain covered bene12 ficiaries under chapter 55 of title 10, United States Code,

13 who would otherwise receive such ophthalmic services

14 through the Department of Defense.

15 (b) EXCEPTION.—Subsection (a) shall not apply to

16 the extent that the Secretary of Defense determines that

17 the use of sources within the Department of Defense to

18 provide such ophthalmic services—

19 (1) is necessary to meet the readiness require20 ments of the Armed Forces; or

21 (2) is more cost effective.

22 (c) COMPLETION OF EXISTING ORDERS.—Subsection

23 (a) shall not apply to orders for ophthalmic services re24 ceived on or before September 30, 1998.
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1 SEC. 246. COMPTROLLER GENERAL STUDY OF ADEQUACY

2 AND EFFECT OF MAXIMUM ALLOWABLE

3 CHARGES FOR PHYSICIANS UNDER

4 CHAMPUS.

5 (a) STUDY REQUIRED.—The Comptroller General

6 shall conduct a study regarding the adequacy of the maxi7 mum allowable charges for physicians established under

8 the Civilian Health and Medical Program of the Uni9 formed Services (CHAMPUS) and the effect of such

10 charges on the participation of physicians in CHAMPUS.

11 The study shall include an evaluation of the following:

12 (1) The methodology used by the Secretary of

13 Defense to establish maximum allowable charges for

14 physicians under CHAMPUS, and whether such

15 methodology conforms to the requirements of section

16 1079(h) of title 10, United States Code.

17 (2) The differences between the established

18 charges under CHAMPUS and reimbursement rates

19 for similar services under title XVIII of the Social

20 Security Act and other health care programs.

21 (3) The basis for physician complaints that the

22 CHAMPUS established charges are too low.

23 (4) The difficultly of CHAMPUS in ensuring

24 physician compliance with the CHAMPUS estab25 lished charges in the absence of legal mechanisms to
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1 enforce compliance, and the effect of noncompliance

2 on patient out-of-pocket expenses.

3 (5) The effect of the established charges under

4 CHAMPUS on the participation of physicians in

5 CHAMPUS, and the extent and success of Depart6 ment of Defense efforts to increase physician partici7 pation in areas with low participation rates.

8 (b) SUBMISSION OF REPORT.—Not later than March

9 1, 1998, the Comptroller General shall submit to Congress

10 a report containing the results of the study required by

11 subsection (a).

12 SEC. 247. COMPTROLLER GENERAL STUDY OF DEPART13 MENT OF DEFENSE PHARMACY PROGRAMS.

14 (a) STUDY.—Not later than March 31, 1998, the

15 Comptroller General shall submit to Congress a study

16 evaluating the pharmacy programs of the Department of

17 Defense. The study shall examine the impact of such phar18 macy programs on the aggregate cost, quality, and acces19 sibility of health care provided to covered beneficiaries

20 under chapter 55 of title 10, United States Code, and shall

21 include an examination of the following:

22 (1) The merits and feasibility of establishing a

23 uniform formulary for military treatment facility

24 pharmacies and civilian contractor pharmacy benefit

25 administrators.
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1 (2) The reasons that military treatment facili2 ties deny covered beneficiaries access to pharmacy

3 care and shift such beneficiaries to other sources of

4 pharmacy care.

5 (3) The merits and feasibility of using private

6 sector cost control mechanisms implemented by au7 thorized civilian contractors in the Department of

8 Defense medical programs, and the existence of any

9 barriers to the use of such mechanisms, including

10 factors that may undermine the incentives of such

11 contractors to optimize treatment outcomes in man12 aging the care of covered beneficiaries without ex13 ceeding budgeted resources.

14 (4) The cost impacts, if any, of the use of com15 mercial managed care methods of furnishing phar16 maceuticals to covered beneficiaries by TRICARE

17 program contractors instead of procuring pharma18 ceuticals at discounted prices pursuant to section

19 8126 of title 38, United States Code.

20 (5) The existence of options for increasing the

21 discounts available to TRICARE program contrac22 tors without undermining controls for preventing di23 version of items procured by the Department of De24 fense to nonmilitary populations.
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1 (b) RESPONSE TO STUDY.—Not later than 90 days

2 after the Comptroller General submits to Congress the

3 study required by subsection (a), the Secretary of Defense

4 shall submit to Congress a report on the feasibility and

5 advisability of implementing changes to the pharmacy pro6 grams of the Department of Defense based on the findings

7 and conclusions of the study.

8 SEC. 248. COMPTROLLER GENERAL STUDY OF NAVY GRAD9 UATE MEDICAL EDUCATION PROGRAM.

10 (a) STUDY REQUIRED.—The Comptroller General

11 shall conduct a study to evaluate the validity of the rec12 ommendations made by the Medical Education Policy

13 Council of the Bureau of Medicine and Surgery of the

14 Navy regarding restructuring the graduate medical edu15 cation program of the Department of the Navy. The study

16 shall specifically address the Council’s recommendations

17 relating to residency training conducted at Naval Medical

18 Center, Portsmouth, Virginia, and National Naval Medical

19 Center, Bethesda, Maryland.

20 (b) SUBMISSION OF REPORT.—Not later than March

21 1, 1998, the Comptroller General shall submit to Congress

22 and the Secretary of the Navy a report containing the re23 sults of the study required by subsection (a).

24 (c) MORATORIUM ON RESTRUCTURING.—Until the

25 report required by subsection (b) is submitted to Congress,
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1 the Secretary of the Navy may not make any change in

2 the types of residency programs conducted under the Navy

3 graduate medical education program or the locations at

4 which such residency programs are conducted or otherwise

5 restructure the Navy graduate medical education pro6 gram.

7 SEC. 249. STUDY OF EXPANSION OF PHARMACEUTICALS BY

8 MAIL PROGRAM TO INCLUDE ADDITIONAL

9 MEDICARE-ELIGIBLE COVERED BENE10 FICIARIES.

11 Not later than six months after the date of the enact12 ment of this Act, the Secretary of Defense shall submit

13 to Congress a report regarding the feasibility and advis14 ability of expanding the category of persons eligible to par15 ticipate in the demonstration project for the purchase of

16 prescription pharmaceuticals by mail, as required by sec17 tion 702(a) of the National Defense Authorization Act for

18 Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1079

19 note), to include persons referred to in subsection (c) of

20 section 1086 of title 10, United States Code, who are cov21 ered by subsection (d)(1) of such section and reside in the

22 United States outside of the catchment area of a medical

23 treatment facility of the uniformed services.
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1 SEC. 250. COMPTROLLER GENERAL STUDY OF REQUIRE2 MENT FOR MILITARY MEDICAL FACILITIES IN

3 NATIONAL CAPITAL REGION.

4 (a) STUDY REQUIRED.—The Comptroller General

5 shall conduct a study to evaluate the requirements for

6 Army, Navy, and Air Force medical facilities in the Na7 tional Capital Region (as defined in section 2674(f)(2) of

8 title 10, United States Code). The study shall—

9 (1) specifically address requirements with re10 spect to geography, facilities, integrated residencies,

11 and medical environments; and

12 (2) provide specific recommendations with re13 spect to how medical and health care provided by

14 these facilities may be better coordinated to more ef15 ficiently serve, throughout the National Capital Re16 gion, members of the Armed Forces on active duty

17 and covered beneficiaries under chapter 55 of title

18 10, United States Code.

19 (b) SUBMISSION OF REPORT.—Not later than six

20 months after the date of the enactment of this Act, the

21 Comptroller General shall submit to Congress and the Sec22 retary of Defense a report containing the results of the

23 study required by subsection (a).
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1 SEC. 251. REPORT ON POLICIES AND PROGRAMS TO PRO2 MOTE HEALTHY LIFESTYLES FOR MEMBERS

3 OF THE ARMED FORCES AND THEIR DEPEND4 ENTS.

5 (a) REPORT.—Not later than March 30, 1998, the

6 Secretary of Defense shall submit to the Committee on

7 Armed Services of the Senate and the Committee on Na8 tional Security of the House of Representatives a report

9 on the effectiveness of the policies and programs of the

10 Department of Defense intended to promote healthy life11 styles for members of the Armed Forces and their depend12 ents.

13 (b) POLICIES AND PROGRAMS TO BE ASSESSED.—

14 The report under subsection (a) shall include an assess15 ment of the effectiveness of the following:

16 (1) Programs intended to educate members of

17 the Armed Forces and their dependents about the

18 potential health consequences of the use of alcohol

19 and tobacco.

20 (2) Policies of the commissaries, post ex21 changes, and service clubs, and for entertainment

22 activities of the Department of Defense, relating to

23 the sale and use of alcohol and tobacco.

24 (3) Programs intended to provide support to

25 members of the Armed Forces and their dependents
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1 who choose to reduce or eliminate their use of alco2 hol or tobacco.

3 (4) Any other policies or programs intended to

4 promote healthy lifestyles for members of the Armed

5 Forces and their dependents.

6 SEC. 252. SENSE OF CONGRESS REGARDING QUALITY

7 HEALTH CARE FOR RETIREES.

8 (a) FINDINGS.—Congress makes the following find9 ings:

10 (1) Many retired military personnel believe that

11 they were promised lifetime health care in exchange

12 for 20 or more years of service.

13 (2) Military retirees are the only Federal Gov14 ernment personnel who have been prevented from

15 using their employer-provided health care at or after

16 65 years of age.

17 (3) Military health care has become increasingly

18 difficult to obtain for military retirees as the De19 partment of Defense reduces its health care infra20 structure.

21 (4) Military retirees deserve to have a health

22 care program that is at least comparable with that

23 of retirees from civilian employment by the Federal

24 Government.
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1 (5) The availability of quality, lifetime health

2 care is a critical recruiting incentive for the Armed

3 Forces.

4 (6) Quality health care is a critical aspect of

5 the quality of life of the men and women serving in

6 the Armed Forces.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that—

9 (1) the United States has incurred a moral obli10 gation to provide health care to members and former

11 members of the Armed Forces who are entitled to

12 retired or retainer pay (or its equivalent);

13 (2) it is, therefore, necessary to provide quality,

14 affordable health care to such retirees; and

15 (3) Congress and the President should take

16 steps to address the problems associated with the

17 availability of health care for such retirees within

18 two years after the date of the enactment of this

19 Act.

20 Subtitle F—Persian Gulf Illness

21 SEC. 261. DEFINITIONS.

22 For purposes of this subtitle:

23 (1) The term ‘‘Gulf War illness’’ means any one

24 of the complex of illnesses and symptoms that might

25 have been contracted by members of the Armed
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1 Forces as a result of service in the Southwest Asia

2 theater of operations during the Persian Gulf War.

3 (2) The term ‘‘Persian Gulf War’’ has the

4 meaning given that term in section 101 of title 38,

5 United States Code.

6 (3) The term ‘‘Persian Gulf veteran’’ means an

7 individual who served on active duty in the Armed

8 Forces in the Southwest Asia theater of operations

9 during the Persian Gulf War.

10 (4) The term ‘‘contingency operation’’ has the

11 meaning given that term in section 101(a) of title

12 10, United States Code, and includes a humani13 tarian operation, peacekeeping operation, or similar

14 operation.

15 SEC. 262. PLAN FOR HEALTH CARE SERVICES FOR PERSIAN

16 GULF VETERANS.

17 (a) PLAN REQUIRED.—The Secretary of Defense and

18 the Secretary of Veterans Affairs, acting jointly, shall pre19 pare a plan to provide appropriate health care to Persian

20 Gulf veterans (and dependents eligible by law) who suffer

21 from a Gulf War illness.

22 (b) CONTENTS OF PLAN.—In preparing the plan, the

23 Secretaries shall—

24 (1) use the presumptions of service connection

25 and illness specified in paragraphs (1) and (2) of
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1 section 721(d) of the National Defense Authoriza2 tion Act for Fiscal Year 1995 (Public Law 103–337;

3 10 U.S.C. 1074 note) to determine the Persian Gulf

4 veterans (and dependents eligible by law) who should

5 be covered by the plan;

6 (2) consider the need and methods available to

7 provide health care services to Persian Gulf veterans

8 who are no longer on active duty in the Armed

9 Forces, such as Persian Gulf veterans who are mem10 bers of the reserve components and Persian Gulf

11 veterans who have been separated from the Armed

12 Forces; and

13 (3) estimate the costs to the Government of

14 providing full or partial health care services under

15 the plan to covered Persian Gulf veterans (and cov16 ered dependents eligible by law).

17 (c) FOLLOW-UP TREATMENT.—The plan required by

18 subsection (a) shall specifically address the measures to

19 be used to monitor the quality, appropriateness, and effec20 tiveness of, and patient satisfaction with, health care serv21 ices provided to Persian Gulf veterans after their initial

22 medical examination as part of registration in the Persian

23 Gulf War Veterans Health Registry or the Comprehensive

24 Clinical Evaluation Program.
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1 (d) SUBMISSION OF PLAN.—Not later than March 1,

2 1998, the Secretaries shall submit to Congress the plan

3 required by subsection (a).

4 SEC. 263. COMPTROLLER GENERAL STUDY OF REVISED

5 DISABILITY CRITERIA FOR PHYSICAL EVAL6 UATION BOARDS.

7 Not later than March 1, 1998, the Comptroller Gen8 eral shall submit to Congress a study evaluating the revi9 sions made by the Secretary of Defense (as required by

10 section 721(e) of the National Defense Authorization Act

11 for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C.

12 1074 note)) to the Physical Evaluation Board criteria

13 used to set disability ratings for members of the Armed

14 Forces who are no longer medically qualified for continu15 ation on active duty so as to ensure accurate disability

16 ratings related to a diagnosis of a Gulf War illness.

17 SEC. 264. MEDICAL CARE FOR CERTAIN RESERVES WHO

18 SERVED IN SOUTHWEST ASIA DURING THE

19 PERSIAN GULF WAR.

20 (a) IN GENERAL.—Chapter 55 of title 10, United

21 States Code, is amended by inserting after section 1074d

22 the following new section:
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1 ‘‘§ 1074e. Medical care: certain Reserves who served

2 in Southwest Asia during the Persian

3 Gulf Conflict

4 ‘‘(a) ENTITLEMENT TO MEDICAL CARE.—A member

5 of the armed forces described in subsection (b) is entitled

6 to medical care for a qualifying Persian Gulf symptom or

7 illness to the same extent and under the same conditions

8 (other than the requirement that the member be on active

9 duty) as a member of a uniformed service who is entitled

10 to such care under section 1074(a) of this title.

11 ‘‘(b) COVERED MEMBERS.—Subsection (a) applies to

12 a member of a reserve component who—

13 ‘‘(1) is a Persian Gulf veteran;

14 ‘‘(2) has a qualifying Persian Gulf symptom or

15 illness; and

16 ‘‘(3) is not otherwise entitled to medical care

17 for such symptom or illness under this chapter and

18 is not otherwise eligible for hospital care and medi19 cal services for such symptom or illness under sec20 tion 1710 of title 38.

21 ‘‘(c) DEFINITIONS.—In this section:

22 ‘‘(1) The term ‘Persian Gulf veteran’ means a

23 member of the armed forces who served on active

24 duty in the Southwest Asia theater of operations

25 during the Persian Gulf Conflict.
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1 ‘‘(2) The term ‘qualifying Persian Gulf symp2 tom or illness’ means, with respect to a member de3 scribed in subsection (b), a symptom or illness—

4 ‘‘(A) that the member registered before

5 September 1, 1997, in the Comprehensive Clini6 cal Evaluation Program of the Department of

7 Defense and that is presumed under section

8 721(d) of the National Defense Authorization

9 Act for Fiscal Year 1995 (10 U.S.C. 1074

10 note) to be a result of service in the Southwest

11 Asia theater of operations during the Persian

12 Gulf Conflict; or

13 ‘‘(B) that the member registered before

14 September 1, 1997, in the Persian Gulf War

15 Veterans Health Registry maintained by the

16 Department of Veterans Affairs pursuant to

17 section 702 of the Persian Gulf War Veterans’

18 Health Status Act (38 U.S.C. 527 note).’’.

19 (b) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of such chapter is amended by inserting

21 after the item relating to section 1074d the following new

22 item:

‘‘1074e. Medical care: certain Reserves who served in Southwest Asia during the

Persian Gulf Conflict.’’.
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1 SEC. 265. IMPROVED MEDICAL TRACKING SYSTEM FOR

2 MEMBERS DEPLOYED OVERSEAS IN CONTIN3 GENCY OR COMBAT OPERATIONS.

4 (a) SYSTEM REQUIRED.—(1) Chapter 55 of title 10,

5 United States Code, is amended by inserting after section

6 1074e (as added by section 264) the following new section:

7 ‘‘§ 1074f. Medical tracking system for members de8 ployed overseas

9 ‘‘(a) SYSTEM REQUIRED.—The Secretary of Defense

10 shall establish a system to assess the medical condition

11 of members of the armed forces (including members of the

12 reserve components) who are deployed outside the United

13 States or its territories or possessions as part of a contin14 gency operation (including a humanitarian operation,

15 peacekeeping operation, or similar operation) or combat

16 operation.

17 ‘‘(b) ELEMENTS OF SYSTEM.—The system described

18 in subsection (a) shall include the use of predeployment

19 medical examinations and postdeployment medical exami20 nations (including an assessment of mental health and the

21 drawing of blood samples) to accurately record the medical

22 condition of members before their deployment and any

23 changes in their medical condition during the course of

24 their deployment. The postdeployment examination shall

25 be conducted when the member is redeployed or otherwise
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1 leaves an area in which the system is in operation (or as

2 soon as possible thereafter).

3 ‘‘(c) RECORDKEEPING.—The results of all medical

4 examinations conducted under the system, records of all

5 health care services (including immunizations) received by

6 members described in subsection (a) in anticipation of

7 their deployment or during the course of their deployment,

8 and records of events occurring in the deployment area

9 that may affect the health of such members shall be re10 tained and maintained in a centralized location to improve

11 future access to the records.

12 ‘‘(d) QUALITY ASSURANCE.—The Secretary of De13 fense shall establish a quality assurance program to evalu14 ate the success of the system in ensuring that members

15 described in subsection (a) receive predeployment medical

16 examinations and postdeployment medical examinations

17 and that the recordkeeping requirements with respect to

18 the system are met.’’.

19 (2) The table of sections at the beginning of such

20 chapter is amended by inserting after the item relating

21 to section 1074e (as added by section 264) the following

22 new item:

‘‘1074f. Medical tracking system for members deployed overseas.’’.

23 (b) REPORT.—Not later than March 1, 1998, the

24 Secretary of Defense shall submit to Congress an analysis

25 of the administrative implications of establishing and ad-
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1 ministering the medical tracking system required by sec2 tion 1074f of title 10, United States Code, as added by

3 subsection (a). The report shall include, for fiscal year

4 1999 and the 5 successive fiscal years, a separate analysis

5 and specification of the projected costs and operational

6 considerations for each of the following required aspects

7 of the system:

8 (1) Predeployment medical examinations.

9 (2) Postdeployment medical examinations.

10 (3) Recordkeeping.

11 SEC. 266. NOTICE OF USE OF INVESTIGATIONAL NEW

12 DRUGS OR DRUGS UNAPPROVED FOR THEIR

13 APPLIED USE.

14 (a) NOTICE REQUIREMENTS.—Chapter 55 of title 10,

15 United States Code, is amended by adding at the end the

16 following new section:

17 ‘‘§ 1107. Notice of use of an investigational new drug

18 or a drug unapproved for its applied use

19 ‘‘(a) NOTICE REQUIRED.—(1) Whenever the Sec20 retary of Defense requests or requires a member of the

21 armed forces to receive an investigational new drug or a

22 drug unapproved for its applied use, the Secretary shall

23 provide the member with notice containing the information

24 specified in subsection (d).
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1 ‘‘(2) The Secretary shall also ensure that health care

2 providers who administer an investigational new drug or

3 a drug unapproved for its applied use, or who are likely

4 to treat members who receive such a drug, receive the in5 formation required to be provided under paragraphs (3)

6 and (4) of subsection (d).

7 ‘‘(b) TIME OF NOTICE.—The notice required to be

8 provided to a member under subsection (a)(1) shall be pro9 vided before the investigational new drug or drug unap10 proved for its applied use is first administered to the mem11 ber, if practicable, but in no case later than 30 days after

12 the drug is first administered to the member.

13 ‘‘(c) FORM OF NOTICE.—The notice required under

14 subsection (a)(1) shall be provided in writing unless the

15 Secretary of Defense determines that the use of written

16 notice is impractical because of the number of members

17 receiving the investigational new drug or drug unapproved

18 for its applied use, time constraints, or similar reasons.

19 If the Secretary provides notice under subsection (a)(1)

20 in a form other than in writing, the Secretary shall submit

21 to Congress a report describing the notification method

22 used and the reasons for the use of the alternative method.

23 ‘‘(d) CONTENT OF NOTICE.—The notice required

24 under subsection (a)(1) shall include the following:
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1 ‘‘(1) Clear notice that the drug being adminis2 tered is an investigational new drug or a drug unap3 proved for its applied use.

4 ‘‘(2) The reasons why the investigational new

5 drug or drug unapproved for its applied use is being

6 administered.

7 ‘‘(3) Information regarding the possible side ef8 fects of the investigational new drug or drug unap9 proved for its applied use, including any known side

10 effects possible as a result of the interaction of such

11 drug with other drugs or treatments being adminis12 tered to the members receiving such drug.

13 ‘‘(4) Such other information that, as a condi14 tion of authorizing the use of the investigational new

15 drug or drug unapproved for its applied use, the

16 Secretary of Health and Human Services may re17 quire to be disclosed.

18 ‘‘(e) RECORDS OF USE.—The Secretary of Defense

19 shall ensure that the medical records of members accu20 rately document—

21 ‘‘(1) the receipt by members of any investiga22 tional new drug or drug unapproved for its applied

23 use; and

24 ‘‘(2) the notice required by subsection (a)(1).

25 ‘‘(f) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘investigational new drug’ means

2 a drug covered by section 505(i) of the Federal

3 Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)).

4 ‘‘(2) The term ‘drug unapproved for its applied

5 use’ means a drug administered for a use not de6 scribed in the approved labeling of the drug under

7 section 505 of the Federal Food, Drug, and Cos8 metic Act (21 U.S.C. 355).’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of such chapter is amended by adding

11 at the end the following new item:

‘‘1107. Notice of use of an investigational new drug or a drug unapproved for

its applied use.’’.

12 SEC. 267. REPORT ON PLANS TO TRACK LOCATION OF MEM13 BERS IN A THEATER OF OPERATIONS.

14 Not later than March 1, 1998, the Secretary of De15 fense shall submit to Congress a report containing a plan

16 for collecting and maintaining information regarding the

17 daily location of units of the Armed Forces, and to the

18 extent practicable individual members of such units, serv19 ing in a theater of operations during a contingency oper20 ation or combat operation.
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1 SEC. 268. SENSE OF CONGRESS REGARDING THE DEPLOY2 MENT OF SPECIALIZED UNITS FOR DETECT3 ING AND MONITORING CHEMICAL, BIOLOGI4 CAL, AND SIMILAR HAZARDS IN A THEATER

5 OF OPERATIONS.

6 It is the sense of Congress that the Secretary of De7 fense, in conjunction with the Chairman of the Joint

8 Chiefs of Staff, should take such actions as are necessary

9 to ensure that the units of the Armed Forces deployed

10 in the theater of operations for each contingency operation

11 or combat operation include specialized units with suffi12 cient capability (including personnel with the appropriate

13 training and expertise, and the appropriate equipment) to

14 detect and monitor the presence of chemical, biological,

15 and similar hazards to which members of the Armed

16 Forces could be exposed in that theater during the oper17 ation.

18 SEC. 269. REPORT ON EFFECTIVENESS OF RESEARCH EF19 FORTS REGARDING GULF WAR ILLNESSES.

20 Not later than March 1, 1998, the Secretary of De21 fense shall submit to Congress a report evaluating the ef22 fectiveness of medical research initiatives regarding Gulf

23 War illnesses. The report shall address the following:

24 (1) The type and effectiveness of previous re25 search efforts, including the activities undertaken

26 pursuant to section 743 of the National Defense Au-
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1 thorization Act for Fiscal Year 1997 (Public Law

2 104–201; 10 U.S.C. 1074 note), section 722 of the

3 National Defense Authorization Act for Fiscal Year

4 1995 (Public Law 103–337; 10 U.S.C. 1074 note),

5 and sections 270 and 271 of the National Defense

6 Authorization Act for Fiscal Year 1994 (Public Law

7 103–160; 107 Stat. 1613).

8 (2) Recommendations regarding additional re9 search regarding Gulf War illnesses, including re10 search regarding the nature and causes of Gulf War

11 illnesses and appropriate treatments for such ill12 nesses.

13 (3) The adequacy of Federal funding and the

14 need for additional funding for medical research ini15 tiatives regarding Gulf War illnesses.

16 SEC. 270. PERSIAN GULF ILLNESS CLINICAL TRIALS PRO17 GRAM.

18 (a) FINDINGS.—Congress finds the following:

19 (1) There are many ongoing studies that inves20 tigate risk factors which may be associated with the

21 health problems experienced by Persian Gulf veter22 ans; however, there have been no studies that exam23 ine health outcomes and the effectiveness of the

24 treatment received by such veterans.
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1 (2) The medical literature and testimony pre2 sented in hearings on Gulf War illnesses indicate

3 that there are therapies, such as cognitive behavioral

4 therapy, that have been effective in treating patients

5 with symptoms similar to those seen in many Per6 sian Gulf veterans.

7 (b) ESTABLISHMENT OF PROGRAM.—The Secretary

8 of Defense and the Secretary of Veterans Affairs, acting

9 jointly, shall establish a program of cooperative clinical

10 trials at multiple sites to assess the effectiveness of proto11 cols for treating Persian Gulf veterans who suffer from

12 ill-defined or undiagnosed conditions. Such protocols shall

13 include a multidisciplinary treatment model, of which cog14 nitive behavioral therapy is a component.

15 (c) FUNDING.—Of the funds authorized to be appro16 priated in section 201(1) for research, development, test,

17 and evaluation for the Army, the sum of $4,500,000 shall

18 be available for program element 62787A (medical tech19 nology) in the budget of the Department of Defense for

20 fiscal year 1998 to carry out the clinical trials program

21 established pursuant to subsection (b).

22 SEC. 271. SENSE OF CONGRESS CONCERNING GULF WAR

23 ILLNESS.

24 (a) FINDINGS.—Congress makes the following find25 ings:
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1 (1) Americans served in the Persian Gulf Con2 flict of 1991 in defense of vital national security in3 terests of the United States.

4 (2) It was known to United States intelligence

5 and military commanders that biological and chemi6 cal agents were in theater throughout the conflict.

7 (3) An undetermined amount of these agents

8 were released into theater.

9 (4) A large number of United States military

10 veterans and allied veterans who served in the

11 Southwest Asia theater of operations have been

12 stricken with a variety of severe illnesses.

13 (5) Previous efforts to discern the causes of

14 those illnesses have been inadequate, and those ill15 nesses are affecting the health of both veterans and

16 their families.

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that all promising technology and treatments relat19 ing to Gulf War illnesses should be fully explored and test20 ed to facilitate treatment for members of the Armed

21 Forces and veterans who served the United States in the

22 Persian Gulf conflict and are stricken with unexplainable

23 illness.
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1 TITLE III—MILITARY

2 CONSTRUCTION, ARMY

3 SEC. 301. AUTHORIZED ARMY CONSTRUCTION AND LAND

4 ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts

6 appropriated pursuant to the authorization of appropria7 tions in section 304(a)(1), the Secretary of the Army may

8 acquire real property and carry out military construction

9 projects for the installations and locations inside the Unit10 ed States, and in the amounts, set forth in the following

11 table:

Army: Inside the United States

State Installation or Location Amount

Alabama ................................. Redstone Arsenal .............................. $27,000,000

Arizona .................................. Fort Huachuca ................................. $20,000,000

California ............................... Fort Irwin ........................................ $11,150,000

Naval Weapons Station, Concord ..... $23,000,000

Colorado ................................ Fort Carson ...................................... $47,300,000

Georgia .................................. Fort Gordon ..................................... $22,000,000

Hunter Army Air Field, Fort Stewart ................................................. $54,000,000

Hawaii ................................... Schofield Barracks ........................... $44,000,000

Indiana .................................. Crane Army Ammunition Activity ... $7,700,000

Kansas ................................... Fort Leavenworth ............................. $63,000,000

Fort Riley ......................................... $25,800,000

Kentucky ............................... Fort Campbell .................................. $53,600,000

Fort Knox ......................................... $7,200,000

Missouri ................................. Fort Leonard Wood ......................... $3,200,000

New Jersey ............................ Fort Monmouth ................................ $2,050,000

New Mexico ........................... White Sands Missile Range .............. $6,900,000

New York .............................. Fort Drum ........................................ $24,400,000

North Carolina ...................... Fort Bragg ....................................... $17,700,000

Oklahoma .............................. Fort Sill ............................................ $25,000,000

South Carolina ...................... Naval Weapons Station, Charleston $7,700,000

Texas ..................................... Fort Bliss ......................................... $7,700,000

Fort Hood ........................................ $27,200,000

Fort Sam Houston ........................... $16,000,000

Virginia .................................. Fort A.P. Hill ................................... $5,400,000

Fort Myer ......................................... $8,200,000

Fort Story ........................................ $2,050,000

Washington ............................ Fort Lewis ........................................ $33,000,000

CONUS Classified ................. Classified Location ........................... $6,500,000

Total ..................................... $598,750,000
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 304(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and

6 in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or Location Amount

Germany ................................ Ansbach ............................................ $22,000,000

Heidelberg ........................................ $8,800,000

Mannheim ......................................... $6,200,000

Military Support Group,

Kaiserslautern .............................. $6,000,000

Korea ..................................... Camp Casey ...................................... $5,100,000

Camp Castle ..................................... $8,400,000

Camp Humphreys ............................ $32,000,000

Camp Red Cloud .............................. $23,600,000

Camp Stanley ................................... $7,000,000

Overseas Classified ................ Overseas Classified ........................... $37,000,000

Total ..................................... $156,100,000

7 SEC. 302. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to authorization of appro10 priations in section 304(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation or Location Purpose Amount

Arizona ......................... Fort Huachuca ............ 55 Units .......... $8,000,000

Hawaii .......................... Schofield Barracks ...... 132 Units ........ $26,600,000

Maryland ...................... Fort Meade .................. 56 Units .......... $7,900,000

New Jersey ................... Picatinny Arsenal ........ 35 Units .......... $7,300,000

North Carolina ............. Fort Bragg .................. 174 Units ........ $20,150,000

Texas ............................ Fort Bliss .................... 91 Units .......... $12,900,000

Fort Hood .................... 130 Units ........ $18,800,000

Total .... $101,650,000
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 304(a)(5)(A), the Secretary of the Army may carry

4 out architectural and engineering services and construc5 tion design activities with respect to the construction or

6 improvement of family housing units in an amount not

7 to exceed $9,550,000.

8 SEC. 303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in sections 304(a)(5)(A),

13 the Secretary of the Army may improve existing military

14 family housing units in an amount not to exceed

15 $86,100,000.

16 SEC. 304. AUTHORIZATION OF APPROPRIATIONS, ARMY.

17 (a) IN GENERAL.—Funds are hereby authorized to

18 be appropriated for fiscal years beginning after September

19 30, 1997, for military construction, land acquisition, and

20 military family housing functions of the Department of the

21 Army in the total amount of $2,010,466,000 as follows:

22 (1) For military construction projects inside the

23 United States authorized by section 301(a),

24 $435,350,000.
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1 (2) For the military construction projects out2 side the United States authorized by section 301(b),

3 $156,100,000.

4 (3) For unspecified minor military construction

5 projects authorized by section 2805 of title 10, Unit6 ed States Code, $7,400,000.

7 (4) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $65,577,000.

10 (5) For military family housing functions:

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military

13 family housing and facilities, $197,300,000.

14 (B) For support of military family housing

15 (including the functions described in section

16 2833 of title 10, United States Code),

17 $1,145,339,000.

18 (6) For the construction of the National Range

19 Control Center, White Sands Missile Range, New

20 Mexico, authorized by section 2101(a) of the Mili21 tary Construction Authorization Act for Fiscal Year

22 1997 (division B of Public Law 104–201; 110 Stat.

23 2763), $18,000,000.

24 (7) For the construction of the whole barracks

25 complex renewal, Fort Knox, Kentucky, authorized
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1 by section 2101(a) of the Military Construction Au2 thorization Act for Fiscal Year 1997 (division B of

3 Public Law 104–201; 110 Stat. 2763), $22,000,000.

4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and

7 any other cost variation authorized by law, the total cost

8 of all projects carried out under section 301 of this Act

9 may not exceed—

10 (1) the total amount authorized to be appro11 priated under paragraphs (1) and (2) of subsection

12 (a);

13 (2) $14,400,000 (the balance of the amount au14 thorized under section 2101(a) for the construction

15 of the Force XXI Soldier Development School at

16 Fort Hood, Texas);

17 (3) $24,000,000 (the balance of the amount au18 thorized under section 2101(a) for rail yard expan19 sion at Fort Carson, Colorado);

20 (4) $43,000,000 (the balance of the amount au21 thorized under section 2101(a) for the construction

22 of a disciplinary barracks at Fort Leavenworth,

23 Kansas);

24 (5) $42,500,000 (the balance of the amount au25 thorized under section 2101(a) for the construction
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1 of a barracks at Hunter Army Airfield, Fort Stew2 art, Georgia);

3 (6) $17,000,000 (the balance of the amount au4 thorized under section 2101(a) for the construction

5 of a barracks at Fort Sill, Oklahoma);

6 (7) $14,000,000 (the balance of the amount au7 thorized under section 2101(a) for the construction

8 of a missile software engineering facility at Redstone

9 Arsenal, Alabama); and

10 (8) $8,500,000 (the balance of the amount au11 thorized under section 2101(a) for the construction

12 of an aerial gunnery range at Fort Drum, New

13 York).

14 (c) ADJUSTMENT.—The total amount authorized to

15 be appropriated pursuant to paragraphs (1) through (7)

16 of subsection (a) is the sum of the amounts authorized

17 in such paragraphs, reduced by $36,600,000, which rep18 resents the combination of savings resulting from adjust19 ments to foreign currency exchange rates for military con20 struction projects and the support of military family hous21 ing outside the United States.

22 SEC. 305. CORRECTION IN AUTHORIZED USES OF FUNDS,

23 FORT IRWIN, CALIFORNIA.

24 The Secretary of the Army may carry out a military

25 construction project at Fort Irwin, California, to construct
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1 a heliport for the National Training Center at Barstow2 Daggett, California, using the following amounts:

3 (1) Amounts appropriated pursuant to the au4 thorization of appropriations in section 2104(a)(1)

5 of the Military Construction Authorization Act for

6 Fiscal Year 1995 (division B of Public Law 103–

7 337; 108 Stat. 3029) for a military construction

8 project involving the construction of an air field at

9 Fort Irwin, as authorized by section 2101(a) of such

10 Act (108 Stat. 3027).

11 (2) Amounts appropriated pursuant to the au12 thorization of appropriations in section 2104(a)(1)

13 of the Military Construction Authorization Act for

14 Fiscal Year 1996 (division B of Public Law 104–

15 106; 110 Stat. 524) for a military construction

16 project involving the construction of an air field at

17 Fort Irwin, as authorized by section 2101(a) of such

18 Act (110 Stat. 523).

19 TITLE IV—MILITARY

20 CONSTRUCTION, NAVY

21 SEC. 401. AUTHORIZED NAVY CONSTRUCTION AND LAND

22 ACQUISITION PROJECTS.

23 (a) INSIDE THE UNITED STATES.—Using amounts

24 appropriated pursuant to the authorization of appropria25 tions in section 404(a)(1), the Secretary of the Navy may
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1 acquire real property and carry out military construction

2 projects for the installations and locations inside the Unit3 ed States, and in the amounts, set forth in the following

4 table:

Navy: Inside the United States

State Installation or Location Amount

Arizona .................................. Marine Corps Air Station, Yuma ..... $12,250,000

Navy Detachment, Camp Navajo ..... $11,426,000

California ............................... Marine Corps Air Station, Camp

Pendleton ...................................... $14,020,000

Marine Corps Air Station, Miramar $8,700,000

Marine Corps Air-Ground Combat

Center, Twentynine Palms ........... $3,810,000

Marine Corps Base, Camp Pendleton ................................................ $60,069,000

Naval Air Facility, El Centro .......... $11,000,000

Naval Air Station, North Island ...... $19,600,000

Naval Amphibious Base, Coronado .. $10,100,000

Naval Construction Battalion Center, Port Hueneme ....................... $3,200,000

Connecticut ............................ Naval Submarine Base, New London ................................................ $21,960,000

Florida ................................... Naval Air Station, Jacksonville ........ $3,480,000

Naval Air Station, Whiting Field ..... $1,300,000

Naval Station, Mayport .................... $17,940,000

Hawaii ................................... Fort DeRussey ................................. $9,500,000

Marine Corps Air Station, Kaneohe

Bay ............................................... $19,000,000

Naval Communications and Telecommunications Area Master Station Eastern Pacific, Honolulu ..... $3,900,000

Naval Station, Pearl Harbor ............ $25,000,000

Illinois .................................... Naval Training Center, Great Lakes $41,220,000

Indiana .................................. Naval Surface Warfare Center,

Crane ............................................ $4,120,000

Maryland ............................... Naval Electronics System Command,

St. Ingoes ..................................... $2,610,000

Mississippi ............................. Naval Air Station, Meridian ............. $7,050,000

North Carolina ...................... Marine Corps Air Station, Cherry

Point ............................................. $8,800,000

Marine Corps Air Station, New

River ............................................. $19,900,000

Rhode Island ......................... Naval Undersea Warfare Center Division, Newport ............................. $8,900,000

South Carolina ...................... Marine Corps Air Station, Beaufort $17,730,000

Marine Corps Reserve Detachment

Parris Island ................................. $3,200,000

Texas ..................................... Naval Air Station, Corpus Christi ... $800,000

Virginia .................................. AEGIS Training Center, Dahlgren .. $6,600,000
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Navy: Inside the United States—Continued

State Installation or Location Amount

Fleet Combat Training Center, Dam

Neck .............................................. $7,000,000

Naval Air Station, Norfolk ............... $18,240,000

Naval Air Station, Oceana ............... $28,000,000

Naval Amphibious Base, Little

Creek ............................................ $8,685,000

Naval Shipyard, Norfolk, Portsmouth ........................................... $29,410,000

Naval Station, Norfolk ..................... $18,850,000

Naval Surface Warfare Center,

Dahlgren ....................................... $13,880,000

Naval Weapons Station, Yorktown .. $14,547,000

Washington ............................ Naval Air Station, Whidbey Island .. $1,100,000

Puget Sound Naval Shipyard, Bremerton ............................................. $4,400,000

Total ..................................... $521,297,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 404(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the follow7 ing table:

Navy: Outside the United States

Country Installation or Location Amount

Bahrain ................................. Administrative Support Unit, Bahrain ............................................... $30,100,000

Guam ..................................... Naval Communications and Telecommunications Area Master Station Western Pacific, Guam ......... $4,050,000

Italy ....................................... Naval Air Station, Sigonella ............ $21,440,000

Naval Support Activity, Naples ....... $8,200,000

United Kingdom .................... Joint Maritime Communications

Center, St. Mawgan ...................... $2,330,000

Total ..................................... $66,120,000

8 SEC. 402. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 404(a)(5)(A), the Secretary of the

2 Navy may construct or acquire family housing units (in3 cluding land acquisition) at the installations, for the pur4 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or Location Purpose Amount

California ...................... Marine Corps Air Station, Miramar .......... 166 Units ........ $28,881,000

Marine Corps AirGround Combat Center, Twentynine

Palms ....................... 132 Units ........ $23,891,000

Marine Corps Base,

Camp Pendleton ...... 171 Units ........ $22,518,000

Naval Air Station,

Lemoore ................... 128 Units ........ $23,226,000

Naval Complex, San

Diego ........................ 94 Units .......... $13,500,000

Hawaii .......................... Naval Complex, Pearl

Harbor ..................... 72 Units .......... $13,000,000

Louisiana ...................... Naval Complex, New

Orleans ..................... 100 Units ........ $11,930,000

Texas ............................ Naval Complex,

Kingsville and Corpus Christi ............... 212 Units ........ $22,250,000

Washington ................... Naval Air Station,

Whidbey Island ........ 102 Units ........ $16,000,000

Total .... $175,196,000

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriation in

7 section 404(a)(5)(A), the Secretary of the Navy may carry

8 out architectural and engineering services and construc9 tion design activities with respect to the construction or

10 improvement of military family housing units in an

11 amount not to exceed $15,100,000.
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1 SEC. 403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriations in section 404(a)(5)(A),

6 the Secretary of the Navy may improve existing military

7 family housing units in an amount not to exceed

8 $203,536,000.

9 SEC. 404. AUTHORIZATION OF APPROPRIATIONS, NAVY.

10 (a) IN GENERAL.—Funds are hereby authorized to

11 be appropriated for fiscal years beginning after September

12 30, 1997, for military construction, land acquisition, and

13 military family housing functions of the Department of the

14 Navy in the total amount of $2,027,339,000 as follows:

15 (1) For military construction projects inside the

16 United States authorized by section 401(a),

17 $521,297,000.

18 (2) For military construction projects outside

19 the United States authorized by section 401(b),

20 $66,120,000.

21 (3) For unspecified minor construction projects

22 authorized by section 2805 of title 10, United States

23 Code, $11,460,000.

24 (4) For architectural and engineering services

25 and construction design under section 2807 of title

26 10, United States Code, $46,489,000.
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1 (5) For military family housing functions:

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military

4 family housing and facilities, $393,832,000.

5 (B) For support of military housing (in6 cluding functions described in section 2833 of

7 title 10, United States Code), $976,504,000.

8 (6) For construction of a bachelor enlisted

9 quarters at Naval Hospital, Great Lakes, Illinois,

10 authorized by section 2201(a) of the Military Con11 struction Authorization Act for Fiscal Year 1997

12 (division B of Public Law 104–201; 110 Stat.

13 2766), $5,200,000.

14 (7) For construction of a bachelor enlisted

15 quarters at Naval Station, Roosevelt Roads, Puerto

16 Rico, authorized by section 2201(a) of the Military

17 Construction Authorization Act for Fiscal Year 1997

18 (division B of Public Law 104–201; 110 Stat.

19 2767), $14,600,000.

20 (8) For construction of a large anecohic cham21 ber facility at Patuxent River Naval Air Warfare

22 Center, Maryland, authorized by section 2201(a) of

23 the Military Construction Authorization Act for Fis24 cal Year 1993 (division B of Public Law 102–484;

25 106 Stat. 2590), $9,000,000.
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variation authorized by law, the total cost

5 of all projects carried out under section 401 of this Act

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1) and (2) of subsection (a).

8 (c) ADJUSTMENTS.—The total amount authorized to

9 be appropriated pursuant to paragraphs (1) through (8)

10 of subsection (a) is the sum of the amounts authorized

11 to be appropriated in such paragraphs, reduced by—

12 (1) $8,463,000, which represents the combina13 tion of project savings in military family housing

14 construction resulting from favorable bids, reduced

15 overhead costs, and cancellations due to force struc16 ture changes; and

17 (2) $8,700,000, which represents the combina18 tion of savings resulting from adjustments to foreign

19 currency exchange rates for military construction

20 projects and the support of military family housing

21 outside the United States.
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1 SEC. 405. AUTHORIZATION OF MILITARY CONSTRUCTION

2 PROJECT AT NAVAL STATION, PASCAGOULA,

3 MISSISSIPPI, FOR WHICH FUNDS HAVE BEEN

4 APPROPRIATED.

5 (a) AUTHORIZATION.—The table in section 2201(a)

6 of the Military Construction Authorization Act for Fiscal

7 Year 1997 (division B of Public Law 104–201; 110 Stat.

8 2766) is amended—

9 (1) by striking out the amount identified as the

10 total and inserting in lieu thereof ‘‘$594,982,000’’;

11 and

12 (2) by inserting after the item relating to Sten13 nis Space Center, Mississippi, the following new

14 item:

‘‘Naval Station, Pascagoula ........................ $4,990,000’’.

15 (b) CONFORMING AMENDMENTS.—Section 2204(a)

16 of such Act (110 Stat. 2769) is amended—

17 (1) in the matter preceding the paragraphs, by

18 striking out ‘‘$2,213,731,000’’ and inserting in lieu

19 thereof ‘‘$2,218,721,000’’; and

20 (2) in paragraph (1), by striking out

21 ‘‘$579,312,000’’ and inserting in lieu thereof

22 ‘‘$584,302,000’’.
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1 SEC. 406. INCREASE IN AUTHORIZATION FOR MILITARY

2 CONSTRUCTION PROJECTS AT NAVAL STA3 TION, ROOSEVELT ROADS, PUERTO RICO.

4 (a) INCREASE.—The table in section 2201(b) of the

5 Military Construction Authorization Act for Fiscal Year

6 1997 (division B of Public Law 104–201; 110 Stat. 2767)

7 is amended—

8 (1) by striking out the amount identified as the

9 total and inserting in lieu thereof ‘‘$66,150,000’’;

10 and

11 (2) in the amount column of the item relating

12 to Naval Station, Roosevelt Roads, Puerto Rico, by

13 striking out ‘‘$23,600,000’’ and inserting in lieu

14 thereof ‘‘$24,100,000’’.

15 (b) CONFORMING AMENDMENT.—Section 2204(b)(4)

16 of such Act (110 Stat. 2770) is amended by striking out

17 ‘‘$14,100,000’’ and inserting in lieu thereof

18 ‘‘$14,600,000’’.

19 TITLE V—MILITARY

20 CONSTRUCTION, AIR FORCE

21 SEC. 501. AUTHORIZED AIR FORCE CONSTRUCTION AND

22 LAND ACQUISITION PROJECTS.

23 (a) INSIDE THE UNITED STATES.—Using amounts

24 appropriated pursuant to the authorization of appropria25 tions in section 504(a)(1), the Secretary of the Air Force

26 may acquire real property and carry out military construc-
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1 tion projects for the installations and locations inside the

2 United States, and in the amounts, set forth in the follow3 ing table:

Air Force: Inside the United States

State Installation or Location Amount

Alabama ................................. Maxwell Air Force Base ................... $14,874,000

Alaska .................................... Clear Air Station .............................. $67,069,000

Eielson Air Force Base .................... $13,764,000

Elmendorf Air Force Base ............... $6,100,000

Indian Mountain ............................... $1,991,000

Arizona .................................. Luke Air Force Base ........................ $10,000,000

Arkansas ................................ Little Rock Air Force Base .............. $3,400,000

California ............................... Edwards Air Force Base .................. $2,887,000

Vandenberg Air Force Base ............. $26,876,000

Colorado ................................ Buckley Air National Guard Base ... $6,718,000

Falcon Air Force Station ................. $10,551,000

Peterson Air Force Base .................. $4,081,000

United States Air Force Academy ... $15,229,000

Florida ................................... Eglin Auxiliary Field 9 .................... $6,470,000

MacDill Air Force Base ................... $9,643,000

Georgia .................................. Moody Air Force Base ..................... $6,800,000

Robins Air Force Base ..................... $27,763,000

Idaho ..................................... Mountain Home Air Force Base ...... $30,669,000

Kansas ................................... McConnell Air Force Base ............... $14,519,000

Louisiana ............................... Barksdale Air Force Base ................ $19,410,000

Mississippi ............................. Keesler Air Force Base .................... $30,855,000

Missouri ................................. Whiteman Air Force Base ............... $17,419,000

Montana ................................ Malmstrom Air Force Base .............. $4,500,000

Nevada ................................... Nellis Air Force Base ....................... $1,950,000

New Jersey ............................ McGuire Air Force Base .................. $18,754,000

New Mexico ........................... Kirtland Air Force Base .................. $20,300,000

North Carolina ...................... Pope Air Force Base ........................ $10,956,000

North Dakota ........................ Grand Forks Air Force Base ........... $8,560,000

Minot Air Force Base ...................... $5,200,000

Ohio ....................................... Wright-Patterson Air Force Base .... $19,350,000

Oklahoma .............................. Altus Air Force Base ....................... $11,000,000

Tinker Air Force Base ..................... $9,655,000

Vance Air Force Base ...................... $7,700,000

South Carolina ...................... Shaw Air Force Base ....................... $6,072,000

South Dakota ........................ Ellsworth Air Force Base ................ $6,600,000

Tennessee .............................. Arnold Air Force Base ..................... $20,650,000

Texas ..................................... Dyess Air Force Base ...................... $10,000,000

Laughlin Air Force Base ................. $4,800,000

Randolph Air Force Base ................. $2,488,000

Utah ...................................... Hill Air Force Base .......................... $6,470,000

Virginia .................................. Langley Air Force Base ................... $4,031,000

Washington ............................ Fairchild Air Force Base ................. $20,316,000

McChord Air Force Base ................. $6,470,000

CONUS Classified ................. Classified Location ........................... $6,175,000

Total ..................................... $559,085,000

4 (b) OUTSIDE THE UNITED STATES.—Using amounts

5 appropriated pursuant to the authorization of appropria6 tions in section 504(a)(2), the Secretary of the Air Force
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1 may acquire real property and carry out military construc2 tion projects for the installations and locations outside the

3 United States, and in the amounts, set forth in the follow4 ing table:

Air Force: Outside the United States

Country Installation or Location Amount

Germany ................................ Spangdahlem Air Base ..................... $18,500,000

Italy ....................................... Aviano Air Base ............................... $15,220,000

Korea ..................................... Kunsan Air Base .............................. $10,325,000

Portugal ................................. Lajes Field, Azores .......................... $4,800,000

United Kingdom .................... Royal Air Force, Lakenheath ........... $11,400,000

Overseas Classified ................ Classified Location ........................... $29,100,000

Total ..................................... $89,345,000

5 SEC. 502. FAMILY HOUSING.

6 (a) CONSTRUCTION AND ACQUISITION.—Using

7 amounts appropriated pursuant to the authorization of ap8 propriations in section 504(a)(5)(A), the Secretary of the

9 Air Force may construct or acquire family housing units

10 (including land acquisition) at the installations, for the

11 purposes, and in the amounts set forth in the following

12 table:

Air Force: Family Housing

State Installation or Location Purpose Amount

California ...................... Edwards Air Force

Base ......................... 51 Units .......... $8,500,000

Travis Air Force Base 70 Units .......... $9,714,000

Vandenberg Air Force

Base ......................... 108 Units ........ $17,100,000

Delaware ....................... Dover Air Force Base Ancillary Facility ................ $831,000

District of Columbia ..... Bolling Air Force Base 46 Units .......... $5,100,000

Florida .......................... MacDill Air Force Base 58 Units .......... $10,000,000

Tyndall Air Force Base 32 Units .......... $4,200,000

Georgia ......................... Robins Air Force Base 60 Units .......... $6,800,000

Idaho ............................ Mountain Home Air

Force Base ............... 60 Units .......... $11,032,000

Kansas .......................... McConnell Air Force

Base ......................... 19 Units .......... $2,951,000
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Air Force: Family Housing—Continued

State Installation or Location Purpose Amount

McConnell Air Force

Base ......................... Ancillary Facility ................ $581,000

Mississippi .................... Columbus Air Force

Base ......................... 50 Units .......... $6,200,000

Keesler Air Force Base 40 Units .......... $5,000,000

Montana ....................... Malmstrom Air Force

Base ......................... 100 Units ........ $17,842,000

New Mexico .................. Kirtland Air Force

Base ......................... 180 Units ........ $20,900,000

North Dakota ............... Grand Forks Air Force

Base ......................... 42 Units .......... $7,936,000

Texas ............................ Dyess Air Force Base .. 70 Units .......... $10,503,000

Goodfellow Air Force

Base ......................... 3 Units ............ $500,000

Lackland Air Force

Base ......................... 50 Units .......... $7,400,000

Wyoming ...................... F. E. Warren Air

Force Base ............... 52 Units .......... $6,853,000

Total .... $159,943,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 504(a)(5)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $11,971,000.

8 SEC. 503. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 504(a)(5)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $123,795,000.
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1 SEC. 504. AUTHORIZATION OF APPROPRIATIONS, AIR

2 FORCE.

3 (a) IN GENERAL.—Funds are hereby authorized to

4 be appropriated for fiscal years beginning after September

5 30, 1997, for military construction, land acquisition, and

6 military family housing functions of the Department of the

7 Air Force in the total amount of $1,791,640,000 as fol8 lows:

9 (1) For military construction projects inside the

10 United States authorized by section 501(a),

11 $559,085,000.

12 (2) For military construction projects outside

13 the United States authorized by section 501(b),

14 $89,345,000.

15 (3) For unspecified minor construction projects

16 authorized by section 2805 of title 10, United States

17 Code, $8,545,000.

18 (4) For architectural and engineering services

19 and construction design under section 2807 of title

20 10, United States Code, $44,880,000.

21 (5) For military housing functions:

22 (A) For construction and acquisition, plan23 ning and design, and improvement of military

24 family housing and facilities, $295,709,000.

25 (B) For support of military family housing

26 (including the functions described in section
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1 2833 of title 10, United States Code),

2 $830,234,000.

3 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and

6 any other cost variation authorized by law, the total cost

7 of all projects carried out under section 501 of this Act

8 may not exceed the total amount authorized to be appro9 priated under paragraphs (1) and (2) of subsection (a).

10 (c) ADJUSTMENTS.—The total amount authorized to

11 be appropriated pursuant to paragraphs (1) through (5)

12 of subsection (a) is the sum of the amounts authorized

13 to be appropriated in such paragraphs, reduced by—

14 (1) $23,858,000, which represents the combina15 tion of project savings in military construction re16 sulting from favorable bids, reduced overhead costs,

17 and cancellations due to force structure changes;

18 and

19 (2) $12,300,000, which represents the combina20 tion of savings resulting from adjustments to foreign

21 currency exchange rates for military construction

22 projects and the support of military family housing

23 outside the United States.
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1 SEC. 505. AUTHORIZATION OF MILITARY CONSTRUCTION

2 PROJECT AT MCCONNELL AIR FORCE BASE,

3 KANSAS, FOR WHICH FUNDS HAVE BEEN AP4 PROPRIATED.

5 (a) AUTHORIZATION.—The table in section 2301(a)

6 of the Military Construction Authorization Act for Fiscal

7 Year 1997 (division B of Public Law 104–201; 110 Stat.

8 2771) is amended—

9 (1) by striking out the amount identified as the

10 total and inserting in lieu thereof ‘‘$610,534,000’’;

11 and

12 (2) in the amount column of the item relating

13 to McConnell Air Force Base, Kansas, by striking

14 out ‘‘$19,130,000’’ and inserting in lieu thereof

15 ‘‘$25,830,000’’.

16 (b) CONFORMING AMENDMENTS.—Section 2304(a)

17 of such Act (110 Stat. 2774) is amended—

18 (1) in the matter preceding paragraph (1), by

19 striking out ‘‘$1,894,594,000’’ and inserting in lieu

20 thereof ‘‘$1,901,294,000’’ and

21 (2) in paragraph (1), by striking out

22 ‘‘$603,834,000’’ and inserting in lieu thereof

23 ‘‘$610,534,000’’.
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1 TITLE VI—MILITARY CONSTRUC2 TION, DEFENSE AGENCIES

3 SEC. 601. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts

6 appropriated pursuant to the authorization of appropria7 tions in section 605(a)(1), the Secretary of Defense may

8 acquire real property and carry out military construction

9 projects for the installations and locations inside the Unit10 ed States, and in the amounts, set forth in the following

11 table:

Defense Agencies: Inside the United States

Agency Installation or Location Amount

Defense Commissary Agency Fort Lee, Virginia ............................ $9,300,000

Defense Finance and Accounting Service ................ Columbus Center, Ohio .................... $9,722,000

Naval Air Station, Millington, Tennessee ............................................ $6,906,000

Naval Station, Norfolk, Virginia ...... $12,800,000

Naval Station, Pearl Harbor, Hawaii $10,000,000

Defense Intelligence Agency .. Bolling Air Force Base, District of

Columbia ....................................... $7,000,000

Redstone Arsenal, Alabama ............. $32,700,000

Defense Logistics Agency ...... Defense Distribution Depot—

DDNV, Virginia ........................... $16,656,000

Defense Distribution New Cumberland—DDSP, Pennsylvania .... $15,500,000

Defense Fuel Support Point, Craney

Island, Virginia ............................. $22,100,000

Defense General Supply Center,

Richmond (DLA), Virginia .......... $5,200,000

Elmendorf Air Force Base, Alaska .. $21,700,000

Naval Air Station, Jacksonville,

Florida .......................................... $9,800,000

Truax Field, Wisconsin .................... $4,500,000

Westover Air Reserve Base, Massachusetts ......................................... $4,700,000

CONUS Various, CONUS Various .. $11,275,000

Defense Medical Facilities

Office ................................. Fort Campbell, Kentucky ................. $13,600,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or Location Amount

Fort Detrick, Maryland .................... $4,650,000

Fort Lewis, Washington ................... $5,000,000

Hill Air Force Base, Utah ............... $3,100,000

Holloman Air Force Base, New

Mexico ........................................... $3,000,000

Lackland Air Force Base, Texas ..... $3,000,000

Marine Corps Combat Development

Command, Quantico, Virginia ...... $19,000,000

McGuire Air Force Base, New Jersey ................................................. $35,217,000

Naval Air Station, Pensacola, Florida ................................................. $2,750,000

Naval Station, Everett, Washington $7,500,000

Naval Station, San Diego, California $2,100,000

Naval Submarine Base, New London, Connecticut ........................... $2,300,000

Robins Air Force Base, Georgia ...... $19,000,000

Wright-Patterson Air Force Base,

Ohio .............................................. $2,750,000

National Security Agency ...... Fort Meade, Maryland ..................... $29,700,000

Special Operations Command Eglin Auxiliary Field 9, Florida ...... $8,550,000

Fort Benning, Georgia ..................... $12,314,000

Fort Bragg, North Carolina ............. $9,800,000

Mississippi Army Ammunition

Plant, Mississippi ......................... $9,900,000

Naval Station, Pearl Harbor, Hawaii $7,400,000

Naval Amphibious Base, Coronado,

California ...................................... $7,400,000

Total ..................................... $407,890,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 605(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installation and location outside the Unit6 ed States, and in the amount, set forth in the following

7 table:

Defense Agencies: Outside the United States

Agency Installation or Location Amount

Defense Logistics Agency ...... Defense Fuel Support Point, Guam $16,000,000

Total ......................................... $16,000,000
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1 SEC. 602. MILITARY HOUSING PLANNING AND DESIGN.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 605(a)(13)(A), the

4 Secretary of Defense may carry out architectural and en5 gineering services and construction design activities with

6 respect to the construction or improvement of military

7 family housing units in an amount not to exceed $50,000.

8 SEC. 603. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriation in section 605(a)(13)(A),

13 the Secretary of Defense may improve existing military

14 family housing units in an amount not to exceed

15 $4,900,000.

16 SEC. 604. ENERGY CONSERVATION PROJECTS.

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 605(a)(11), the Sec19 retary of Defense may carry out energy conservation

20 projects under section 2865 of title 10, United States

21 Code.

22 SEC. 605. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

23 AGENCIES.

24 (a) IN GENERAL.—Funds are hereby authorized to

25 be appropriated for fiscal years beginning after September

26 30, 1997, for military construction, land acquisition, and
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1 military family housing functions of the Department of

2 Defense (other than the military departments), in the total

3 amount of $2,743,670,000 as follows:

4 (1) For military construction projects inside the

5 United States authorized by section 601(a),

6 $407,890,000.

7 (2) For military construction projects outside

8 the United States authorized by section 601(b),

9 $16,000,000.

10 (3) For military construction projects at Annis11 ton Army Depot, Alabama, ammunition demilitariza12 tion facility, authorized by section 2101(a) of the

13 Military Construction Authorization Act for Fiscal

14 Year 1993 (division B of the Public Law 102–484;

15 106 Stat. 2587), which was originally authorized as

16 an Army construction project, but which became a

17 Defense Agencies construction project by reason of

18 the amendments made by section 142 of the Na19 tional Defense Authorization Act for Fiscal Year

20 1995 (Public Law 103–337; 108 Stat. 2689),

21 $9,900,000.

22 (4) For military construction projects at Walter

23 Reed Army Institute of Research, Maryland, hospital

24 replacement, authorized by section 2401(a) of the

25 Military Construction Authorization Act for Fiscal
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1 Year 1993 (division B of Public Law 102–484; 106

2 Stat. 2599), $20,000,000.

3 (5) For military construction projects at

4 Umatilla Army Depot, Oregon, authorized by section

5 2401(a) of the Military Construction Authorization

6 Act for Fiscal Year 1995 (division B of the Public

7 Law 103–337; 108 Stat. 3040), as amended by sec8 tion 2407 of the Military Construction Authorization

9 Act for Fiscal Year 1996 (division B of Public Law

10 104–106; 110 Stat. 539) and section 2408(2) of this

11 Act, $57,427,000.

12 (6) For military construction projects at De13 fense Finance and Accounting Service, Columbus,

14 Ohio, authorized by section 2401(a) of the Military

15 Construction Authorization Act of Fiscal Year 1996

16 (division B of Public Law 104–106; 110 Stat. 535),

17 $14,200,000.

18 (7) For military construction projects at Naval

19 Hospital, Portsmouth, Virginia, hospital replace20 ment, authorized by section 2401(a) of the Military

21 Construction Authorization Act for Fiscal Years

22 1990 and 1991 (division B of Public Law 101–189;

23 103 Stat. 1640), $17,000,000.
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1 (8) For contingency construction projects of the

2 Secretary of Defense under section 2804 of title 10,

3 United States Code, $4,000,000.

4 (9) For unspecified minor construction projects

5 under section 2805 of title 10, United States Code,

6 $26,075,000.

7 (10) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $48,850,000.

10 (11) For energy conservation projects author11 ized by section 2404, $25,000,000.

12 (12) For base closure and realignment activities

13 as authorized by the Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of

15 Public Law 101–510; 10 U.S.C. 2687 note),

16 $2,060,854,000.

17 (13) For military family housing functions:

18 (A) For improvement and planning of mili19 tary family housing and facilities, $4,950,000.

20 (B) For support of military housing (in21 cluding functions described in section 2833 of

22 title 10, United States Code), $32,724,000 of

23 which not more than $27,673,000 may be obli24 gated or expended for the leasing of military

25 family housing units worldwide.
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1 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variation author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variations authorized by law, the total cost

5 of all projects carried out under section 601 of this Act

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1) and (2) of subsection (a).

8 (c) ADJUSTMENT.—The total amount authorized to

9 be appropriated pursuant to paragraphs (1) through (13)

10 of subsection (a) is the sum of the amounts authorized

11 to be appropriated in such paragraphs, reduced by

12 $1,200,000, which represents the combination of savings

13 resulting from adjustments to foreign currency exchange

14 rates for military construction projects and the support

15 of military family housing outside the United States.

16 SEC. 606. CLARIFICATION OF AUTHORITY RELATING TO

17 FISCAL YEAR 1997 PROJECT AT NAVAL STA18 TION, PEARL HARBOR, HAWAII.

19 The table in section 2401(a) of the Military Construc20 tion Authorization Act for Fiscal Year 1997 (division B

21 of Public Law 104–201; 110 Stat. 2775) is amended in

22 the item relating to Special Operations Command, Naval

23 Station, Ford Island, Pearl Harbor, Hawaii, in the instal24 lation or location column by striking out ‘‘Naval Station,
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1 Ford Island, Pearl Harbor, Hawaii’’ and inserting in lieu

2 thereof ‘‘Naval Station, Pearl Harbor, Hawaii’’.

3 SEC. 607. CORRECTION IN AUTHORIZED USES OF FUNDS,

4 MCCLELLAN AIR FORCE BASE, CALIFORNIA.

5 (a) AUTHORITY TO USE PRIOR YEAR FUNDS.—The

6 Secretary of Defense may carry out the military construc7 tion projects referred to in subsection (b), in the amounts

8 specified in that subsection, using amounts appropriated

9 pursuant to the authorization of appropriations in section

10 2405(a)(1) of the Military Construction Authorization Act

11 for Fiscal Year 1995 (division B of Public Law 103–337;

12 108 Stat. 3042) for a military construction project involv13 ing the upgrade of the hospital facility at McClellan Air

14 Force Base, California, as authorized by section 2401 of

15 such Act (108 Stat. 3040).

16 (b) COVERED PROJECTS.—Funds available under

17 subsection (a) may be used for military construction

18 projects as follows:

19 (1) Construction of an addition to the

20 Aeromedical Clinic at Anderson Air Base, Guam,

21 $3,700,000.

22 (2) Construction of an occupational health clin23 ic facility at Tinker Air Force Base, Oklahoma,

24 $6,500,000.
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1 SEC. 608. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 1995 PROJECTS.

3 The table in section 2401 of the Military Construc4 tion Authorization Act for Fiscal Year 1995 (division B

5 of Public Law 103–337; 108 Stat. 3040), as amended by

6 section 2407 of the Military Construction Authorization

7 Act for Fiscal Year 1996 (division B of Public Law 104–

8 106; 110 Stat. 539), under the agency heading relating

9 to Chemical Weapons and Munitions Destruction, is

10 amended—

11 (1) in the item relating to Pine Bluff Arsenal,

12 Arkansas, by striking out ‘‘$115,000,000’’ in the

13 amount column and inserting in lieu thereof

14 ‘‘$134,000,000’’; and

15 (2) in the item relating to Umatilla Army

16 Depot, Oregon, by striking out ‘‘$186,000,000’’ in

17 the amount column and inserting in lieu thereof

18 ‘‘$187,000,000’’.

19 TITLE VII—NORTH ATLANTIC

20 TREATY ORGANIZATION SE21 CURITY INVESTMENT PRO22 GRAM

23 SEC. 701. AUTHORIZED NATO CONSTRUCTION AND LAND

24 ACQUISITION PROJECTS.

25 The Secretary of Defense may make contributions for

26 the North Atlantic Treaty Organization Security Invest-
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1 ment program as provided in section 2806 of title 10,

2 United States Code, in an amount not to exceed the sum

3 of the amount authorized to be appropriated for this pur4 pose in section 702 and the amount collected from the

5 North Atlantic Treaty Organization as a result of con6 struction previously financed by the United States.

7 SEC. 702. AUTHORIZATION OF APPROPRIATIONS, NATO.

8 Funds are hereby authorized to be appropriated for

9 fiscal years beginning after September 30, 1997, for con10 tributions by the Secretary of Defense under section 2806

11 of title 10, United States Code, for the share of the United

12 States of the cost of projects for the North Atlantic Treaty

13 Organization Security Investment program authorized by

14 section 701, in the amount of $152,600,000.

15 TITLE VIII—GUARD AND

16 RESERVE FORCES FACILITIES

17 SEC. 801. AUTHORIZED GUARD AND RESERVE CONSTRUC18 TION AND LAND ACQUISITION PROJECTS.

19 (a) IN GENERAL.—There are authorized to be appro20 priated for fiscal years beginning after September 30,

21 1997, for the costs of acquisition, architectural and engi22 neering services, and construction of facilities for the

23 Guard and Reserve Forces, and for contributions therefor,

24 under chapter 1803 of title 10, United States Code (in-
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1 cluding the cost of acquisition of land for those facilities),

2 the following amounts:

3 (1) For the Department of the Army—

4 (A) for the Army National Guard of the

5 United States, $113,750,000; and

6 (B) for the Army Reserve, $66,267,000.

7 (2) For the Department of the Navy, for the

8 Naval and Marine Corps Reserve, $47,329,000.

9 (3) For the Department of the Air Force—

10 (A) for the Air National Guard of the

11 United States, $190,444,000; and

12 (B) for the Air Force Reserve,

13 $30,243,000.

14 (b) ADJUSTMENT.—The amount authorized to be ap15 propriated pursuant to subsection (a)(1)(B) is reduced by

16 $7,900,000, which represents the combination of project

17 savings in military construction resulting from favorable

18 bids, reduced overhead costs, and cancellations due to

19 force structure changes.

20 SEC. 802. AUTHORIZATION OF MILITARY CONSTRUCTION

21 PROJECTS FOR WHICH FUNDS HAVE BEEN

22 APPROPRIATED.

23 (a) ARMY NATIONAL GUARD, HILO, HAWAII.—Para24 graph (1)(A) of section 2601 of the Military Construction

25 Authorization Act for Fiscal Year 1997 (division B of
185

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1 Public Law 104–201; 110 Stat. 2780) is amended by

2 striking out ‘‘$59,194,000’’ and inserting in lieu thereof

3 ‘‘$65,094,000’’ to account for a project involving additions

4 and alterations to an Army aviation support facility in

5 Hilo, Hawaii.

6 (b) NAVAL AND MARINE CORPS RESERVE, NEW OR7 LEANS.—Paragraph (2) of such section is amended by

8 striking out ‘‘$32,779,000’’ and inserting in lieu thereof

9 ‘‘$37,579,000’’ to account for a project for the construc10 tion of a bachelor enlisted quarters at Naval Air Station,

11 New Orleans, Louisiana.

12 SEC. 803. ARMY RESERVE CONSTRUCTION PROJECT, CAMP

13 WILLIAMS, UTAH.

14 With regard to the military construction project for

15 the Army Reserve concerning construction of a reserve

16 center and organizational maintenance shop at Camp Wil17 liams, Utah, to be carried out using funds appropriated

18 pursuant to the authorization of appropriations in section

19 2601(a)(1)(B), the Secretary of the Army shall enter into

20 an agreement with the State of Utah under which the

21 State agrees to provide financial or in-kind contributions

22 toward land acquisition, site preparation, and relocation

23 costs in connection with the project.
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1 TITLE IX—EXPIRATION AND EX2 TENSION OF CERTAIN AU3 THORIZATIONS

4 SEC. 901. EXPIRATION OF MILITARY CONSTRUCTION AU5 THORIZATIONS AND AMOUNTS REQUIRED TO

6 BE SPECIFIED BY LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles III through VIII for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment program

13 (and authorizations of appropriations therefor) shall ex14 pire on the later of—

15 (1) October 1, 2000; or

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year

18 2001.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization Se23 curity Investment program (and authorizations of appro24 priations therefor), for which appropriated funds have

25 been obligated before the later of—
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1 (1) October 1, 2000; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2001 for military con4 struction projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 program.

8 SEC. 902. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1995 PROJECTS.

10 (a) EXTENSION.—Notwithstanding section 2701 of

11 the Military Construction Authorization Act for Fiscal

12 Year 1995 (division B of Public Law 103–337; 108 Stat.

13 3046), authorizations for the projects set forth in the ta14 bles in subsection (b), as provided in section 2101, 2201,

15 2202, 2301, 2302, 2401, or 2601 of such Act, shall re16 main in effect until October 1, 1998, or the date of the

17 enactment of an Act authorizing funds for military con18 struction for fiscal year 1999, whichever is later.

19 (b) TABLES.—The tables referred to in subsection (a)

20 are as follows:

Army: Extension of 1995 Project Authorization

State Installation or location Project Amount

California ................. Fort Irwin .............. National Training Center

Airfield

Phase I ........ $10,000,000
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Navy: Extension of 1995 Project Authorizations

State Installation or location Project Amount

Maryland ................. Indian Head Naval

Surface Warfare

Center ................. Upgrade Power

Plant ........... $4,000,000

Indian Head Naval

Surface Warfare

Center ................. Denitrification/

Acid Mixing

Facility ........ $6,400,000

Virginia .................... Norfolk Marine

Corps Security

Force Battalion

Atlantic ............... Bachelor Enlisted Quarters .............. $6,480,000

Washington .............. Naval Station, Everett ....................... New Construction (Housing Office) ... $780,000

CONUS Classified ... Classified Location Aircraft Fire

and Rescue

and Vehicle

Maintenance

Facilities ...... $2,200,000

Air Force: Extension of 1995 Project Authorizations

State Installation or location Project Amount

California ................. Beale Air Force

Base .................... Consolidated

Support Center ................ $10,400,000

Los Angeles Air

Force Station ..... Family Housing (50

units) ........... $8,962,000

North Carolina ........ Pope Air Force

Base .................... Combat Control

Team Facility ................ $2,450,000

Pope Air Force

Base .................... Fire Training

Facility ........ $1,100,000

Defense Agencies: Extension of 1995 Project Authorizations

State Installation or location Project Amount

Alabama ................... Anniston Army

Depot .................. Carbon Filtration System $5,000,000

Arkansas .................. Pine Bluff Arsenal Ammunition

Demilitarization Facility $115,000,000

California ................. Defense Contract

Management Area

Office, El

Segundo .............. Administrative

Building ....... $5,100,000
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Defense Agencies: Extension of 1995 Project

Authorizations—Continued

State Installation or location Project Amount

Oregon ..................... Umatilla Army

Depot .................. Ammunition

Demilitarization Facility $186,000,000

Army National Guard: Extension of 1995 Project

Authorizations

State Installation or location Project Amount

California ................. Camp Roberts ........ Modify Record

Fire/Maintenance Shop .. $3,910,000

Camp Roberts ........ Combat Pistol

Range .......... $952,000

Pennsylvania ............ Fort Indiantown

Gap ..................... Barracks ......... $6,200,000

Naval Reserve: Extension of 1995 Project Authorization

State Installation or location Project Amount

Georgia .................... Naval Air Station

Marietta .............. Training Center $2,650,000

1 SEC. 903. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1994 PROJECTS.

3 (a) EXTENSION.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1994 (division B of Public Law 103–160, 107 Stat.

6 1880), authorizations for the projects set forth in the ta7 bles in subsection (b), as provided in section 2201 or 2601

8 of such Act and extended by section 2702 of the Military

9 Construction Authorization Act for Fiscal Year 1997 (di10 vision B of Public Law 104–201; 110 Stat. 2783), shall

11 remain in effect until October 1, 1998, or the date of the

12 enactment of an Act authorizing funds for military con13 struction for fiscal year 1999, whichever is later.
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1 (b) TABLES.—The tables referred to in subsection (a)

2 are as follows:

Navy: Extension of 1994 Project Authorizations

State Installation or Location Project Amount

California ...................... Camp Pendleton Marine Corps Base ....... Sewage Facility $7,930,000

Connecticut ................... New London Naval

Submarine Base ....... Hazardous

Waste Transfer Facility .. $1,450,000

Army National Guard: Extension of 1994 Project Authorization

State Installation or Location Project Amount

New Mexico .................. White Sands Missile Range MATES ....................... $3,570,000

3 SEC. 904. EXTENSION OF AUTHORIZATIONS OF CERTAIN

4 FISCAL YEAR 1993 PROJECTS.

5 (a) EXTENSION.—Notwithstanding section 2701 of

6 the Military Construction Authorization Act for Fiscal

7 Year 1993 (division B of Public Law 102–484; 106 Stat.

8 2602), the authorizations for the projects set forth in the

9 tables in subsection (b), as provided in section 2101 or

10 2601 of such Act and extended by section 2702 of the

11 Military Construction Authorization Act for Fiscal Year

12 1996 (division B of Public Law 104–106; 110 Stat. 541)

13 and section 2703 of the Military Construction Authoriza14 tion Act for Fiscal Year 1997 (division B of Public Law

15 104–201; 110 Stat. 2784), shall remain in effect until Oc16 tober 1, 1998, or the date of the enactment of an Act

17 authorizing funds for military construction for fiscal year

18 1999, whichever is later.
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1 (b) TABLES.—The tables referred to in subsection (a)

2 are as follows:

Army: Extension of 1993 Project Authorization

State Installation or location Project Amount

Arkansas ........................ Pine Bluff Arsenal ............. Ammunition Demilitarization Support

Facility .................. $15,000,000

Army National Guard: Extension of 1993 Project Authorization

State Installation or Location Project Amount

Alabama ......................... Union Springs .................... Armory ...................... $813,000

3 SEC. 905. EXTENSION OF AUTHORIZATIONS OF CERTAIN

4 FISCAL YEAR 1992 PROJECTS.

5 (a) EXTENSION.—Notwithstanding section 2701 of

6 the Military Construction Authorization Act for Fiscal

7 Year 1992 (division B of Public Law 102–190; 105 Stat.

8 1535), authorizations for the projects set forth in the table

9 in subsection (b), as provided in section 2101 of such Act

10 and extended by section 2702 of the Military Construction

11 Authorization Act for Fiscal Year 1995 (division B of

12 Public Law 103–337; 108 Stat. 3047), section 2703 of

13 the Military Construction Authorization Act for Fiscal

14 Year 1996 (division B of Public Law 104–106; 110 Stat.

15 543), and section 2704 of the Military Construction Au16 thorization Act for Fiscal Year 1997 (division B of Public

17 Law 104–201; 110 Stat. 2785), shall remain in effect

18 until October 1, 1998, or the date of the enactment of

19 an Act authorizing funds for military construction for fis20 cal year 1999, whichever is later.
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1 (b) TABLE.—The table referred to in subsection (a)

2 is as follows:

Army: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Oregon ........................... Umatilla Army Depot ........ Ammunition Demilitarization Support

Facility .................. $3,600,000

Umatilla Army Depot ........ Ammunition Demilitarization Utilities $7,500,000

3 SEC. 906. EXTENSION OF AVAILABILITY OF FUNDS FOR

4 CONSTRUCTION OF RELOCATABLE OVER5 THE-HORIZON RADAR, NAVAL STATION ROO6 SEVELT ROADS, PUERTO RICO.

7 Amounts appropriated under the heading ‘‘DRUG

8 INTERDICTION AND COUNTER-DRUG ACTIVITIES, DE9 FENSE’’ in title VI of the Department of Defense Appro10 priations Act, 1995 (Public Law 103–335; 108 Stat.

11 2615), and transferred to the ‘‘Military Construction,

12 Navy’’ appropriation for construction of a relocatable

13 over-the-horizon radar at Naval Station Roosevelt Roads,

14 Puerto Rico, shall remain available for that purpose until

15 the later of—

16 (1) October 1, 1998; or

17 (2) the date of enactment of an Act authorizing

18 funds for military construction for fiscal year 1999.

19 SEC. 907. EFFECTIVE DATE.

20 Titles III, IV, V, VI, VII and VIII shall take effect

21 on the later of—
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1 (1) October 1, 1997; or

2 (2) the date of the enactment of this Act.

3 TITLE X—GENERAL MILITARY

4 CONSTRUCTION PROVISIONS

5 Subtitle A—Military Construction

6 Program and Military Family

7 Housing Changes

8 SEC. 1001. USE OF MOBILITY ENHANCEMENT FUNDS FOR

9 UNSPECIFIED MINOR CONSTRUCTION.

10 (a) CONGRESSIONAL NOTIFICATION.—Subsection

11 (b)(1) of section 2805 of title 10, United States Code, is

12 amended by adding at the end the following new sentence:

13 ‘‘This paragraph shall apply even though the project is

14 to be carried out using funds made available to enhance

15 the deployment and mobility of military forces and sup16 plies.’’.

17 (b) RESTRICTION ON USE OF OPERATION AND MAIN18 TENANCE FUNDS.—Subsection (c) of such section is

19 amended—

20 (1) in paragraph (1), by striking out ‘‘para21 graph (2)’’ and inserting in lieu thereof ‘‘paragraphs

22 (2) and (3)’’; and

23 (2) by adding at the end the following new

24 paragraph:
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1 ‘‘(3) The limitations specified in paragraph (1) shall

2 not apply to an unspecified minor military construction

3 project if the project is to be carried out using funds made

4 available to enhance the deployment and mobility of mili5 tary forces and supplies.’’.

6 (c) TECHNICAL AMENDMENTS.—Such section is fur7 ther amended—

8 (1) in subsection (a)(1)—

9 (A) by striking out ‘‘minor military con10 struction projects’’ in the first sentence and in11 serting in lieu thereof ‘‘unspecified minor mili12 tary construction projects’’;

13 (B) by striking out ‘‘A minor’’ in the sec14 ond sentence and inserting in lieu thereof ‘‘An

15 unspecified minor’’; and

16 (C) by striking out ‘‘a minor’’ in the last

17 sentence and inserting in lieu thereof ‘‘an un18 specified minor’’;

19 (2) in subsection (b)(1), by striking out ‘‘A

20 minor’’ and inserting in lieu thereof ‘‘An unspecified

21 minor’’;

22 (3) in subsection (b)(2), by striking out ‘‘a

23 minor’’ and inserting in lieu thereof ‘‘an unspecified

24 minor’’; and
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1 (4) in subsection (c), by striking out ‘‘unspec2 ified military’’ each place it appears and inserting in

3 lieu thereof ‘‘unspecified minor military’’.

4 SEC. 1002. LIMITATION ON USE OF OPERATION AND MAIN5 TENANCE FUNDS FOR FACILITY REPAIR

6 PROJECTS.

7 Section 2811 of title 10, United States Code, is

8 amended by adding at the end the following new sub9 sections:

10 ‘‘(d) CONGRESSIONAL NOTIFICATION.—When a deci11 sion is made to carry out a repair project under this sec12 tion with an estimated cost in excess of $10,000,000, the

13 Secretary concerned shall submit to the appropriate com14 mittees of Congress a report containing—

15 ‘‘(1) the justification for the repair project and

16 the current estimate of the cost of the project; and

17 ‘‘(2) the justification for carrying out the

18 project under this section.

19 ‘‘(e) REPAIR PROJECT DEFINED.—In this section,

20 the term ‘repair project’ means a project to restore a real

21 property facility, system, or component to such a condition

22 that it may effectively be used for its designated functional

23 purpose.’’.
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1 SEC. 1003. LEASING OF MILITARY FAMILY HOUSING, UNIT2 ED STATES SOUTHERN COMMAND, MIAMI,

3 FLORIDA.

4 (a) LEASES TO EXCEED MAXIMUM RENTAL.—Sec5 tion 2828(b) of title 10, United States Code, is amended—

6 (1) in paragraph (2), by striking out ‘‘para7 graph (3)’’ and inserting in lieu thereof ‘‘paragraphs

8 (3) and (4)’’;

9 (2) by redesignating paragraph (4) as para10 graph (5); and

11 (3) by inserting after paragraph (3) the follow12 ing new paragraph:

13 ‘‘(4) The Secretary of the Army may lease not more

14 than eight housing units in the vicinity of Miami, Florida,

15 for key and essential personnel, as designated by the Sec16 retary, for the United States Southern Command for

17 which the expenditure for the rental of such units (includ18 ing the cost of utilities, maintenance, and operation, in19 cluding security enhancements) exceeds the expenditure

20 limitations in paragraphs (2) and (3). The total amount

21 for all leases under this paragraph may not exceed

22 $280,000 per year, and no lease on any individual housing

23 unit may exceed $60,000 per year.’’.

24 (b) CONFORMING AMENDMENT.—Paragraph (5) of

25 such section, as redesignated by subsection (a)(2), is
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1 amended by striking out ‘‘paragraphs (2) and (3)’’ and

2 inserting in lieu thereof ‘‘paragraphs (2), (3), and (4)’’.

3 SEC. 1004. USE OF FINANCIAL INCENTIVES PROVIDED AS

4 PART OF ENERGY SAVINGS AND WATER CON5 SERVATION ACTIVITIES.

6 (a) ENERGY SAVINGS.—Section 2865 of title 10,

7 United States Code, is amended—

8 (1) in subsection (b)—

9 (A) in paragraph (1), by striking out ‘‘and

10 financial incentives described in subsection

11 (d)(2)’’;

12 (B) in paragraph (2), by striking out ‘‘sec13 tion 2866(b)’’ both places it appears and insert14 ing in lieu thereof ‘‘section 2866(a)(3)’’; and

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(3) Financial incentives received from gas or electric

18 utilities under subsection (d)(2), and from utilities for

19 management of water demand or water conservation under

20 section 2866(a)(2) of this title, shall be credited to an ap21 propriation designated by the Secretary of Defense.

22 Amounts so credited shall be merged with the appropria23 tion to which credited and shall be available for the same

24 purposes and the same period as the appropriation with

25 which merged.’’; and
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1 (2) in subsection (f), by adding at the end the

2 following new sentence: ‘‘The Secretary shall also in3 clude in each report the types and amount of finan4 cial incentives received under subsection (d)(2) and

5 section 2866(a)(2) of this title during the period

6 covered by the report and the appropriation account

7 or accounts to which the incentives were credited.’’.

8 (b) WATER CONSERVATION.—Section 2866(b) of

9 such title is amended to read as follows:

10 ‘‘(b) USE OF FINANCIAL INCENTIVES AND WATER

11 COST SAVINGS.—(1) Financial incentives received under

12 subsection (a)(2) shall be used as provided in section

13 2865(b)(3) of this title.

14 ‘‘(2) Water cost savings realized under subsection

15 (a)(3) shall be used as provided in section 2865(b)(2) of

16 this title.’’.

17 SEC. 1005. CONGRESSIONAL NOTIFICATION REQUIRE18 MENTS REGARDING USE OF DEPARTMENT OF

19 DEFENSE HOUSING FUNDS FOR INVEST20 MENTS IN NONGOVERNMENTAL ENTITIES.

21 Section 2875 of title 10, United States Code, is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(e) CONGRESSIONAL NOTIFICATION REQUIRED.—

25 Amounts in the Department of Defense Family Housing
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1 Improvement Fund or the Department of Defense Military

2 Unaccompanied Housing Improvement Fund may be used

3 to make a cash investment under this section in a non4 governmental entity only after the end of the 30-day pe5 riod beginning on the date the Secretary of Defense sub6 mits written notice of, and justification for, the investment

7 to the appropriate committees of Congress.’’.

8 Subtitle B—Real Property And

9 Facilities Administration

10 SEC. 1011. INCREASE IN CEILING FOR MINOR LAND ACQUI11 SITION PROJECTS.

12 (a) INCREASE.—Section 2672 of title 10, United

13 States Code, is amended by striking out ‘‘$200,000’’ both

14 places it appears in subsection (a) and inserting in lieu

15 thereof ‘‘$500,000’’.

16 (b) CLERICAL AMENDMENTS.—(1) The section head17 ing for such section is amended to read as follows:

18 ‘‘§ 2672. Acquisition: interests in land when cost is

19 not more than $500,000’’.

20 (2) The table of sections at the beginning of chapter

21 159 of such title is amended by striking out the item relat22 ing to section 2672 and inserting in lieu thereof the follow23 ing new item:

‘‘2672. Acquisition: interests in land when cost is not more than $500,000.’’.
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1 SEC. 1012. PERMANENT AUTHORITY REGARDING CONVEY2 ANCE OF UTILITY SYSTEMS.

3 (a) IN GENERAL.—Chapter 159 of title 10, United

4 States Code, is amended by inserting after section 2687

5 the following new section:

6 ‘‘§ 2688. Utility systems: conveyance authority

7 ‘‘(a) CONVEYANCE AUTHORITY.—The Secretary of a

8 military department may convey a utility system, or part

9 of a utility system, under the jurisdiction of the Secretary

10 to a municipal, private, regional, district, or cooperative

11 utility company or other entity. The conveyance may con12 sist of all right, title, and interest of the United States

13 in the utility system or such lesser estate as the Secretary

14 considers appropriate to serve the interests of the United

15 States.

16 ‘‘(b) SELECTION OF CONVEYEE.—If more than one

17 utility or entity referred to in subsection (a) notifies the

18 Secretary concerned of an interest in a conveyance under

19 such subsection, the Secretary shall carry out the convey20 ance through the use of competitive procedures.

21 ‘‘(c) CONSIDERATION.—(1) The Secretary concerned

22 shall require as consideration for a conveyance under sub23 section (a) an amount equal to the fair market value (as

24 determined by the Secretary) of the right, title, or interest

25 of the United States conveyed. The consideration may

26 take the form of—
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1 ‘‘(A) a lump sum payment; or

2 ‘‘(B) a reduction in charges for utility services

3 provided by the utility or entity concerned to the

4 military installation at which the utility system is lo5 cated.

6 ‘‘(2) If the utility services proposed to be provided

7 as consideration under paragraph (1) are subject to regu8 lation by a Federal or State agency, any reduction in the

9 rate charged for the utility services shall be subject to es10 tablishment or approval by that agency.

11 ‘‘(d) TREATMENT OF PAYMENTS.—(1) A lump sum

12 payment received under subsection (c) shall be credited,

13 at the election of the Secretary concerned—

14 ‘‘(A) to an appropriation of the military depart15 ment concerned available for the procurement of the

16 same utility services as are provided by the utility

17 system conveyed under this section;

18 ‘‘(B) to an appropriation of the military depart19 ment available for carrying out energy savings

20 projects or water conservation projects; or

21 ‘‘(C) to an appropriation of the military depart22 ment available for improvements to other utility sys23 tems.

24 ‘‘(2) Amounts so credited shall be merged with funds

25 in the appropriation to which credited and shall be avail-
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1 able for the same purposes, and subject to the same condi2 tions and limitations, as the appropriation with which

3 merged.

4 ‘‘(e) NOTICE-AND-WAIT REQUIREMENT.—The Sec5 retary concerned may not make a conveyance under sub6 section (a) until—

7 ‘‘(1) the Secretary submits to the Committee on

8 Armed Services and the Committee on Appropria9 tions of the Senate and the Committee on National

10 Security and the Committee on Appropriations of

11 the House of Representatives an economic analysis

12 (based upon accepted life-cycle costing procedures

13 approved by the Secretary of Defense) demonstrat14 ing that—

15 ‘‘(A) the long-term economic benefit of the

16 conveyance to the United States exceeds the

17 long-term economic cost of the conveyance to

18 the United States; and

19 ‘‘(B) the conveyance will reduce the long20 term costs of the United States for utility serv21 ices provided by the utility system concerned;

22 and

23 ‘‘(2) a period of 21 days has elapsed after the

24 date on which the economic analysis is received by

25 the committees.
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1 ‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary concerned may require such additional terms

3 and conditions in connection with a conveyance under sub4 section (a) as the Secretary considers appropriate to pro5 tect the interests of the United States.

6 ‘‘(g) UTILITY SYSTEM DEFINED.—(1) In this sec7 tion, the term ‘utility system’ means any of the following:

8 ‘‘(A) A system for the generation and supply of

9 electric power.

10 ‘‘(B) A system for the treatment or supply of

11 water.

12 ‘‘(C) A system for the collection or treatment of

13 wastewater.

14 ‘‘(D) A system for the generation or supply of

15 steam, hot water, and chilled water.

16 ‘‘(E) A system for the supply of natural gas.

17 ‘‘(F) A system for the transmission of tele18 communications.

19 ‘‘(2) The term ‘utility system’ includes the following:

20 ‘‘(A) Equipment, fixtures, structures, and other

21 improvements utilized in connection with a system

22 referred to in paragraph (1).

23 ‘‘(B) Easements and rights-of-ways associated

24 with a system referred to in that paragraph.
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1 ‘‘(h) LIMITATION.—This section shall not apply to

2 projects constructed or operated by the Army Corps of En3 gineers under its civil works authorities.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of such chapter is amended by inserting

6 after the item relating to section 2687 the following new

7 item:

‘‘2688. Utility systems: conveyance authority.’’.

8 SEC. 1013. ADMINISTRATIVE EXPENSES FOR CERTAIN REAL

9 PROPERTY TRANSACTIONS.

10 (a) ACCEPTANCE AUTHORIZED.—Chapter 159 of

11 title 10, United States Code, is amended by adding at the

12 end the following new section:

13 ‘‘§ 2695. Acceptance of funds to cover administrative

14 expenses relating to certain real property

15 transactions

16 ‘‘(a) AUTHORITY TO ACCEPT.—In connection with a

17 real property transaction referred to in subsection (b) with

18 a non-Federal person or entity, the Secretary of a military

19 department may accept amounts provided by the person

20 or entity to cover administrative expenses incurred by the

21 Secretary in entering into the transaction.

22 ‘‘(b) COVERED TRANSACTIONS.—Subsection (a) ap23 plies to the following transactions:

24 ‘‘(1) The exchange of real property.
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1 ‘‘(2) The grant of an easement over, in, or upon

2 real property of the United States.

3 ‘‘(3) The lease or license of real property of the

4 United States.

5 ‘‘(c) USE OF AMOUNTS COLLECTED.—Amounts col6 lected under subsection (a) for administrative expenses

7 shall be credited to the appropriation, fund, or account

8 from which the expenses were paid. Amounts so credited

9 shall be merged with funds in such appropriation, fund,

10 or account and shall be available for the same purposes

11 and subject to the same limitations as the funds with

12 which merged.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 159 of such title is amended

15 by adding at the end the following new item:

‘‘2695. Acceptance of funds to cover administrative expenses relating to certain

real property transactions.’’.

16 SEC. 1014. SCREENING OF REAL PROPERTY TO BE CON17 VEYED BY DEPARTMENT OF DEFENSE.

18 (a) REQUIREMENT.—(1) Chapter 159 of title 10,

19 United States Code, is amended by inserting after section

20 2695, as added by section 1013, the following new section:

21 ‘‘§ 2696. Screening of real property for further Fed22 eral use before conveyance

23 ‘‘(a) SCREENING REQUIREMENT.—The Secretary

24 concerned may not convey real property that is authorized
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1 or required to be conveyed, whether for or without consid2 eration, by any provision of law unless the Administrator

3 of General Services has screened the property for further

4 Federal use in accordance with the Federal Property and

5 Administrative Services Act of 1949 (40 U.S.C. 471 et

6 seq.).

7 ‘‘(b) TIME FOR SCREENING.—(1) Before the end of

8 the 30-day period beginning on the date of the enactment

9 of a provision of law authorizing or requiring the convey10 ance of a parcel of real property by the Secretary con11 cerned, the Administrator of General Services shall com12 plete the screening required by paragraph (1) with regard

13 to the real property and notify the Secretary concerned

14 of the results of the screening. The notice shall include—

15 ‘‘(A) the name of the Federal agency requesting

16 transfer of the property;

17 ‘‘(B) the proposed use to be made of the prop18 erty by the Federal agency; and

19 ‘‘(C) the fair market value of the property, in20 cluding any improvements thereon, as estimated by

21 the Administrator.

22 ‘‘(2) If the Administrator fails to complete the screen23 ing and notify the Secretary concerned within such period,

24 the Secretary concerned shall proceed with the conveyance
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1 of the real property as provided in the provision of law

2 authorizing or requiring the conveyance.

3 ‘‘(c) NOTICE OF FURTHER FEDERAL USE.—If the

4 Administrator of General Services notifies the Secretary

5 concerned under subsection (b) that further Federal use

6 of a parcel of real property authorized or required to be

7 conveyed by any provision of law is requested by a Federal

8 agency, the Secretary concerned shall submit a copy of

9 the notice to Congress.

10 ‘‘(d) CONGRESSIONAL DISAPPROVAL.—If the Sec11 retary concerned submits a notice under subsection (c)

12 with regard to a parcel of real property, the Secretary con13 cerned may not proceed with the conveyance of the real

14 property as provided in the provision of law authorizing

15 or requiring the conveyance if Congress enacts a law re16 scinding the conveyance authority or requirement before

17 the end of the 180-day period beginning on the date on

18 which the Secretary concerned submits the notice.

19 ‘‘(e) EXCEPTED CONVEYANCE AUTHORITIES.—The

20 screening requirements of this section shall not apply to

21 real property authorized or required to be conveyed under

22 any of the following provisions of law:

23 ‘‘(1) Section 2687 of this title.
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1 ‘‘(2) Title II of the Defense Authorization

2 Amendments and Base Closure and Realignment

3 Act (Public Law 100–526; 10 U.S.C. 2687 note).

4 ‘‘(3) The Defense Base Closure and Realign5 ment Act of 1990 (part A of title XXIX of Public

6 Law 101–510; 10 U.S.C. 2687 note).

7 ‘‘(4) Any provision of law authorizing the clo8 sure or realignment of a military installation that is

9 enacted after the date of enactment of the National

10 Defense Authorization Act for Fiscal Year 1998.

11 ‘‘(5) Title II of the Federal Property and Ad12 ministrative Services Act of 1949 (40 U.S.C. 481 et

13 seq.).

14 ‘‘(6) Any specific provision of law authorizing

15 or requiring the transfer of administrative jurisdic16 tion over a parcel of real property between Federal

17 agencies.’’.

18 (2) The table of sections at the beginning of such

19 chapter is amended by inserting after the item relating

20 to section 2695, as added by section 1013, the following

21 new item:

‘‘2696. Screening of real property for further Federal use before conveyance.’’.

22 (b) APPLICABILITY.—Section 2696 of title 10, United

23 States Code, as added by subsection (a) of this section,

24 shall apply with respect to any real property authorized

25 or required to be conveyed under a provision of law cov-
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1 ered by such section that is enacted after December 31,

2 1997.

3 SEC. 1015. DISPOSITION OF PROCEEDS OF SALE OF AIR

4 FORCE PLANT NO. 78, BRIGHAM CITY, UTAH.

5 Notwithstanding section 204(h)(2)(A) of the Federal

6 Property and Administrative Services Act of 1949 (40

7 U.S.C. 485(h)(2)(A)), the entire amount deposited by the

8 Administrator of General Services in the special account

9 in the Treasury (established under section 204(h)(2) of

10 such Act) as a result of the sale of Air Force Plant No.

11 78, Brigham City, Utah, shall be available, to the extent

12 provided in appropriations Acts, to the Secretary of the

13 Air Force for facility maintenance, facility repair, and en14 vironmental restoration at other industrial plants of the

15 Air Force.

16 SEC. 1016. FIRE PROTECTION AND HAZARDOUS MATERIALS

17 PROTECTION AT FORT MEADE, MARYLAND.

18 (a) PLAN.—Not later than 120 days after the date

19 of the enactment of this Act, the Secretary of the Army

20 shall submit to the congressional defense committees a

21 plan to address the requirements for fire protection serv22 ices and hazardous materials protection services at Fort

23 Meade, Maryland, including the National Security Agency

24 at Fort Meade, as identified in the preparedness evalua-
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1 tion report of the Army Corps of Engineers regarding

2 Fort Meade.

3 (b) ELEMENTS.—The plan shall include the follow4 ing:

5 (1) A schedule for the implementation of the

6 plan.

7 (2) A detailed list of funding options available

8 to provide centrally located, modern facilities and

9 equipment to meet current requirements for fire pro10 tection services and hazardous materials protection

11 services at Fort Meade.

12 Subtitle C—Defense Base Closure

13 and Realignment

14 SEC. 1021. CONSIDERATION OF MILITARY INSTALLATIONS

15 AS SITES FOR NEW FEDERAL FACILITIES.

16 (a) 1988 LAW.—Section 204(b)(5) of the Defense

17 Authorization Amendments and Base Closure and Re18 alignment Act (Public Law 100–526; 10 U.S.C. 2687

19 note) is amended—

20 (1) in subparagraph (A), by striking out ‘‘sub21 paragraph (B)’’ and inserting in lieu thereof ‘‘sub22 paragraphs (B) and (C)’’; and

23 (2) by adding at the end the following new sub24 paragraph:
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1 ‘‘(C)(i) Before acquiring non-Federal real property as

2 the location for a new or replacement Federal facility of

3 any type, the head of the Federal agency acquiring the

4 property shall consult with the Secretary regarding the

5 feasibility and cost advantages of using Federal property

6 or facilities at a military installation closed or realigned

7 or to be closed or realigned under this title as the location

8 for the new or replacement facility. In considering the

9 availability and suitability of a specific military installa10 tion, the Secretary and the head of the Federal agency

11 involved shall obtain the concurrence of the redevelopment

12 authority with respect to the installation and comply with

13 the redevelopment plan for the installation.

14 ‘‘(ii) Not later than 30 days after acquiring non-Fed15 eral real property as the location for a new or replacement

16 Federal facility, the head of the Federal agency acquiring

17 the property shall submit to Congress a report containing

18 the results of the consultation under clause (i) and the

19 reasons why military installations referred to in such

20 clause that are located within the area to be served by

21 the new or replacement Federal facility or within a 200-

22 mile radius of the new or replacement facility, whichever

23 area is greater, were considered to be unsuitable or un24 available for the site of the new or replacement facility.
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1 ‘‘(iii) This subparagraph shall apply during the pe2 riod beginning on the date of the enactment of the Na3 tional Defense Authorization Act for Fiscal Year 1998 and

4 ending on July 31, 2001.’’.

5 (b) 1990 LAW.—Section 2905(b)(5) of the Defense

6 Base Closure and Realignment Act of 1990 (Public Law

7 101–510; 10 U.S.C. 2687 note) is amended—

8 (1) in subparagraph (A), by striking out ‘‘sub9 paragraph (B)’’ and inserting in lieu thereof ‘‘sub10 paragraphs (B) and (C)’’; and

11 (2) by adding at the end the following new sub12 paragraph:

13 ‘‘(C)(i) Before acquiring non-Federal real property as

14 the location for a new or replacement Federal facility of

15 any type, the head of the Federal agency acquiring the

16 property shall consult with the Secretary regarding the

17 feasibility and cost advantages of using Federal property

18 or facilities at a military installation closed or realigned

19 or to be closed or realigned under this part as the location

20 for the new or replacement facility. In considering the

21 availability and suitability of a specific military installa22 tion, the Secretary and the head of the Federal agency

23 involved shall obtain the concurrence of the redevelopment

24 authority with respect to the installation and comply with

25 the redevelopment plan for the installation.
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1 ‘‘(ii) Not later than 30 days after acquiring non-Fed2 eral real property as the location for a new or replacement

3 Federal facility, the head of the Federal agency acquiring

4 the property shall submit to Congress a report containing

5 the results of the consultation under clause (i) and the

6 reasons why military installations referred to in such

7 clause that are located within the area to be served by

8 the new or replacement Federal facility or within a 200-

9 mile radius of the new or replacement facility, whichever

10 area is greater, were considered to be unsuitable or un11 available for the site of the new or replacement facility.

12 ‘‘(iii) This subparagraph shall apply during the pe13 riod beginning on the date of the enactment of the Na14 tional Defense Authorization Act for Fiscal Year 1998 and

15 ending on July 31, 2001.’’.

16 SEC. 1022. ADJUSTMENT AND DIVERSIFICATION ASSIST17 ANCE TO ENHANCE PERFORMANCE OF MILI18 TARY FAMILY SUPPORT SERVICES BY PRI19 VATE SECTOR SOURCES.

20 Section 2391(b)(5) of title 10, United States Code,

21 is amended by adding at the end the following new sub22 paragraph:

23 ‘‘(C) The Secretary of Defense may also make grants,

24 conclude cooperative agreements, and supplement other

25 Federal funds in order to assist a State or local govern-
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1 ment in enhancing the capabilities of the government to

2 support efforts of the Department of Defense to privatize,

3 contract for, or diversify the performance of military fam4 ily support services in cases in which the capability of the

5 Department to provide such services is adversely affected

6 by an action described in paragraph (1).’’.

7 SEC. 1023. SECURITY, FIRE PROTECTION, AND OTHER

8 SERVICES AT PROPERTY FORMERLY ASSOCI9 ATED WITH RED RIVER ARMY DEPOT, TEXAS.

10 (a) AUTHORITY TO ENTER INTO AGREEMENT.—(1)

11 The Secretary of the Army may enter into an agreement

12 with the local redevelopment authority for Red River Army

13 Depot, Texas, under which agreement the Secretary pro14 vides security services, fire protection services, or hazard15 ous material response services for the authority with re16 spect to the property at the depot that is under the juris17 diction of the authority as a result of the realignment of

18 the depot under the base closure laws.

19 (2) The Secretary may not enter into the agreement

20 unless the Secretary determines that the provision of serv21 ices under the agreement is in the best interests of the

22 United States.

23 (b) REIMBURSEMENT.—The agreement under sub24 section (a) shall provide for reimbursing the Secretary for
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1 the services provided by the Secretary under the agree2 ment.

3 (c) TREATMENT OF REIMBURSEMENT.—Any

4 amounts received by the Secretary under subsection (b)

5 as reimbursement for services provided under the agree6 ment entered into under subsection (a) shall be credited

7 to the appropriations providing funds for the services.

8 Amounts so credited shall be merged with the appropria9 tions to which credited and shall be available for the pur10 poses, and subject to the conditions and limitations, for

11 which such appropriations are available.

12 SEC. 1024. REPORT ON CLOSURE AND REALIGNMENT OF

13 MILITARY INSTALLATIONS.

14 (a) REPORT.—(1) The Secretary of Defense shall

15 prepare and submit to the congressional defense commit16 tees a report on the costs and savings attributable to the

17 rounds of base closures and realignments conducted under

18 the base closure laws and on the need, if any, for addi19 tional rounds of base closures and realignments.

20 (2) For purposes of this section, the term ‘‘base clo21 sure laws’’ means—

22 (A) Title II of the Defense Authorization

23 Amendments and Base Closure and Realignment

24 Act (Public Law 100–526; 10 U.S.C. 2687 note);

25 and
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1 (B) the Defense Base Closure and Realignment

2 Act of 1990 (part A of title XXIX of Public Law

3 101–510; 10 U.S.C. 2687 note).

4 (b) ELEMENTS.—The report under subsection (a)

5 shall include the following:

6 (1) A statement, using data consistent with

7 budget data, of the actual costs and savings (to the

8 extent available for prior fiscal years) and the esti9 mated costs and savings (in the case of future fiscal

10 years) attributable to the closure and realignment of

11 military installations as a result of the base closure

12 laws.

13 (2) A comparison, set forth by base closure

14 round, of the actual costs and savings stated under

15 paragraph (1) to the estimates of costs and savings

16 submitted to the Defense Base Closure and Realign17 ment Commission as part of the base closure proc18 ess.

19 (3) A comparison, set forth by base closure

20 round, of the actual costs and savings stated under

21 paragraph (1) to the annual estimates of costs and

22 savings previously submitted to Congress.

23 (4) A list of each military installation at which

24 there is authorized to be employed 300 or more civil25 ian personnel, set forth by Armed Force.
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1 (5) An estimate of current excess capacity at

2 military installations, set forth—

3 (A) as a percentage of the total capacity of

4 the military installations of the Armed Forces

5 with respect to all military installations of the

6 Armed Forces;

7 (B) as a percentage of the total capacity of

8 the military installations of each Armed Force

9 with respect to the military installations of such

10 Armed Force; and

11 (C) as a percentage of the total capacity of

12 a type of military installations with respect to

13 military installations of such type.

14 (6) An assessment of the effect of the previous

15 base closure rounds on military capabilities and the

16 ability of the Armed Forces to fulfill the National

17 Military Strategy.

18 (7) A description of the types of military instal19 lations that would be recommended for closure or re20 alignment in the event of one or more additional

21 base closure rounds, set forth by Armed Force.

22 (8) The criteria to be used by the Secretary in

23 evaluating military installations for closure or re24 alignment in such event.
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1 (9) The methodologies to be used by the Sec2 retary in identifying military installations for closure

3 or realignment in such event.

4 (10) An estimate of the costs and savings that

5 the Secretary believes will be achieved as a result of

6 the closure or realignment of military installations

7 in such event, set forth by Armed Force and by

8 year.

9 (11) An assessment of whether the costs and

10 estimated savings from one or more future rounds of

11 base closures and realignments, currently unauthor12 ized, are already contained in the current Future

13 Years Defense Plan, and, if not, whether the Sec14 retary will recommend modifications in future de15 fense spending in order to accommodate such costs

16 and savings.

17 (c) METHOD OF PRESENTING INFORMATION.—The

18 statement and comparison required by paragraphs (1) and

19 (2) of subsection (b) shall be set forth by Armed Force,

20 type of facility, and fiscal year, and include the following:

21 (1) Operation and maintenance costs, including

22 costs associated with expanded operations and sup23 port, maintenance of property, administrative sup24 port, and allowances for housing at military installa-
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1 tions to which functions are transferred as a result

2 of the closure or realignment of other installations.

3 (2) Military construction costs, including costs

4 associated with rehabilitating, expanding, and con5 structing facilities to receive personnel and equip6 ment that are transferred to military installations as

7 a result of the closure or realignment of other instal8 lations.

9 (3) Environmental cleanup costs, including

10 costs associated with assessments and restoration.

11 (4) Economic assistance costs, including—

12 (A) expenditures on Department of De13 fense demonstration projects relating to eco14 nomic assistance;

15 (B) expenditures by the Office of Eco16 nomic Adjustment; and

17 (C) to the extent available, expenditures by

18 the Economic Development Administration, the

19 Federal Aviation Administration, and the De20 partment of Labor relating to economic assist21 ance.

22 (5) To the extent information is available, un23 employment compensation costs, early retirement

24 benefits (including benefits paid under section 5597

25 of title 5, United States Code), and worker retrain-
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1 ing expenses under the Priority Placement Program,

2 the Job Training Partnership Act, and any other

3 Federally-funded job training program.

4 (6) Costs associated with military health care.

5 (7) Savings attributable to changes in military

6 force structure.

7 (8) Savings due to lower support costs with re8 spect to military installations that are closed or re9 aligned.

10 (d) DEADLINE.—The Secretary shall submit the re11 port under subsection (a) not later than the date on which

12 the President submits to Congress the budget for fiscal

13 year 2000 under section 1105(a) of title 31, United States

14 Code.

15 (e) REVIEW.—The Congressional Budget Office and

16 the Comptroller General shall conduct a review of the re17 port prepared under subsection (a).

18 (f) PROHIBITION ON USE OF FUNDS.—Except as

19 necessary to prepare the report required subsection (a),

20 no funds authorized to be appropriated or otherwise made

21 available to the Department of Defense by this Act or any

22 other Act may be used for the purposes of planning for,

23 or collecting data in anticipation of, an authorization pro24 viding for procedures under which the closure and realign-
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1 ment of military installations may be accomplished, until

2 the later of—

3 (1) the date on which the Secretary submits the

4 report required by subsection (a); and

5 (2) the date on which the Congressional Budget

6 Office and the Comptroller General complete a re7 view of the report under subsection (e).

8 (g) SENSE OF CONGRESS.—It is the sense of the

9 Congress that—

10 (1) the Secretary should develop a system hav11 ing the capacity to quantify the actual costs and sav12 ings attributable to the closure and realignment of

13 military installations pursuant to the base closure

14 process; and

15 (2) the Secretary should develop the system in

16 expedient fashion, so that the system may be used

17 to quantify costs and savings attributable to the

18 1995 base closure round.

19 SEC. 1025. SENSE OF SENATE REGARDING UTILIZATION OF

20 SAVINGS DERIVED FROM BASE CLOSURE

21 PROCESS.

22 (a) FINDINGS.—The Senate makes the following

23 findings:

24 (1) Since 1988, the Department of Defense has

25 conducted four rounds of closures and realignments
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1 of military installations in the United States, result2 ing in the closure of 97 installations.

3 (2) The cost of carrying out the closure or re4 alignment of installations covered by such rounds is

5 estimated by the Secretary of Defense to be

6 $23,000,000,000.

7 (3) The savings expected as a result of the clo8 sure or realignment of such installations are esti9 mated by the Secretary to be $10,300,000,000

10 through fiscal year 1996 and $36,600,000,000

11 through 2001.

12 (4) In addition to such savings, the Secretary

13 has estimated recurring savings as a result of the

14 closure or realignment of such installations of ap15 proximately $5,600,000,000 annually.

16 (5) The fiscal year 1997 budget request for the

17 Department assumed a savings of between

18 $2,000,000,000 and $3,000,000,000 as a result of

19 the closure or realignment of such installations,

20 which savings were to be dedicated to the mod21 ernization of the Armed Forces. The savings as22 sumed in the budget request were not realized.

23 (6) The fiscal year 1998 budget request for the

24 Department assumes a savings of $5,000,000,000 as

25 a result of the closure or realignment of such instal-
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1 lations, which savings are to be dedicated to the

2 modernization of the Armed Forces.

3 (b) SENSE OF SENATE ON USE OF SAVINGS RESULT4 ING FROM BASE CLOSURE PROCESS.—It is the sense of

5 the Senate that the savings identified in the report under

6 section 2824 should be made available to the Department

7 of Defense solely for purposes of the modernization of new

8 weapon systems (including research, development, test,

9 and evaluation relating to such modernization) and should

10 be used by the Department solely for such purposes.

11 SEC. 1026. PROHIBITION AGAINST CERTAIN CONVEYANCES

12 OF PROPERTY AT NAVAL STATION, LONG

13 BEACH, CALIFORNIA.

14 (a) PROHIBITION AGAINST DIRECT CONVEYANCE.—

15 In disposing of real property in connection with the closure

16 of Naval Station, Long Beach, California, under the De17 fense Base Closure and Realignment Act of 1990 (part

18 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

19 note), the Secretary of the Navy may not convey any por20 tion of the property (by sale, lease, or other method) to

21 the China Ocean Shipping Company or any legal successor

22 or subsidiary of that Company (in this section referred

23 to as ‘‘COSCO’’).

24 (b) PROHIBITION AGAINST INDIRECT CONVEY25 ANCE.—The Secretary of the Navy shall impose as a con-
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1 dition on each conveyance of real property located at

2 Naval Station, Long Beach, California, the requirement

3 that the property may not be subsequently conveyed (by

4 sale, lease, or other method) to COSCO.

5 (c) REVERSIONARY INTEREST.—If the Secretary of

6 the Navy determines at any time that real property located

7 at Naval Station, Long Beach, California, and conveyed

8 under the Defense Base Closure and Realignment Act of

9 1990 has been conveyed to COSCO in violation of sub10 section (b) or is otherwise being used by COSCO in viola11 tion of such subsection, all right, title, and interest in and

12 to the property shall revert to the United States, and the

13 United States shall have immediate right of entry thereon.

14 (d) NATIONAL SECURITY REPORT AND DETERMINA15 TION.—Not later than 30 days after the date of the enact16 ment of this Act, the Secretary of Defense and the Direc17 tor of the Federal Bureau of Investigation shall separately

18 submit to the President and the congressional defense

19 committees a report regarding the potential national secu20 rity implications of conveying property described in sub21 section (a) to COSCO. Each report shall specifically iden22 tify any increased risk of espionage, arms smuggling, or

23 other illegal activities that could result from a conveyance

24 to COSCO and recommend appropriate action to address

25 any such risk.
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1 (e) WAIVER AUTHORITY.—(1) The President may

2 waive the prohibitions contained in this section with re3 spect to a conveyance of property described in subsection

4 (a) to COSCO if the President determines that—

5 (A) appropriate action has been taken to ad6 dress any increased national security risk identified

7 in the reports required by subsection (d); and

8 (B) the conveyance would not adversely affect

9 national security or significantly increase the

10 counter-intelligence burden on the intelligence com11 munity.

12 (2) Any waiver under paragraph (1) shall take effect

13 30 days after the date on which the President notifies the

14 Speaker of the House of Representatives and the Presi15 dent of the Senate of the President’s determination to use

16 the waiver authority provided under this subsection.

17 Subtitle D—Land Conveyances

18 PART I—ARMY CONVEYANCES

19 SEC. 1031. LAND CONVEYANCE, ARMY RESERVE CENTER,

20 GREENSBORO, ALABAMA.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of

22 the Army may convey, without consideration, to Hale

23 County, Alabama, all right, title, and interest of the Unit24 ed States in and to a parcel of real property consisting

25 of approximately 5.17 acres and located at the Army Re-
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1 serve Center, Greensboro, Alabama, that was conveyed by

2 Hale County, Alabama, to the United States by warranty

3 deed dated September 12, 1988.

4 (b) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal description of the property to be conveyed under

6 subsection (a) shall be as described in the deed referred

7 to in that subsection.

8 (c) ADDITIONAL TERMS AND CONDITIONS.—The

9 Secretary may require such additional terms and condi10 tions in connection with the conveyance under subsection

11 (a) as the Secretary considers appropriate to protect the

12 interests of the United States.

13 SEC. 1032. LAND CONVEYANCE, JAMES T. COKER ARMY RE14 SERVE CENTER, DURANT, OKLAHOMA.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Army may convey, without consideration, to Big Five

17 Community Services, Incorporated, a nonprofit organiza18 tion operating in Durant, Oklahoma, all right, title, and

19 interest of the United States in and to a parcel of real

20 property located at 1500 North First Street in Durant,

21 Oklahoma, and containing the James T. Coker Army Re22 serve Center, if the Secretary determines that the Reserve

23 Center is excess to the needs of the Armed Forces.

24 (b) CONDITION OF CONVEYANCE.—The conveyance

25 authorized under subsection (a) shall be subject to the
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1 condition that Big Five Community Services, Incor2 porated, retain the conveyed property for educational pur3 poses.

4 (c) REVERSION.—If the Secretary determines at any

5 time that the real property conveyed under subsection (a)

6 is not being used for the purpose specified in subsection

7 (b), all right, title, and interest in and to the real property,

8 including any improvements thereon, shall revert to the

9 United States, and the United States shall have the right

10 of immediate entry thereon.

11 (d) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of the real property to be conveyed

13 under subsection (a) shall be determined by a survey satis14 factory to the Secretary. The cost of the survey shall be

15 borne by Big Five Community Services, Incorporated.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection

19 (a) as the Secretary considers appropriate to protect the

20 interests of the United States.

21 SEC. 1033. LAND CONVEYANCE, GIBSON ARMY RESERVE

22 CENTER, CHICAGO, ILLINOIS.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of

24 the Army may convey, without consideration, to the

25 Lawndale Business and Local Development Corporation
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1 (in this section referred to as the ‘‘Corporation’’), a non2 profit organization organized in the State of Illinois, all

3 right, title, and interest of the United States in and to

4 a parcel of real property, including improvements thereon,

5 that is located at 4454 West Cermak Road in Chicago,

6 Illinois, and contains the Gibson Army Reserve Center.

7 (b) CONDITION OF CONVEYANCE.—The conveyance

8 under subsection (a) shall be subject to the condition that

9 the Corporation—

10 (1) use the conveyed property, directly or

11 through an agreement with a public or private en12 tity, for economic redevelopment purposes; or

13 (2) convey the property to an appropriate public

14 or private entity for use for such purposes.

15 (c) REVERSION.—If the Secretary determines at any

16 time that the real property conveyed under subsection (a)

17 is not being used for economic redevelopment purposes,

18 as required by subsection (b), all right, title, and interest

19 in and to the property, including any improvements there20 on, shall revert to the United States, and the United

21 States shall have the right of immediate entry onto the

22 property.

23 (d) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) shall be determined by a survey satis-
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1 factory to the Secretary. The cost of the survey shall be

2 borne by the Corporation.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyance under subsection

6 (a) as the Secretary considers appropriate to protect the

7 interests of the United States.

8 SEC. 1034. LAND CONVEYANCE, FORT A. P. HILL, VIRGINIA.

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of

10 the Army may convey to Caroline County, Virginia (in this

11 section referred to as the ‘‘County’’), all right, title, and

12 interest of the United States in and to a parcel of unim13 proved real property consisting of approximately 10 acres

14 located at Fort A. P. Hill, Virginia. The purpose of the

15 conveyance is to permit the County to establish a solid

16 waste transfer and recycling facility on the property.

17 (b) CONSIDERATION.—As consideration for the con18 veyance under subsection (a), the County shall permit the

19 Army, at no cost to the Army, to dispose of not less than

20 1,800 tons of solid waste annually at the facility estab21 lished on the conveyed property. The obligation of the

22 County to accept solid waste under this subsection shall

23 not commerce until after the solid waste transfer and recy24 cling facility on the conveyed property becomes oper25 ational, and the establishment of a solid waste collection
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1 and transfer site on the .36-acre parcel described in sub2 section (d)(2) shall not be construed to impose the obliga3 tion.

4 (c) DISCLAIMER.—The United States shall not be re5 sponsible for the provision or cost of utilities or any other

6 improvements necessary to carry out the conveyance under

7 subsection (a) or to establish or operate the solid waste

8 transfer and recycling facility intended for the property.

9 (d) REVERSION.—(1) Except as provided in para10 graph (2), if the Secretary determines that a solid waste

11 transfer and recycling facility is not operational, before

12 December 31, 1999, on the real property conveyed under

13 subsection (a), all right, title, and interest in and to such

14 real property, including any improvements thereon, shall

15 revert to the United States, and the United States shall

16 have the right of immediate entry thereon.

17 (2) Paragraph (1) shall not apply with respect to a

18 parcel of approximately .36 acres of the approximately 10-

19 acre parcel to be conveyed under subsection (a), which is

20 included in the larger conveyance to permit the County

21 to establish a solid waste collection and transfer site for

22 residential waste.

23 (e) ADDITIONAL TERMS AND CONDITIONS.—The

24 Secretary may require such additional terms and condi25 tions in connection with the conveyance under subsection
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1 (a) as the Secretary considers appropriate to protect the

2 interests of the United States.

3 SEC. 1035. LAND CONVEYANCES, FORT DIX, NEW JERSEY.

4 (a) CONVEYANCES AUTHORIZED.—(1) The Secretary

5 of the Army may convey, without consideration, to the

6 Borough of Wrightstown, New Jersey (in this section re7 ferred to as the ‘‘Borough’’), all right, title, and interest

8 of the United States in and to a parcel of real property

9 (including improvements thereon) consisting of approxi10 mately 39.69 acres located at Fort Dix, New Jersey, for

11 the purpose of permitting the Borough to develop the par12 cel for economic purposes.

13 (2) The Secretary may convey, without consideration,

14 to the New Hanover Board of Education (in this section

15 referred to as the ‘‘Board’’), all right, title, and interest

16 of the United States in and to an additional parcel of real

17 property (including improvements thereon) at Fort Dix

18 consisting of approximately five acres for the purpose of

19 permitting the Board to develop the parcel for educational

20 purposes.

21 (b) CONDITIONS OF CONVEYANCE.—(1) The convey22 ance under subsection (a)(1) shall be subject to the condi23 tion that the Borough—
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1 (A) use the conveyed property, directly or

2 through an agreement with a public or private en3 tity, for economic development purposes; or

4 (B) convey the property to an appropriate pub5 lic or private entity for use for such purposes.

6 (2) The conveyance under subsection (a)(2) shall be

7 subject to the condition that Board develop and use the

8 conveyed property for educational purposes.

9 (c) REVERSION.—(1) If the Secretary determines at

10 any time that the real property conveyed under subsection

11 (a)(1) is not being used for economic development pur12 poses, as required by subsection (b)(1), all right, title, and

13 interest in and to the property conveyed under subsection

14 (a)(1), including any improvements thereon, shall revert

15 to the United States, and the United States shall have

16 the right of immediate entry thereon.

17 (2) If the Secretary determines at any time that the

18 real property conveyed under subsection (a)(2) is not

19 being used for educational purposes, as required by sub20 section (b)(2), all right, title, and interest in and to the

21 property conveyed under subsection (a)(2), including any

22 improvements thereon, shall revert to the United States,

23 and the United States shall have the right of immediate

24 entry thereon.
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1 (d) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a) shall be determined by surveys satis4 factory to the Secretary. The cost of the survey in connec5 tion with the conveyance under subsection (a)(1) shall be

6 borne by the Borough, and the cost of the survey in con7 nection with the conveyance under subsection (a)(2) shall

8 be borne by the Board.

9 (e) ADDITIONAL TERMS AND CONDITIONS.—The

10 Secretary may require such additional terms and condi11 tions in connection with the conveyances under subsection

12 (a) as the Secretary considers appropriate to protect the

13 interests of the United States.

14 SEC. 1036. LAND CONVEYANCES, FORT BRAGG, NORTH

15 CAROLINA.

16 (a) CONVEYANCES AUTHORIZED.—(1) The Secretary

17 of the Army may convey, without consideration, to the

18 Town of Spring Lake, North Carolina (in this section re19 ferred to as the ‘‘Town’’), all right, title, and interest of

20 the United States in and to a parcel of unimproved real

21 property consisting of approximately 50 acres located at

22 Fort Bragg, North Carolina.

23 (2) The Secretary may convey, without consideration,

24 to Harnett County, North Carolina (in this section re25 ferred to as the ‘‘County’’), all right, title, and interest
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1 of the United States in and to a parcel of real property

2 (including improvements thereon), known as Tract No.

3 404–2, consisting of approximately 157 acres located at

4 Fort Bragg.

5 (3) The Secretary may convey, at fair market value,

6 to the County all right, title, and interest of the United

7 States in and to a parcel of real property (including im8 provements thereon), known as Track 404–1, consisting

9 of approximately 137 acres located at Fort Bragg.

10 (b) CONDITIONS OF CONVEYANCE.—(1) The convey11 ance under subsection (a)(1) shall be subject to the condi12 tion that the Town use the conveyed property for access

13 to a waste treatment facility and for economic develop14 ment purposes.

15 (2) The conveyance under subsection (a)(2) shall be

16 subject to the condition that County develop and use the

17 conveyed property for educational purposes.

18 (c) REVERSION.—(1) If the Secretary determines at

19 any time that the real property conveyed under subsection

20 (a)(1) is not being used in accordance with subsection

21 (b)(1), all right, title, and interest in and to the property

22 conveyed under subsection (a)(1), including any improve23 ments thereon, shall revert to the United States, and the

24 United States shall have the right of immediate entry

25 thereon.
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•S 1339 IS

1 (2) If the Secretary determines at any time that the

2 real property conveyed under subsection (a)(2) is not

3 being used in accordance with subsection (b)(2), all right,

4 title, and interest in and to the property conveyed under

5 subsection (a)(2), including any improvements thereon,

6 shall revert to the United States, and the United States

7 shall have the right of immediate entry thereon.

8 (d) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by surveys satis11 factory to the Secretary. The cost of the survey in connec12 tion with the conveyance under subsection (a)(1) shall be

13 borne by the Town, and the cost of the survey in connec14 tion with the conveyances under paragraphs (2) and (3)

15 of subsection (a) shall be borne by the County.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions in connection with the conveyances under subsection

19 (a) as the Secretary considers appropriate to protect the

20 interests of the United States.

21 SEC. 1037. LAND CONVEYANCE, HAWTHORNE ARMY AMMU22 NITION DEPOT, MINERAL COUNTY, NEVADA.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of

24 the Army may convey, without consideration, to Mineral

25 County, Nevada (in this section referred to as the ‘‘Coun-
236

•S 1339 IS

1 ty’’), all right, title, and interest of the United States in

2 and to a parcel of excess real property, including improve3 ments thereon, consisting of approximately 33.1 acres lo4 cated at Hawthorne Army Ammunition Depot, Mineral

5 County, Nevada, and commonly referred to as the Schweer

6 Drive Housing Area, for the purpose of permitting the

7 County to develop the parcel for economic purposes.

8 (b) CONDITIONS OF CONVEYANCE.—The conveyance

9 authorized by subsection (a) shall be subject to the follow10 ing conditions:

11 (1) That the County accept the conveyed prop12 erty subject to such easements and rights of way in

13 favor of the United States as the Secretary considers

14 appropriate.

15 (2) That the County, if the County sells any

16 portion of the property conveyed under subsection

17 (a) before the end of the 10-year period beginning

18 on the date of enactment of this Act, pay to the

19 United States an amount equal to the lesser of—

20 (A) the amount of sale of the property

21 sold; or

22 (B) the fair market value of the property

23 sold as determined without taking into account

24 any improvements to such property by the

25 County.
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•S 1339 IS

1 (c) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property to be conveyed

3 under subsection (a), and of any easement or right of way

4 granted under subsection (b)(1), shall be determined by

5 a survey satisfactory to the Secretary. The cost of the sur6 vey shall be borne by the County.

7 (d) ADDITIONAL TERMS AND CONDITIONS.—The

8 Secretary may require such additional terms and condi9 tions in connection with the conveyance under subsection

10 (a), and any easement or right of way granted under sub11 section (b)(1), as the Secretary considers appropriate to

12 protect the interests of the United States.

13 SEC. 1038. EXPANSION OF LAND CONVEYANCE AUTHORITY,

14 INDIANA ARMY AMMUNITION PLANT,

15 CHARLESTOWN, INDIANA.

16 (a) ADDITIONAL CONVEYANCE.—Subsection (a) of

17 section 2858 of the National Defense Authorization Act

18 for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

19 571) is amended—

20 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

21 the Army’’; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(2) The Secretary may also convey to the State,

25 without consideration, an additional parcel of real prop-
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•S 1339 IS

1 erty at the Indiana Army Ammunition Plant consisting

2 of approximately 500 acres located along the Ohio River.’’.

3 (b) CONFORMING AMENDMENTS.—Such section is

4 further amended by striking out ‘‘conveyance’’ both places

5 it appears in subsections (b) and (d) and inserting in lieu

6 thereof ‘‘conveyances’’.

7 SEC. 1039. MODIFICATION OF LAND CONVEYANCE,

8 LOMPOC, CALIFORNIA.

9 (a) CHANGE IN AUTHORIZED USES OF LAND.—Sec10 tion 834(b)(1) of the Military Construction Authorization

11 Act, 1985 (Public Law 98–407; 98 Stat. 1526), is amend12 ed by striking out subparagraphs (A) and (B) and insert13 ing in lieu thereof the following new subparagraphs:

14 ‘‘(A) for educational and recreational purposes;

15 ‘‘(B) for open space; or’’.

16 (b) CONFORMING DEED CHANGES.—With respect to

17 the land conveyance made pursuant to section 834 of the

18 Military Construction Authorization Act, 1985, the Sec19 retary of the Army shall execute and file in the appro20 priate office or offices an amended deed or other appro21 priate instrument effectuating the changes to the author22 ized uses of the conveyed property resulting from the

23 amendment made by subsection (a).
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1 SEC. 1040. MODIFICATION OF LAND CONVEYANCE, ROCKY

2 MOUNTAIN ARSENAL, COLORADO.

3 Section 5(c)(1) of Public Law 102–402 (106 Stat.

4 1966; 16 U.S.C. 668dd note) is amended by striking out

5 the second sentence and inserting in lieu thereof the fol6 lowing new sentence: ‘‘The Administrator shall convey the

7 transferred property to Commerce City, Colorado, for con8 sideration in an amount equal to the fair market value

9 of the property (as determined jointly by the Adminis10 trator and the City).’’.

11 SEC. 1041. CORRECTION OF LAND CONVEYANCE AUTHOR12 ITY, ARMY RESERVE CENTER, ANDERSON,

13 SOUTH CAROLINA.

14 (a) CORRECTION OF CONVEYEE.—Subsection (a) of

15 section 2824 of the Military Construction Authorization

16 Act for Fiscal Year 1997 (division B of Public Law 104–

17 201; 110 Stat. 2793) is amended by striking out ‘‘County

18 of Anderson, South Carolina (in this section referred to

19 as the ‘County’)’’ and inserting in lieu thereof ‘‘Board of

20 Education, Anderson County, South Carolina (in this sec21 tion referred to as the ‘Board’)’’.

22 (b) CONFORMING AMENDMENTS.—Subsections (b)

23 and (c) of such section are each amended by striking out

24 ‘‘the County’’ and inserting in lieu thereof ‘‘the Board’’.
240

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1 PART II—NAVY CONVEYANCES

2 SEC. 1051. LAND CONVEYANCE, TOPSHAM ANNEX, NAVAL

3 AIR STATION, BRUNSWICK, MAINE.

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of

5 the Navy may convey, without consideration, to the Maine

6 School Administrative District No. 75, Topsham, Maine

7 (in this section referred to as the ‘‘District’’), all right,

8 title, and interest of the United States in and to a parcel

9 of real property, including improvements thereon, consist10 ing of approximately 40 acres located at the Topsham

11 Annex, Naval Air Station, Brunswick, Maine.

12 (b) CONDITION OF CONVEYANCE.—The conveyance

13 under subsection (a) shall be subject to the condition that

14 the District use the conveyed property for educational pur15 poses.

16 (c) REVERSION.—If the Secretary determines at any

17 time that the real property conveyed under subsection (a)

18 is not being used for the purpose specified in subsection

19 (b), all right, title, and interest in and to the property,

20 including any improvements thereon, shall revert to the

21 United States, and the United States shall have the right

22 of immediate entry thereon.

23 (d) INTERIM LEASE.—(1) Until such time as the real

24 property described in subsection (a) is conveyed by deed,

25 the Secretary may lease the property, together with the

26 improvements thereon, to the District.
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1 (2) As consideration for the lease under this sub2 section, the District shall provide such security services

3 for the property covered by the lease, and carry out such

4 maintenance work with respect to the property, as the Sec5 retary shall specify in the lease.

6 (e) DESCRIPTION OF PROPERTY.—The exact acreage

7 and legal description of the property to be conveyed under

8 subsection (a) shall be determined by a survey satisfactory

9 to the Secretary. The cost of the survey shall be borne

10 by the District.

11 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

13 in connection with the conveyance under subsection (a),

14 and the lease, if any, under subsection (d), as the Sec15 retary considers appropriate to protect the interests of the

16 United States.

17 SEC. 1052. LAND CONVEYANCE, NAVAL WEAPONS INDUS18 TRIAL RESERVE PLANT NO. 464, OYSTER BAY,

19 NEW YORK.

20 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

21 of the Navy may convey, without consideration, to the

22 County of Nassau, New York (in this section referred to

23 as the ‘‘County’’), all right, title, and interest of the Unit24 ed States in and to parcels of real property consisting of

25 approximately 110 acres and comprising the Naval Weap-
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•S 1339 IS

1 ons Industrial Reserve Plant No. 464, Oyster Bay, New

2 York.

3 (2)(A) As part of the conveyance authorized in para4 graph (1), the Secretary may convey to the County such

5 improvements, equipment, fixtures, and other personal

6 property (including special tooling equipment and special

7 test equipment) located on the parcels as the Secretary

8 determines to be not required by the Navy for other pur9 poses.

10 (B) The Secretary may permit the County to review

11 and inspect the improvements, equipment, fixtures, and

12 other personal property located on the parcels for purposes

13 of the conveyance authorized by this paragraph.

14 (b) CONDITION OF CONVEYANCE.—The conveyance

15 of the parcels authorized in subsection (a) shall be subject

16 to the condition that the County—

17 (1) use the parcels, directly or through an

18 agreement with a public or private entity, for eco19 nomic redevelopment purposes or such other public

20 purposes as the County determines appropriate; or

21 (2) convey the parcels to an appropriate public

22 or private entity for use for such purposes.

23 (c) REVERSION.—If, during the five-year period be24 ginning on the date the Secretary makes the conveyance

25 authorized under subsection (a), the Secretary determines
243

•S 1339 IS

1 that the conveyed real property is not being used for a

2 purpose specified in subsection (b), all right, title, and in3 terest in and to the property, including any improvements

4 thereon, shall revert to the United States, and the United

5 States shall have the right of immediate entry onto the

6 property.

7 (d) INTERIM LEASE.—(1) Until such time as the real

8 property described in subsection (a) is conveyed by deed,

9 the Secretary may lease the property, together with im10 provements thereon, to the County.

11 (2) As consideration for the lease under this sub12 section, the County shall provide such security services

13 and fire protection services for the property covered by

14 the lease, and carry out such maintenance work with re15 spect to the property, as the Secretary shall specify in the

16 lease.

17 (e) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the real property to be conveyed

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary. The cost of the survey shall be

21 borne by the County.

22 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec23 retary may require such additional terms and conditions

24 in connection with the conveyance under subsection (a),

25 and the lease, if any, under subsection (d), as the Sec-
244

•S 1339 IS

1 retary considers appropriate to protect the interests of the

2 United States.

3 SEC. 1053. CORRECTION OF LEASE AUTHORITY, NAVAL AIR

4 STATION, MERIDIAN, MISSISSIPPI.

5 (a) CORRECTION OF LESSEE.—Subsection (a) of sec6 tion 2837 of the Military Construction Authorization Act

7 for Fiscal Year 1997 (division B of Public Law 104–201;

8 110 Stat. 2798) is amended—

9 (1) by striking out ‘‘State of Mississippi (in this

10 section referred to as the ‘State’)’’ and inserting in

11 lieu thereof ‘‘County of Lauderdale, Mississippi (in

12 this section referred to as the ‘County’)’’; and

13 (2) by striking out ‘‘The State’’ and inserting

14 in lieu thereof ‘‘The County’’.

15 (b) CONFORMING AMENDMENTS.—Subsections (b)

16 and (c) of such section are amended by striking out

17 ‘‘State’’ each place it appears and inserting in lieu thereof

18 ‘‘County’’.

19 PART III—AIR FORCE CONVEYANCES

20 SEC. 1061. LAND TRANSFER, EGLIN AIR FORCE BASE, FLOR21 IDA.

22 (a) TRANSFER.—The real property withdrawn by Ex23 ecutive Order 4525, dated October 1, 1826, which consists

24 of approximately 440 acres of land at Cape San Blas, Gulf

25 County, Florida, and any improvements thereon, is trans-
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•S 1339 IS

1 ferred from the administrative jurisdiction of the Sec2 retary of Transportation to the administrative jurisdiction

3 of the Secretary of the Air Force, without reimbursement.

4 Executive Order 4525 is revoked, and the transferred real

5 property shall be administered by the Secretary of the Air

6 Force pursuant to the Federal Property and Administra7 tive Services Act of 1949 (40 U.S.C. 471 et seq.) and such

8 other laws as may be applicable to Federal real property.

9 (b) USE OF PROPERTY.—The real property trans10 ferred under subsection (a) may be used in conjunction

11 with operations at Eglin Air Force Base, Florida.

12 (c) LEGAL DESCRIPTION.—The exact acreage and

13 legal description of the real property to be transferred

14 under subsection (a) shall be determined by a survey satis15 factory to the Secretary of the Air Force. The cost of the

16 survey shall be borne by the Secretary of the Air Force.

17 SEC. 1062. LAND CONVEYANCE, MARCH AIR FORCE BASE,

18 CALIFORNIA.

19 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

20 of the Air Force may convey to Air Force Village West,

21 Incorporated (in this section referred to as the ‘‘Corpora22 tion’’), of Riverside, California, all right, title, and interest

23 of the United States in and to a parcel of real property

24 located at March Air Force Base, California, and consist-
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•S 1339 IS

1 ing of approximately 75 acres, as more fully described in

2 subsection (c).

3 (2) If the Secretary does not make the conveyance

4 authorized by paragraph (1) to the Corporation on or be5 fore January 1, 2006, the Secretary shall convey the real

6 property instead to the March Joint Powers Authority, the

7 redevelopment authority established for March Air Force

8 Base.

9 (b) CONSIDERATION.—As consideration for the con10 veyance under subsection (a)(1), the Corporation shall pay

11 to the United States an amount equal to the fair market

12 value of the real property, as determined by the Secretary.

13 (c) LAND DESCRIPTION.—The real property to be

14 conveyed under subsection (a) is contiguous to land con15 veyed to the Corporation pursuant to section 835 of the

16 Military Construction Authorization Act, 1985 (Public

17 Law 98–407; 98 Stat. 1527), and lies within sections 27,

18 28, 33, and 34 of Township 3 South, Range 4 West, San

19 Bernardino Base and Meridian, County of Riverside, Cali20 fornia. The exact acreage and legal description of the real

21 property shall be determined by a survey satisfactory to

22 the Secretary. The cost of the survey shall be borne by

23 the party receiving the property.

24 (d) TECHNICAL CORRECTIONS REGARDING PRE25 VIOUS CONVEYANCE.—Section 835 of the Military Con-
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•S 1339 IS

1 struction Authorization Act, 1985 (Public Law 98–407;

2 98 Stat. 1527), is amended—

3 (1) in subsection (b), by striking out ‘‘sub4 section (b)’’ and inserting in lieu thereof ‘‘subsection

5 (a)’’; and

6 (2) in subsection (c), by striking out ‘‘Clark

7 Street,’’ and all that follows through the period and

8 inserting in lieu thereof ‘‘Village West Drive, on the

9 west by Allen Avenue, on the south by 8th Street,

10 and the north is an extension of 11th Street between

11 Allen Avenue and Clark Street.’’.

12 SEC. 1063. LAND CONVEYANCE, ELLSWORTH AIR FORCE

13 BASE, SOUTH DAKOTA.

14 (a) CONVEYANCE AUTHORIZED.—The Secretary of

15 the Air Force may convey, without consideration, to the

16 Greater Box Elder Area Economic Development Corpora17 tion, Box Elder, South Dakota (in this section referred

18 to as the ‘‘Corporation’’), all right, title, and interest of

19 the United States in and to the parcels of real property

20 located at Ellsworth Air Force Base, South Dakota, re21 ferred to in subsection (b).

22 (b) COVERED PROPERTY.—(1) Subject to paragraph

23 (2), the real property referred to in subsection (a) is the

24 following:
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•S 1339 IS

1 (A) A parcel of real property, together with any

2 improvements thereon, consisting of approximately

3 53.32 acres and comprising the Skyway Military

4 Family Housing Area.

5 (B) A parcel of real property, together with any

6 improvements thereon, consisting of approximately

7 137.56 acres and comprising the Renal Heights

8 Military Family Housing Area.

9 (C) A parcel of real property, together with any

10 improvements thereon, consisting of approximately

11 14.92 acres and comprising the East Nike Military

12 Family Housing Area.

13 (D) A parcel of real property, together with any

14 improvements thereon, consisting of approximately

15 14.69 acres and comprising the South Nike Military

16 Family Housing Area.

17 (E) A parcel of real property, together with any

18 improvements thereon, consisting of approximately

19 14.85 acres and comprising the West Nike Military

20 Family Housing Area.

21 (2) The real property referred to in subsection (a)

22 does not include the portion of real property referred to

23 in paragraph (1)(B) that the Secretary determines to be

24 required for the construction of an access road between

25 the main gate of Ellsworth Air Force Base and an inter-
249

•S 1339 IS

1 change on Interstate Route 90 located in the vicinity of

2 mile marker 67 in South Dakota.

3 (c) CONDITIONS OF CONVEYANCE.—The conveyance

4 of the real property referred to in subsection (b) shall be

5 subject to the following conditions:

6 (1) That the Corporation, and any person or

7 entity to which the Corporation transfers the prop8 erty, comply in the use of the property with the ap9 plicable provisions of the Ellsworth Air Force Base

10 Air Installation Compatible Use Zone Study.

11 (2) That the Corporation convey a portion of

12 the real property referred to in subsection (b)(1)(A),

13 together with any improvements thereon, consisting

14 of approximately 20 acres to the Douglas School

15 District, South Dakota, for use for education pur16 poses.

17 (d) REVERSION.—If the Secretary determines that

18 any portion of the real property conveyed under subsection

19 (a) is not being used in accordance with the applicable

20 provision of subsection (c), all right, title, and interest in

21 and to that portion of the real property (including any

22 improvements thereon, shall revert to the United States,

23 and the United States shall have the right of immediate

24 entry thereon.
250

•S 1339 IS

1 (e) LEGAL DESCRIPTION.—The exact acreage and

2 legal description of the property to be conveyed under sub3 section (a) shall be determined by a survey satisfactory

4 to the Secretary. The cost of the survey shall be borne

5 by the Corporation.

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions

8 in connection with the conveyance under subsection (a) as

9 the Secretary considers appropriate to protect the inter10 ests of the United States.

11 SEC. 1064. LAND CONVEYANCE, HANCOCK FIELD, SYRA12 CUSE, NEW YORK.

13 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

14 of the Air Force may convey, without consideration, to On15 ondaga County, New York (in this section referred to as

16 the ‘‘County’’), all right, title, and interest of the United

17 States in and to a parcel of real property, including any

18 improvements thereon, consisting of approximately 14.9

19 acres and located at Hancock Field, Syracuse, New York,

20 the site of facilities no longer required for use by the

21 152nd Air Control Group of the New York Air National

22 Guard.

23 (2) If, at the time of the conveyance authorized by

24 paragraph (1), the property to be conveyed is under the

25 jurisdiction of the Administrator of General Services rath-
251

•S 1339 IS

1 er than the Secretary, the Administrator shall make the

2 conveyance.

3 (b) CONDITION OF CONVEYANCE.—The conveyance

4 authorized by subsection (a) shall be subject to the condi5 tion that the County use the property conveyed for eco6 nomic development purposes.

7 (c) REVERSION.—If the Secretary (or the Adminis8 trator in the event the conveyance is made by the Adminis9 trator) determines at any time that the property conveyed

10 pursuant to this section is not being used for the purposes

11 specified in subsection (b), all right, title, and interest in

12 and to the property, including any improvements thereon,

13 shall revert to the United States, and the United States

14 shall have the right of immediate entry thereon.

15 (d) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the property to be conveyed under

17 subsection (a) shall be determined by a survey satisfactory

18 to the Secretary (or the Administrator in the event the

19 conveyance is made by the Administrator). The cost of the

20 survey shall be borne by the County.

21 (e) ADDITIONAL TERMS AND CONDITIONS.—The

22 Secretary (or the Administrator in the event the convey23 ance is made by the Administrator) may require such ad24 ditional terms and conditions in connection with the con25 veyance under subsection (a) as the Secretary or the Ad-
252

•S 1339 IS

1 ministrator, as the case may be, considers appropriate to

2 protect the interests of the United States.

3 SEC. 1065. LAND CONVEYANCE, HAVRE AIR FORCE STA4 TION, MONTANA, AND HAVRE TRAINING SITE,

5 MONTANA.

6 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

7 of the Air Force may convey, without consideration, to the

8 Bear Paw Development Corporation, Havre, Montana (in

9 this section referred to as the ‘‘Corporation’’), all right,

10 title, and interest of the United States in and to the real

11 property described in paragraph (2).

12 (2) The authority in paragraph (1) applies to the fol13 lowing real property:

14 (A) A parcel of real property, including any im15 provements thereon, consisting of approximately 85

16 acres and comprising the Havre Air Force Station,

17 Montana.

18 (B) A parcel of real property, including any im19 provements thereon, consisting of approximately 9

20 acres and comprising the Havre Training Site, Mon21 tana.

22 (b) CONDITIONS OF CONVEYANCE.—The conveyance

23 authorized by subsection (a) shall be subject to the follow24 ing conditions:

25 (1) That the Corporation—
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1 (A) convey to the Box Elder School Dis2 trict 13G, Montana, 10 single-family homes lo3 cated on the property to be conveyed under that

4 subsection as jointly agreed upon by the Cor5 poration and the school district; and

6 (B) grant the school district access to the

7 property for purposes of removing the homes

8 from the property.

9 (2) That the Corporation—

10 (A) convey to the Hays/Lodgepole School

11 District 50, Montana—

12 (i) 27 single-family homes located on

13 the property to be conveyed under that

14 subsection as jointly agreed upon by the

15 Corporation and the school district;

16 (ii) one barracks housing unit located

17 on the property;

18 (iii) two steel buildings (nos. 7 and 8)

19 located on the property;

20 (iv) two tin buildings (nos. 37 and 44)

21 located on the property; and

22 (v) miscellaneous personal property lo23 cated on the property that is associated

24 with the buildings conveyed under this sub25 paragraph; and
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•S 1339 IS

1 (B) grant the school district access to the

2 property for purposes of removing such homes

3 and buildings, the housing unit, and such per4 sonal property from the property.

5 (3) That the Corporation—

6 (A) convey to the District 4 Human Re7 sources Development Council, Montana, eight

8 single-family homes located on the property to

9 be conveyed under that subsection as jointly

10 agreed upon by the Corporation and the coun11 cil; and

12 (B) grant the council access to the prop13 erty for purposes of removing such homes from

14 the property.

15 (4) That any property conveyed under sub16 section (a) that is not conveyed under this sub17 section be used for economic development purposes

18 or housing purposes.

19 (c) REVERSION.—If the Secretary determines at any

20 time that the portion of the property conveyed under sub21 section (a) which is covered by the condition specified in

22 subsection (b)(4) is not being used for the purposes speci23 fied in that subsection, all right, title, and interest in and

24 to such property, including any improvements thereon,
255

•S 1339 IS

1 shall revert to the United States, and the United States

2 shall have the right of immediate entry thereon.

3 (d) DESCRIPTION OF PROPERTY.—The exact acre4 ages and legal description of the parcels of property to

5 be conveyed under subsection (a) shall be determined by

6 surveys satisfactory to the Secretary. The cost of the sur7 veys shall be borne by the Corporation.

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The

9 Secretary may require such additional terms and condi10 tions in connection with the conveyance under subsection

11 (a) as the Secretary considers appropriate to protect the

12 interests of the United States.

13 SEC. 1066. LAND CONVEYANCE, CHARLESTON FAMILY

14 HOUSING COMPLEX, BANGOR, MAINE.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Air Force may convey, without consideration, to the

17 City of Bangor, Maine (in this section referred to as the

18 ‘‘City’’), all right, title, and interest of the United States

19 in and to a parcel of real property consisting of approxi20 mately 19.8 acres, including improvements thereon, lo21 cated in Bangor, Maine, and known as the Charleston

22 Family Housing Complex.

23 (b) PURPOSE OF CONVEYANCE.—The purpose of the

24 conveyance under subsection (a) is to facilitate the reuse

25 of the real property, currently unoccupied, which the City
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•S 1339 IS

1 proposes to use to provide housing opportunities for first2 time home buyers.

3 (c) CONDITION OF CONVEYANCE.—The conveyance

4 authorized by subsection (a) shall be subject to the condi5 tion that the City, if the City sells any portion of the prop6 erty conveyed under subsection (a) before the end of the

7 10-year period beginning on the date of enactment of this

8 Act, pay to the United States an amount equal to the less9 er of—

10 (1) the amount of sale of the property sold; or

11 (2) the fair market value of the property sold

12 as determined without taking into account any im13 provements to such property by the City.

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property conveyed under

16 subsection (a) shall be determined by a survey satisfactory

17 to the Secretary. The cost of the survey shall be borne

18 by the City.

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection

22 (a) as the Secretary considers appropriate to protect the

23 interests of the United States.
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1 SEC. 1067. STUDY OF LAND EXCHANGE OPTIONS, SHAW AIR

2 FORCE BASE, SOUTH CAROLINA.

3 Section 2874 of the Military Construction Authoriza4 tion Act for Fiscal Year 1996 (division B of Public Law

5 104–106; 110 Stat. 583) is amended by adding at the end

6 the following new subsection:

7 ‘‘(g) STUDY OF EXCHANGE OPTIONS.—To facilitate

8 the use of a land exchange to acquire the real property

9 described in subsection (a), the Secretary shall conduct a

10 study to identify real property in the possession of the Air

11 Force (located in the State of South Carolina or else12 where) that satisfies the requirements of subsection (b)(2),

13 is acceptable to the party holding the property to be ac14 quired, and is otherwise suitable for exchange under this

15 section. Not later than three months after the date of the

16 enactment of the National Defense Authorization Act for

17 Fiscal Year 1998, the Secretary shall submit to Congress

18 a report containing the results of the study.’’.

19 Subtitle E—Other Matters

20 SEC. 1071. REPEAL OF REQUIREMENT TO OPERATE NAVAL

21 ACADEMY DAIRY FARM.

22 (a) OPERATION.—(1) Chapter 603 of title 10, United

23 States Code, is amended by adding at the end the follow24 ing new section:
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1 ‘‘§ 6976. Operation of Naval Academy dairy farm

2 ‘‘(a) DISCRETION REGARDING CONTINUED OPER3 ATION.—(1) Subject to paragraph (2), the Secretary of

4 the Navy may terminate or reduce the dairy or other oper5 ations conducted at the Naval Academy dairy farm located

6 in Gambrills, Maryland.

7 ‘‘(2) Notwithstanding the termination or reduction of

8 operations at the Naval Academy dairy farm under para9 graph (1), the real property containing the dairy farm

10 (consisting of approximately 875 acres)—

11 ‘‘(A) may not be declared to be excess real

12 property to the needs of the Navy or transferred or

13 otherwise disposed of by the Navy or any Federal

14 agency; and

15 ‘‘(B) shall be maintained in its rural and agri16 cultural nature.

17 ‘‘(b) LEASE AUTHORITY.—(1) Subject to paragraph

18 (2), to the extent that the termination or reduction of op19 erations at the Naval Academy dairy farm permit, the Sec20 retary of the Navy may lease the real property containing

21 the dairy farm, and any improvements and personal prop22 erty thereon, to such persons and under such terms as

23 the Secretary considers appropriate. In leasing any of the

24 property, the Secretary may give a preference to persons

25 who will continue dairy operations on the property.
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1 ‘‘(2) Any lease of property at the Naval Academy

2 dairy farm shall be subject to a condition that the lessee

3 maintain the rural and agricultural nature of the leased

4 property.

5 ‘‘(c) EFFECT OF OTHER LAWS.—Nothing in section

6 6971 of this title shall be construed to require the Sec7 retary of the Navy or the Superintendent of the Naval

8 Academy to operate a dairy farm for the Naval Academy

9 in Gambrills, Maryland, or any other location.’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by adding at the end the following

12 new item:

‘‘6976. Operation of Naval Academy dairy farm.’’.

13 (b) CONFORMING REPEAL OF EXISTING REQUIRE14 MENTS.—Section 810 of the Military Construction Au15 thorization Act, 1968 (Public Law 90–110; 81 Stat. 309),

16 is repealed.

17 (c) OTHER CONFORMING AMENDMENTS.—(1) Sec18 tion 6971(b)(5) of title 10, United States Code, is amend19 ed by inserting ‘‘(if any)’’ before the period at the end.

20 (2) Section 2105(b) of title 5, United States Code,

21 is amended by inserting ‘‘(if any)’’ after ‘‘Academy dairy’’.

22 SEC. 1072. LONG-TERM LEASE OF PROPERTY, NAPLES

23 ITALY.

24 (a) AUTHORITY.—Subject to subsection (d), the Sec25 retary of the Navy may acquire by long-term lease struc-
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1 tures and real property relating to a regional hospital com2 plex in Naples, Italy, that the Secretary determines to be

3 necessary for purposes of the Naples Improvement Initia4 tive.

5 (b) LEASE TERM.—Notwithstanding section 2675 of

6 title 10, United States Code, the lease authorized by sub7 section (a) shall be for a term of not more than 20 years.

8 (c) EXPIRATION OF AUTHORITY.—The authority of

9 the Secretary to enter into a lease under subsection (a)

10 shall expire on September 30, 2002.

11 (d) AUTHORITY CONTINGENT ON APPROPRIATIONS

12 ACTS.—The authority of the Secretary to enter into a

13 lease under subsection (a) is available only to the extent

14 or in the amount provided in advance in appropriations

15 Acts.

16 SEC. 1073. DESIGNATION OF MILITARY FAMILY HOUSING

17 AT LACKLAND AIR FORCE BASE, TEXAS, IN

18 HONOR OF FRANK TEJEDA, A FORMER MEM19 BER OF THE HOUSE OF REPRESENTATIVES.

20 The military family housing developments to be con21 structed at two locations on Government property at

22 Lackland Air Force Base, Texas, under the authority of

23 subchapter IV of chapter 169 of title 10, United States

24 Code, shall be designated by the Secretary of the Air

25 Force, at an appropriate time, as follows:
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1 (1) The eastern development shall be des2 ignated as ‘‘Frank Tejeda Estates East’’.

3 (2) The western development shall be des4 ignated as ‘‘Frank Tejeda Estates West’’.

5 SEC. 1074. FIBER-OPTICS BASED TELECOMMUNICATIONS

6 LINKAGE OF MILITARY INSTALLATIONS.

7 (a) INSTALLATION REQUIRED.—In at least one met8 ropolitan area of the United States containing multiple

9 military installations of one or more military departments

10 or Defense Agencies, the Secretary of Defense shall pro11 vide for the installation of fiber-optics based telecommuni12 cations technology to link as many of the installations in

13 the area as practicable in a telecommunications network.

14 The Secretary shall use a full and open competitive proc15 ess, consistent with section 2304 of title 10, United States

16 Code, to provide for the installation of the telecommuni17 cations network through one or more new contracts.

18 (b) FEATURES OF NETWORK.—The telecommuni19 cations network shall provide direct access to local and

20 long distance telephone carriers, allow for transmission of

21 both classified and unclassified information, and take ad22 vantage of the various capabilities of fiber-optics based

23 telecommunications technology.

24 (c) TIME FOR REQUEST FOR BIDS OR PROPOSALS.—

25 Not later than March 30, 1998, the Secretary of Defense
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1 shall release a final request for bids or proposals to pro2 vide the telecommunications network or networks de3 scribed in subsection (a).

4 (d) REPORT ON IMPLEMENTATION.—Not later than

5 December 31, 1998, the Secretary of Defense shall submit

6 to the congressional defense committees a report on the

7 implementation of subsection (c), including the metropoli8 tan area or areas selected for the installation of a fiber9 optics based telecommunications network, the current tele10 communication costs for the Department of Defense in the

11 selected area or areas, the estimated cost of the fiber-op12 tics based network, and potential areas for the future use

13 of fiber-optics.

14 TITLE XI—SIKES ACT

15 IMPROVEMENT

16 SEC. 1101. SHORT TITLE.

17 This title may be cited as the ‘‘Sikes Act Improve18 ment Act of 1997’’.

19 SEC. 1102. DEFINITION OF SIKES ACT FOR PURPOSES OF

20 AMENDMENTS.

21 In this title, the term ‘‘Sikes Act’’ means the Act en22 titled ‘‘An Act to promote effectual planning, development,

23 maintenance, and coordination of wildlife, fish, and game

24 conservation and rehabilitation in military reservations’’,
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1 approved September 15, 1960 (16 U.S.C. 670a et seq.),

2 commonly referred to as the ‘‘Sikes Act’’.

3 SEC. 1103. CODIFICATION OF SHORT TITLE OF ACT.

4 The Sikes Act (16 U.S.C. 670a et seq.) is amended

5 by inserting before title I the following new section:

6 ‘‘SECTION 1. SHORT TITLE.

7 ‘‘This Act may be cited as the ‘Sikes Act’.’’.

8 SEC. 1104. PREPARATION OF INTEGRATED NATURAL RE9 SOURCES MANAGEMENT PLANS.

10 (a) IN GENERAL.—Section 101 of the Sikes Act (16

11 U.S.C. 670a(a)) is amended by striking out subsection (a)

12 and inserting in lieu thereof the following new subsection:

13 ‘‘(a) AUTHORITY OF SECRETARY OF DEFENSE.—

14 ‘‘(1) PROGRAM.—

15 ‘‘(A) IN GENERAL.—The Secretary of De16 fense shall carry out a program to provide for

17 the conservation and rehabilitation of natural

18 resources on military installations.

19 ‘‘(B) INTEGRATED NATURAL RESOURCES

20 MANAGEMENT PLAN.—To facilitate the pro21 gram, the Secretary of each military depart22 ment shall prepare and implement an inte23 grated natural resources management plan for

24 each military installation in the United States

25 under the jurisdiction of the Secretary, unless
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1 the Secretary determines that the absence of

2 significant natural resources on a particular in3 stallation makes preparation of such a plan in4 appropriate.

5 ‘‘(2) COOPERATIVE PREPARATION.—The Sec6 retary of a military department shall prepare each

7 integrated natural resources management plan for

8 which the Secretary is responsible in cooperation

9 with the Secretary of the Interior, acting through

10 the Director of the United States Fish and Wildlife

11 Service, and the head of each appropriate State fish

12 and wildlife agency for the State in which the mili13 tary installation concerned is located. Consistent

14 with paragraph (4), the resulting plan for the mili15 tary installation shall reflect the mutual agreement

16 of the parties concerning conservation, protection,

17 and management of fish and wildlife resources.

18 ‘‘(3) PURPOSES OF PROGRAM.—Consistent with

19 the use of military installations to ensure the pre20 paredness of the Armed Forces, the Secretaries of

21 the military departments shall carry out the pro22 gram required by this subsection to provide for—

23 ‘‘(A) the conservation and rehabilitation of

24 natural resources on military installations;
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1 ‘‘(B) the sustainable multipurpose use of

2 the resources, which shall include hunting, fish3 ing, trapping, and nonconsumptive uses; and

4 ‘‘(C) subject to safety requirements and

5 military security, public access to military in6 stallations to facilitate the use.

7 ‘‘(4) EFFECT ON OTHER LAW.—Nothing in this

8 title—

9 ‘‘(A)(i) affects any provision of a Federal

10 law governing the conservation or protection of

11 fish and wildlife resources; or

12 ‘‘(ii) enlarges or diminishes the responsibil13 ity and authority of any State for the protection

14 and management of fish and resident wildlife;

15 or

16 ‘‘(B) except as specifically provided in the

17 other provisions of this section and in section

18 102, authorizes the Secretary of a military de19 partment to require a Federal license or permit

20 to hunt, fish, or trap on a military installa21 tion.’’.

22 (b) CONFORMING AMENDMENTS.—Title I of the

23 Sikes Act is amended—

24 (1) in section 101(b)(4) (16 U.S.C.

25 670a(b)(4)), by striking out ‘‘cooperative plan’’ each
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1 place it appears and inserting in lieu thereof ‘‘inte2 grated natural resources management plan’’;

3 (2) in section 101(c) (16 U.S.C. 670a(c)), in

4 the matter preceding paragraph (1), by striking out

5 ‘‘a cooperative plan’’ and inserting in lieu thereof

6 ‘‘an integrated natural resources management plan’’;

7 (3) in section 101(d) (16 U.S.C. 670a(d)), in

8 the matter preceding paragraph (1), by striking out

9 ‘‘cooperative plans’’ and inserting in lieu thereof ‘‘in10 tegrated natural resources management plans’’;

11 (4) in section 101(e) (16 U.S.C. 670a(e)), by

12 striking out ‘‘Cooperative plans’’ and inserting in

13 lieu thereof ‘‘Integrated natural resources manage14 ment plans’’;

15 (5) in section 102 (16 U.S.C. 670b), by striking

16 out ‘‘a cooperative plan’’ and inserting in lieu there17 of ‘‘an integrated natural resources management

18 plan’’;

19 (6) in section 103 (16 U.S.C. 670c), by striking

20 out ‘‘a cooperative plan’’ and inserting in lieu there21 of ‘‘an integrated natural resources management

22 plan’’;

23 (7) in section 106(a) (16 U.S.C. 670f(a)), by

24 striking out ‘‘cooperative plans’’ and inserting in lieu
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1 thereof ‘‘integrated natural resources management

2 plans’’; and

3 (8) in section 106(c) (16 U.S.C. 670f(c)), by

4 striking out ‘‘cooperative plans’’ and inserting in lieu

5 thereof ‘‘integrated natural resources management

6 plans’’.

7 (c) REQUIRED ELEMENTS OF PLANS.—Section

8 101(b) of the Sikes Act (16 U.S.C. 670a(b)) is amended—

9 (1) by striking out ‘‘(b) Each cooperative’’ and

10 all that follows through the end of paragraph (1)

11 and inserting in lieu thereof the following:

12 ‘‘(b) REQUIRED ELEMENTS OF PLANS.—Consistent

13 with the use of military installations to ensure the pre14 paredness of the Armed Forces, each integrated natural

15 resources management plan prepared under subsection

16 (a)—

17 ‘‘(1) shall, to the extent appropriate and appli18 cable, provide for—

19 ‘‘(A) fish and wildlife management, land

20 management, forest management, and fish- and

21 wildlife-oriented recreation;

22 ‘‘(B) fish and wildlife habitat enhancement

23 or modifications;
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1 ‘‘(C) wetland protection, enhancement, and

2 restoration, where necessary for support of fish,

3 wildlife, or plants;

4 ‘‘(D) integration of, and consistency

5 among, the various activities conducted under

6 the plan;

7 ‘‘(E) establishment of specific natural re8 source management goals and objectives and

9 time frames for proposed action;

10 ‘‘(F) sustainable use by the public of natu11 ral resources to the extent that the use is not

12 inconsistent with the needs of fish and wildlife

13 resources;

14 ‘‘(G) public access to the military installa15 tion that is necessary or appropriate for the use

16 described in subparagraph (F), subject to re17 quirements necessary to ensure safety and mili18 tary security;

19 ‘‘(H) enforcement of applicable natural re20 source laws (including regulations);

21 ‘‘(I) no net loss in the capability of mili22 tary installation lands to support the military

23 mission of the installation; and
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1 ‘‘(J) such other activities as the Secretary

2 of the military department determines appro3 priate;’’;

4 (2) in paragraph (2), by adding ‘‘and’’ at the

5 end;

6 (3) by striking out paragraph (3);

7 (4) by redesignating paragraph (4) as para8 graph (3); and

9 (5) in paragraph (3)(A) (as so redesignated), by

10 striking out ‘‘collect the fees therefor,’’ and inserting

11 in lieu thereof ‘‘collect, spend, administer, and ac12 count for fees for the permits,’’.

13 SEC. 1105. REVIEW FOR PREPARATION OF INTEGRATED

14 NATURAL RESOURCES MANAGEMENT PLANS.

15 (a) DEFINITIONS.—In this section, the terms ‘‘mili16 tary installation’’ and ‘‘United States’’ have the meanings

17 provided in section 100 of the Sikes Act (as added by sec18 tion 1111).

19 (b) REVIEW OF MILITARY INSTALLATIONS.—

20 (1) REVIEW.—Not later than 270 days after

21 the date of enactment of this Act, the Secretary of

22 each military department shall—

23 (A) review each military installation in the

24 United States that is under the jurisdiction of

25 that Secretary to determine the military instal-
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1 lations for which the preparation of an inte2 grated natural resources management plan

3 under section 101 of the Sikes Act (as amended

4 by this title) is appropriate; and

5 (B) submit to the Secretary of Defense a

6 report on the determinations.

7 (2) REPORT TO CONGRESS.—Not later than one

8 year after the date of enactment of this Act, the

9 Secretary of Defense shall submit to Congress a re10 port on the reviews conducted under paragraph (1).

11 The report shall include—

12 (A) a list of the military installations re13 viewed under paragraph (1) for which the Sec14 retary of the appropriate military department

15 determines that the preparation of an inte16 grated natural resources management plan is

17 not appropriate; and

18 (B) for each of the military installations

19 listed under subparagraph (A), an explanation

20 of each reason such a plan is not appropriate.

21 (c) DEADLINE FOR INTEGRATED NATURAL RE22 SOURCES MANAGEMENT PLANS.—Not later than three

23 years after the date of the submission of the report re24 quired under subsection (b)(2), the Secretary of each mili25 tary department shall, for each military installation with
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1 respect to which the Secretary has not determined under

2 subsection (b)(2)(A) that preparation of an integrated

3 natural resources management plan is not appropriate—

4 (1) prepare and begin implementing such a plan

5 in accordance with section 101(a) of the Sikes Act

6 (as amended by this title); or

7 (2) in the case of a military installation for

8 which there is in effect a cooperative plan under sec9 tion 101(a) of the Sikes Act on the day before the

10 date of enactment of this Act, complete negotiations

11 with the Secretary of the Interior and the heads of

12 the appropriate State agencies regarding changes to

13 the plan that are necessary for the plan to constitute

14 an integrated natural resources management plan

15 that complies with that section, as amended by this

16 title.

17 (d) PUBLIC COMMENT.—The Secretary of each mili18 tary department shall provide an opportunity for the sub19 mission of public comments on—

20 (1) integrated natural resources management

21 plans proposed under subsection (c)(1); and

22 (2) changes to cooperative plans proposed under

23 subsection (c)(2).
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1 SEC. 1106. TRANSFER OF WILDLIFE CONSERVATION FEES

2 FROM CLOSED MILITARY INSTALLATIONS.

3 Section 101(b)(3)(B) of the Sikes Act (16 U.S.C.

4 670a(b)) (as redesignated by section 2904(c)(4)) is

5 amended by inserting before the period at the end the fol6 lowing: ‘‘, unless the military installation is subsequently

7 closed, in which case the fees may be transferred to an8 other military installation to be used for the same pur9 poses’’.

10 SEC. 1107. ANNUAL REVIEWS AND REPORTS.

11 Section 101 of the Sikes Act (16 U.S.C. 670a) is

12 amended by adding at the end the following new sub13 section:

14 ‘‘(f) REVIEWS AND REPORTS.—

15 ‘‘(1) SECRETARY OF DEFENSE.—Not later than

16 March 1 of each year, the Secretary of Defense shall

17 review the extent to which integrated natural re18 sources management plans were prepared or were in

19 effect and implemented in accordance with this title

20 in the preceding year, and submit a report on the

21 findings of the review to the committees. Each re22 port shall include—

23 ‘‘(A) the number of integrated natural re24 sources management plans in effect in the year

25 covered by the report, including the date on
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1 which each plan was issued in final form or

2 most recently revised;

3 ‘‘(B) the amounts expended on conserva4 tion activities conducted pursuant to the plans

5 in the year covered by the report; and

6 ‘‘(C) an assessment of the extent to which

7 the plans comply with this title.

8 ‘‘(2) SECRETARY OF THE INTERIOR.—Not later

9 than March 1 of each year and in consultation with

10 the heads of State fish and wildlife agencies, the

11 Secretary of the Interior shall submit a report to the

12 committees on the amounts expended by the Depart13 ment of the Interior and the State fish and wildlife

14 agencies in the year covered by the report on con15 servation activities conducted pursuant to integrated

16 natural resources management plans.

17 ‘‘(3) DEFINITION OF COMMITTEES.—In this

18 subsection, the term ‘committees’ means—

19 ‘‘(A) the Committee on Resources and the

20 Committee on National Security of the House

21 of Representatives; and

22 ‘‘(B) the Committee on Armed Services

23 and the Committee on Environment and Public

24 Works of the Senate.’’.
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1 SEC. 1108. COOPERATIVE AGREEMENTS.

2 Section 103a of the Sikes Act (16 U.S.C. 670c–1)

3 is amended—

4 (1) in subsection (a), by striking out ‘‘Secretary

5 of Defense’’ and inserting in lieu thereof ‘‘Secretary

6 of a military department’’; and

7 (2) by striking out subsection (b) and inserting

8 in lieu thereof the following new subsection:

9 ‘‘(b) MULTIYEAR AGREEMENTS.—Funds appro10 priated to the Department of Defense for a fiscal year may

11 be obligated to cover the cost of goods and services pro12 vided under a cooperative agreement entered into under

13 subsection (a) or through an agency agreement under sec14 tion 1535 of title 31, United States Code, during any 18-

15 month period beginning in that fiscal year, without regard

16 to whether the agreement crosses fiscal years.’’.

17 SEC. 1109. FEDERAL ENFORCEMENT.

18 Title I of the Sikes Act is amended—

19 (1) by redesignating section 106 (16 U.S.C.

20 670f) as section 108; and

21 (2) by inserting after section 105 (16 U.S.C.

22 670e) the following new section:

23 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

24 ‘‘All Federal laws relating to the management of nat25 ural resources on Federal land may be enforced by the

26 Secretary of Defense with respect to violations of the laws
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1 that occur on military installations within the United

2 States.’’.

3 SEC. 1110. NATURAL RESOURCES MANAGEMENT SERVICES.

4 Title I of the Sikes Act is amended by inserting after

5 section 106 (as added by section 1109) the following new

6 section:

7 ‘‘SEC. 107. NATURAL RESOURCES MANAGEMENT SERVICES.

8 ‘‘To the extent practicable using available resources,

9 the Secretary of each military department shall ensure

10 that sufficient numbers of professionally trained natural

11 resources management personnel and natural resources

12 law enforcement personnel are available and assigned re13 sponsibility to perform tasks necessary to carry out this

14 title, including the preparation and implementation of in15 tegrated natural resources management plans.’’.

16 SEC. 1111. DEFINITIONS.

17 Title I of the Sikes Act is amended by inserting be18 fore section 101 (16 U.S.C. 670a) the following new sec19 tion:

20 ‘‘SEC. 100. DEFINITIONS.

21 ‘‘In this title:

22 ‘‘(1) MILITARY INSTALLATION.—The term

23 ‘military installation’—

24 ‘‘(A) means any land or interest in land

25 owned by the United States and administered
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1 by the Secretary of Defense or the Secretary of

2 a military department, except land under the

3 jurisdiction of the Assistant Secretary of the

4 Army having responsibility for civil works;

5 ‘‘(B) includes all public lands withdrawn

6 from all forms of appropriation under public

7 land laws and reserved for use by the Secretary

8 of Defense or the Secretary of a military de9 partment; and

10 ‘‘(C) does not include any land described

11 in subparagraph (A) or (B) that is subject to

12 an approved recommendation for closure under

13 the Defense Base Closure and Realignment Act

14 of 1990 (part A of title XXIX of Public Law

15 101–510; 10 U.S.C. 2687 note).

16 ‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The

17 term ‘State fish and wildlife agency’ means the one

18 or more agencies of State government that are re19 sponsible under State law for managing fish or wild20 life resources.

21 ‘‘(3) UNITED STATES.—The term ‘United

22 States’ means the States, the District of Columbia,

23 and the territories and possessions of the United

24 States.’’.
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1 SEC. 1112. REPEAL OF SUPERSEDED PROVISION.

2 Section 2 of the Act of October 27, 1986 (Public Law

3 99–561; 16 U.S.C. 670a–1), is repealed.

4 SEC. 1113. TECHNICAL AMENDMENTS.

5 Title I of the Sikes Act, as amended by this title,

6 is amended—

7 (1) in the heading for the title, by striking out

8 ‘‘MILITARY RESERVATIONS’’ and inserting in

9 lieu thereof ‘‘MILITARY INSTALLATIONS’’;

10 (2) in section 101(b)(3) (16 U.S.C.

11 670a(b)(3)), as redesignated by section 2904(c)(4)—

12 (A) in subparagraph (A), by striking out

13 ‘‘the reservation’’ and inserting in lieu thereof

14 ‘‘the installation’’; and

15 (B) in subparagraph (B), by striking out

16 ‘‘the military reservation’’ and inserting in lieu

17 thereof ‘‘the military installation’’;

18 (3) in section 101(c) (16 U.S.C. 670a(c))—

19 (A) in paragraph (1), by striking out ‘‘a

20 military reservation’’ and inserting in lieu

21 thereof ‘‘a military installation’’; and

22 (B) in paragraph (2), by striking out ‘‘the

23 reservation’’ and inserting in lieu thereof ‘‘the

24 installation’’;

25 (4) in section 101(e) (16 U.S.C. 670a(e)), by

26 striking ‘‘the Federal Grant and Cooperative Agree-
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1 ment Act of 1977 (41 U.S.C. 501 et seq.)’’ and in2 serting ‘‘chapter 63 of title 31, United States Code’’;

3 (5) in section 102 (16 U.S.C. 670b), by striking

4 out ‘‘military reservations’’ and inserting in lieu

5 thereof ‘‘military installations’’; and

6 (6) in section 103 (16 U.S.C. 670c)—

7 (A) by striking out ‘‘military reservations’’

8 and inserting in lieu thereof ‘‘military installa9 tions’’; and

10 (B) by striking out ‘‘such reservations’’

11 and inserting in lieu thereof ‘‘the installations’’.

12 SEC. 1114. AUTHORIZATIONS OF APPROPRIATIONS.

13 (a) CONSERVATION PROGRAMS ON MILITARY IN14 STALLATIONS.—Subsections (b) and (c) of section 108 of

15 the Sikes Act (as redesignated by section 2909(1)) are

16 each amended by striking out ‘‘1983’’ and all that follows

17 through ‘‘1993,’’ and inserting in lieu thereof ‘‘1998

18 through 2003,’’.

19 (b) CONSERVATION PROGRAMS ON PUBLIC LANDS.—

20 Section 209 of the Sikes Act (16 U.S.C. 670o) is amend21 ed—

22 (1) in subsection (a), by striking out ‘‘the sum

23 of $10,000,000’’ and all that follows through ‘‘to en24 able the Secretary of the Interior’’ and inserting in

25 lieu thereof ‘‘$4,000,000 for each of fiscal years
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1 1998 through 2003, to enable the Secretary of the

2 Interior’’; and

3 (2) in subsection (b), by striking out ‘‘the sum

4 of $12,000,000’’ and all that follows through ‘‘to en5 able the Secretary of Agriculture’’ and inserting in

6 lieu thereof ‘‘$5,000,000 for each of fiscal years

7 1998 through 2003, to enable the Secretary of Agri8 culture’’.

Æ