I

105TH CONGRESS

2D SESSION S. 2060

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1998

Referred to the Committee on National Security

AN ACT

To authorize appropriations for fiscal year 1999 for military

activities of the Department of Defense, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Defense

5 Authorization Act for Fiscal Year 1999’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical demilitarization program.

Sec. 108. Defense health programs.

Sec. 109. Defense export loan guarantee program.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for Longbow Hellfire missile program.

Sec. 112. Condition for award of more than one multiyear contract for the family of medium tactical vehicles.

Sec. 113. Armored system modernization.

Sec. 114. Reactive armor tiles.

Sec. 115. Annual reporting of costs associated with travel of members of Chemical Demilitarization Citizens’ Advisory Commission.

Sec. 116. Extension of authority to carry out Armament Retooling and Manufacturing Support Initiative.

Sec. 117. Alternative technologies for destruction of assembled chemical weapons.

Subtitle C—Navy Programs

Sec. 121. CVN–77 nuclear aircraft carrier program.

Sec. 122. Increased amount to be excluded from cost limitation for Seawolf

submarine program.

Sec. 123. Multiyear procurement authority for the Medium Tactical Vehicle Replacement.

Sec. 124. Multiyear procurement authority for certain aircraft programs.

Subtitle D—Air Force Programs

Sec. 131. Joint Surveillance Target Attack Radar System.

Sec. 132. Limitation on replacement of engines on military aircraft derived

from Boeing 707 aircraft.

Sec. 133. F–22 aircraft program.

Sec. 134. C–130J aircraft program.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION
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Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Crusader self-propelled artillery system program.

Sec. 212. CVN–77 nuclear aircraft carrier program.

Sec. 213. Unmanned aerial vehicle programs.

Sec. 214. Airborne Laser Program.

Sec. 215. Enhanced Global Positioning System program.

Sec. 216. Manufacturing Technology Program.

Sec. 217. Authority for use of major range and test facility installations by

commercial entities.

Sec. 218. Extension of authority to carry out certain prototype projects.

Sec. 219. NATO alliance ground surveillance concept definition.

Sec. 220. NATO common-funded civil budget.

Sec. 221. Persian Gulf illnesses.

Sec. 222. DOD/VA Cooperative Research Program.

Sec. 223. Low Cost Launch Development Program.

Subtitle C—Other Matters

Sec. 231. Policy with respect to ballistic missile defense cooperation.

Sec. 232. Review of pharmacological interventions for reversing brain injury.

Sec. 233. Landmines.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from the National Defense Stockpile Transaction Fund.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. Special Operations Command counterproliferation and

counterterrorism activities.

Sec. 312. Tagging system for identification of hydrocarbon fuels used by the

Department of Defense.

Sec. 313. Pilot program for acceptance and use of landing fees charged for use

of domestic military airfields by civil aircraft.

Sec. 314. NATO common-funded military budget.

Subtitle C—Environmental Provisions

Sec. 321. Transportation of polychlorinated biphenyls from abroad for disposal

in the United States.

Sec. 322. Modification of deadline for submittal to Congress of annual reports

on environmental activities.

Sec. 323. Submarine solid waste control.

Sec. 324. Payment of stipulated penalties assessed under CERCLA.
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Sec. 325. Authority to pay negotiated settlement for environmental cleanup of

formerly used defense sites in Canada.

Sec. 326. Settlement of claims of foreign governments for environmental cleanup of overseas sites formerly used by the Department of Defense.

Sec. 327. Arctic Military Environmental Cooperation Program.

Sec. 328. Sense of Senate regarding oil spill prevention training for personnel

on board Navy vessels.

Subtitle D—Counter-Drug Activities

Sec. 331. Patrol coastal craft for drug interdiction by Southern Command.

Sec. 332. Program authority for Department of Defense support for counterdrug activities.

Sec. 333. Southwest border fence.

Sec. 334. Revision and clarification of authority for Federal support of National Guard drug interdiction and counter-drug activities.

Sec. 335. Sense of Congress regarding priority of drug interdiction and

counter-drug activities.

Subtitle E—Other Matters

Sec. 341. Liquidity of working-capital funds.

Sec. 342. Termination of authority to manage working-capital funds and certain activities through the Defense Business Operations Fund.

Sec. 343. Clarification of authority to retain recovered costs of disposals in

working-capital funds.

Sec. 344. Best commercial inventory practices for management of secondary

supply items.

Sec. 345. Increased use of smart cards.

Sec. 346. Public-private competition in the provision of support services.

Sec. 347. Condition for providing financial assistance for support of additional

duties assigned to the Army National Guard.

Sec. 348. Repeal of prohibition on joint use of Gray Army Airfield, Fort Hood,

Texas.

Sec. 349. Inventory management of in-transit secondary items.

Sec. 350. Personnel reductions in Army Materiel Command.

Sec. 351. Prohibitions regarding evaluation of merit of selling malt beverages

and wine in commissary stores as exchange system merchandise.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Limited exclusions of joint duty officers from limitations on number

of general and flag officers.

Sec. 403. Limitation on daily average of personnel on active duty in grades E–

8 and E–9.

Sec. 404. Repeal of permanent end strength requirement for support of two

major regional contingencies.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.
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Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Exclusion of additional reserve component general and flag officers

from limitation on number of general and flag officers who

may serve on active duty.

Sec. 415. Increase in numbers of members in certain grades authorized to be

on active duty in support of the reserves.

Sec. 416. Consolidation of strength authorizations for active status Naval Reserve flag officers of the Navy Medical Department staff corps.

Subtitle C—Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Streamlined selective retention process for regular officers.

Sec. 502. Permanent applicability of limitations on years of active naval service

of Navy limited duty officers in grades of commander and captain.

Sec. 503. Involuntary separation pay denied for officer discharged for failure of

selection for promotion requested by the officer.

Sec. 504. Term of office of the Chief of the Air Force Nurse Corps.

Sec. 505. Attendance of recipients of Naval Reserve Officers’ Training Corps

scholarships at participating colleges or universities.

Subtitle B—Reserve Component Matters

Sec. 511. Service required for retirement of National Guard officer in higher

grade.

Sec. 512. Reduced time-in-grade requirement for reserve general and flag officers involuntarily transferred from active status.

Sec. 513. Eligibility of Army and Air Force Reserve brigadier generals to be

considered for promotion while on inactive status list.

Sec. 514. Composition of selective early retirement boards for rear admirals of

the Naval Reserve and major generals of the Marine Corps Reserve.

Sec. 515. Use of Reserves for emergencies involving weapons of mass destruction.

Subtitle C—Other Matters

Sec. 521. Annual manpower requirements report.

Sec. 522. Four-year extension of certain force reduction transition period management and benefits authorities.

Sec. 523. Continuation of eligibility for voluntary separation incentive after involuntary loss of membership in Ready or Standby Reserve.

Sec. 524. Repeal of limitations on authority to set rates and waive requirement

for reimbursement of expenses incurred for instruction at service academies of persons from foreign countries.

Sec. 525. Repeal of restriction on civilian employment of enlisted members.

Sec. 526. Extension of reporting dates for Commission on Military Training

and Gender-Related Issues.

Sec. 527. Moratorium on changes of gender-related policies and practices pending completion of the work of the Commission on Military

Training and Gender-Related Issues.
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Sec. 528. Transitional compensation for abused dependent children not residing

with the spouse or former spouse of a member convicted of dependent abuse.

Sec. 529. Pilot program for treating GED and home school diploma recipients

as high school graduates for determinations of eligibility for enlisting in the Armed Forces.

Sec. 530. Waiver of time limitations for award of certain decorations to certain

persons.

Sec. 531. Prohibition on entry into correctional facilities for presentation of

decorations to persons who commit certain crimes before presentation.

Sec. 532. Advancement of Benjamin O. Davis, Junior, to grade of general.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 1999.

Sec. 602. Rate of pay for cadets and midshipmen at the service academies.

Sec. 603. Payments for movements of household goods arranged by members.

Sec. 604. Leave without pay for suspended academy cadets and midshipmen.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Three-month extension of certain bonuses and special pay authorities

for reserve forces.

Sec. 612. Three-month extension of certain bonuses and special pay authorities

for nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. Three-month extension of authorities relating to payment of other bonuses and special pays.

Sec. 614. Eligibility of Reserves for selective reenlistment bonus when reenlisting or extending to perform active guard and reserve duty.

Sec. 615. Repeal of ten-percent limitation on payments of selective reenlistment

bonuses in excess of $20,000.

Sec. 616. Increase of maximum amount authorized for Army enlistment bonus.

Sec. 617. Education loan repayment program for health professions officers

serving in Selected Reserve.

Sec. 618. Increase in amount of basic educational assistance under all-volunteer

force program for personnel with critically short skills or specialties.

Sec. 619. Relationship of entitlements to enlistment bonuses and benefits under

the All-Volunteer Force Educational Assistance Program.

Sec. 620. Hardship duty pay.

Sec. 620A. Increased hazardous duty pay for aerial flight crewmembers in pay

grades E–4 to E–9.

Sec. 620B. Diving duty special pay for divers having diving duty as a nonprimary duty.

Sec. 620C. Retention incentives initiative for critically short military occupational specialties.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Travel and transportation for rest and recuperation in connection

with contingency operations and other duty.
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Sec. 622. Payment for temporary storage of baggage of dependent student not

taken on annual trip to overseas duty station of sponsor.

Sec. 623. Commercial travel of Reserves at Federal supply schedule rates for

attendance at inactive duty training assemblies.

Subtitle D—Retired Pay, Survivor Benefits, and Related

Matters

Sec. 631. Paid-up coverage under Survivor Benefit Plan.

Sec. 632. Court-required Survivor Benefit Plan coverage effectuated through

elections and deemed elections.

Sec. 633. Recovery, care, and disposition of remains of medically retired member who dies during hospitalization that begins while on active

duty.

Sec. 634. Survivor Benefit Plan open enrollment period.

Sec. 635. Eligibility for payments of certain survivors of captured and interned

Vietnamese operatives who were unmarried and childless at

death.

Sec. 636. Clarification of recipient of payments to persons captured or interned

by North Vietnam.

Sec. 637. Presentation of United States flag to members of the Armed Forces.

Sec. 638. Elimination of backlog of unpaid retired pay.

Subtitle E—Other Matters

Sec. 641. Definition of possessions of the United States for pay and allowances

purposes.

Sec. 642. Federal employees’ compensation coverage for students participating

in certain officer candidate programs.

Sec. 643. Authority to provide financial assistance for education of certain defense dependents overseas.

Sec. 644. Voting rights of military personnel.

TITLE VII—HEALTH CARE

Sec. 701. Dependents’ dental program.

Sec. 702. Extension of authority for use of personal services contracts for provision of health care at military entrance processing stations

and elsewhere outside medical treatment facilities.

Sec. 703. TRICARE Prime automatic enrollments and retiree payment options.

Sec. 704. Limited continued CHAMPUS coverage for persons unaware of a loss

of CHAMPUS coverage resulting from eligibility for medicare.

Sec. 705. Enhanced Department of Defense organ and tissue donor program.

Sec. 706. Joint Department of Defense and Department of Veterans Affairs reviews relating to interdepartmental cooperation in the delivery

of medical care.

Sec. 707. Demonstration projects to provide health care to certain medicare-eligible beneficiaries of the military health care system.

Sec. 708. Professional qualifications of physicians providing military health

care.

Sec. 709. Assessment of establishment of independent entity to evaluate postconflict illnesses among members of the Armed Forces and

health care provided by the Department of Defense and Department of Veterans Affairs before and after deployment of

such members.

Sec. 710. Lyme disease.
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Sec. 711. Accessibility to care under TRICARE.

Sec. 712. Health benefits for abused dependents of members of the Armed

Forces.

Sec. 713. Process for waiving informed consent requirement for administration

of certain drugs to members of Armed Forces.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Para-aramid fibers and yarns.

Sec. 802. Procurement of travel services for official and unofficial travel under

one contract.

Sec. 803. Limitation on use of price preference upon attainment of contract

goal for small and disadvantaged businesses.

Sec. 804. Distribution of assistance under the Procurement Technical Assistance Cooperative Agreement Program.

Sec. 805. Defense commercial pricing management improvement.

Sec. 806. Department of Defense purchases through other agencies.

Sec. 807. Supervision of Defense Acquisition University structure by Under

Secretary of Defense for Acquisition and Technology.

Sec. 808. Repeal of requirement for Director of Acquisition Education, Training, and Career Development to be within the Office of the

Under Secretary of Defense for Acquisition and Technology.

Sec. 809. Eligibility of involuntarily downgraded employee for membership in

an acquisition corps.

Sec. 810. Pilot programs for testing program manager performance of product

support oversight responsibilities for life cycle of acquisition

programs.

Sec. 811. Scope of protection of certain information from disclosure.

Sec. 812. Plan for rapid transition from completion of Small Business Innovation Research into defense acquisition programs.

Sec. 813. Senior executives covered by limitation on allowability of compensation for certain contractor personnel.

Sec. 814. Separate determinations of exceptional waivers of truth in negotiation

requirements for prime contracts and subcontracts.

Sec. 815. Five-year authority for Secretary of the Navy to exchange certain

items.

Sec. 816. Clarification of responsibility for submission of information on prices

previously charged for property or services offered.

Sec. 817. Denial of qualification of a small disadvantaged business supplier.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Sec. 901. Reduction in number of Assistant Secretary of Defense positions.

Sec. 902. Renaming of position of Assistant Secretary of Defense for Command, Control, Communications, and Intelligence.

Sec. 903. Authority to expand the National Defense University.

Sec. 904. Reduction in Department of Defense headquarters staff.

Sec. 905. Permanent requirement for quadrennial defense review.

Sec. 906. Management reform for research, development, test, and evaluation.

Sec. 907. Restructuring of administration of Fisher Houses.

Sec. 908. Redesignation of Director of Defense Research and Engineering as

Director of Defense Technology and Counterproliferation and

transfer of responsibilities.

Sec. 909. Center for Hemispheric Defense Studies.
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Sec. 910. Military aviation accident investigations.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Authorization of emergency appropriations for fiscal year 1999.

Sec. 1003. Authorization of prior emergency supplemental appropriations for

fiscal year 1998.

Sec. 1004. Partnership for Peace information system management.

Sec. 1005. Reductions in fiscal year 1998 authorizations of appropriations for

division A and division B and increases in certain authorizations of appropriations.

Sec. 1006. Amount authorized for contributions for NATO common-funded

budgets.

Subtitle B—Naval Vessels

Sec. 1011. Iowa class battleship returned to Naval Vessel Register.

Sec. 1012. Long-term charter of three vessels in support of submarine rescue,

escort, and towing.

Sec. 1013. Transfers of certain naval vessels to certain foreign countries.

Sec. 1014. Sense of Congress concerning the naming of an LPD–17 vessel.

Sec. 1015. Conveyance of NDRF vessel ex-U.S.S. Lorain County.

Sec. 1016. Homeporting of the U.S.S. Iowa battleship in San Francisco.

Sec. 1017. Ship scrapping pilot program.

Subtitle C—Miscellaneous Report Requirements and Repeals

Sec. 1021. Repeal of reporting requirements.

Sec. 1022. Report on Department of Defense financial management improvement plan.

Sec. 1023. Feasibility study of performance of Department of Defense finance

and accounting functions by private sector sources or other

Federal Government sources.

Sec. 1024. Reorganization and consolidation of operating locations of the Defense Finance and Accounting Service.

Sec. 1025. Report on inventory and control of military equipment.

Sec. 1026. Report on continuity of essential operations at risk of failure because of computer systems that are not year 2000 compliant.

Sec. 1027. Reports on naval surface fire-support capabilities.

Sec. 1028. Report on roles in Department of Defense aviation accident investigations.

Sec. 1029. Strategic plan for expanding distance learning initiatives.

Sec. 1030. Report on involvement of Armed Forces in contingency and ongoing

operations.

Sec. 1031. Submission of report on objectives of a contingency operation with

first request for funding the operation.

Sec. 1032. Reports on the development of the European Security and Defense

Identity.

Sec. 1033. Report on reduction of infrastructure costs at Brooks Air Force

Base, Texas.

Sec. 1034. Annual GAO review of F/A–18E/F aircraft program.

Sec. 1035. Review and report regarding the distribution of National Guard resources among States.
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Sec. 1036. Report on the peaceful employment of former Soviet experts on

weapons of mass destruction.

Subtitle D—Other Matters

Sec. 1041. Cooperative counterproliferation program.

Sec. 1042. Extension of counterproliferation authorities for support of United

Nations Special Commission on Iraq.

Sec. 1043. One-year extension of limitation on retirement or dismantlement of

strategic nuclear delivery systems.

Sec. 1044. Direct-line communication between United States and Russian commanders of strategic forces.

Sec. 1045. Chemical warfare defense.

Sec. 1046. Accounting treatment of advance payment of personnel.

Sec. 1047. Reinstatement of definition of financial institution in authorities for

reimbursing defense personnel for Government errors in direct

deposits of pay.

Sec. 1048. Pilot program on alternative notice of receipt of legal process for

garnishment of Federal pay for child support and alimony.

Sec. 1049. Costs payable to the Department of Defense and other Federal

agencies for services provided to the Defense Commissary

Agency.

Sec. 1050. Collection of dishonored checks presented at commissary stores.

Sec. 1051. Defense Commissary Agency telecommunications.

Sec. 1052. Research grants competitively awarded to service academies.

Sec. 1053. Clarification and simplification of responsibilities of Inspectors General regarding whistleblower protections.

Sec. 1054. Amounts recovered from claims against third parties for loss or

damage to personal property shipped or stored at Government

expense.

Sec. 1055. Eligibility for attendance at Department of Defense domestic dependent elementary and secondary schools.

Sec. 1056. Fees for providing historical information to the public.

Sec. 1057. Periodic inspection of the Armed Forces Retirement Home.

Sec. 1058. Transfer of F–4 Phantom II aircraft to foundation.

Sec. 1059. Act constituting presidential approval of vessel war risk insurance

requested by the Secretary of Defense.

Sec. 1060. Commendation and memorialization of the United States Navy Asiatic Fleet.

Sec. 1061. Program to commemorate 50th anniversary of the Korean War.

Sec. 1062. Department of Defense use of frequency spectrum.

Sec. 1063. Technical and clerical amendments.

Sec. 1064. Extension and reauthorization of Defense Production Act of 1950.

Sec. 1065. Budgeting for continued participation of United States forces in

NATO operations in Bosnia and Herzegovina.

Sec. 1066. NATO participation in the performance of public security functions

of civilian authorities in Bosnia and Herzegovina.

Sec. 1067. Pilot program for revitalizing the laboratories and test and evaluation centers of the Department of Defense.

Sec. 1068. Sense of Congress regarding the heroism, sacrifice, and service of

former South Vietnamese commandos in connection with

United States Armed Forces during the Vietnam conflict.

Sec. 1069. Sense of the Senate regarding declassification of classified information of the Department of Defense and the Department of Energy.
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Sec. 1070. Russian nonstrategic nuclear weapons.

Sec. 1071. Sense of Senate on nuclear tests in South Asia.

Sec. 1072. Sense of Congress regarding continued participation of United

States forces in operations in Bosnia and Herzegovina.

Sec. 1073. Commission to assess the reliability, safety, and security of the

United States nuclear deterrent.

Sec. 1074. Authority for waiver of moratorium on Armed Forces use of antipersonnel landmines.

Sec. 1075. Appointment of Director and Deputy Director of the Naval Home.

Sec. 1076. Sense of the Congress on the Defense Science and Technology Program.

Sec. 1077. Demilitarization and exportation of defense property.

Sec. 1078. Designation of America’s National Maritime Museum.

Sec. 1079. Burial honors for veterans.

Sec. 1080. Chemical stockpile emergency preparedness program.

Sec. 1081. Sense of Senate regarding the August 1995 assassination attempt

against President Shevardnadze of Georgia.

Sec. 1082. Issuance of burial flags for deceased members and former members

of the Selected Reserve.

Sec. 1083. Eliminating secret Senate holds.

Sec. 1084. Defense burdensharing.

Sec. 1085. Review of Defense Automated Printing Service functions.

Sec. 1086. Increased missile threat in Asia-Pacific region.

Sec. 1087. Cooperation between the Department of the Army and the EPA in

meeting CWC requirements.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL

Sec. 1101. Repeal of employment preference not needed for recruitment and retention of qualified child care providers.

Sec. 1102. Maximum pay rate comparability for faculty members of the United

States Air Force Institute of Technology.

Sec. 1103. Four-year extension of voluntary separation incentive pay authority.

Sec. 1104. Department of Defense employee voluntary early retirement authority.

Sec. 1105. Defense Advanced Research Projects Agency experimental personnel

management program for technical personnel.

TITLE XII—JOINT WARFIGHTING EXPERIMENTATION

Sec. 1201. Findings.

Sec. 1202. Sense of Congress.

Sec. 1203. Reports on joint warfighting experimentation.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and
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1 (2) the Committee on National Security and the

2 Committee on Appropriations of the House of Rep3 resentatives.

4 TITLE I—PROCUREMENT

5 Subtitle A—Authorization of

6 Appropriations

7 SEC. 101. ARMY.

8 Funds are hereby authorized to be appropriated for

9 fiscal year 1999 for procurement for the Army as follows:

10 (1) For aircraft, $1,466,508,000.

11 (2) For missiles, $1,175,539,000.

12 (3) For weapons and tracked combat vehicles,

13 $1,443,108,000.

14 (4) For ammunition, $1,010,155,000.

15 (5) For other procurement, $3,565,927,000.

16 SEC. 102. NAVY AND MARINE CORPS.

17 (a) NAVY.—Funds are hereby authorized to be appro18 priated for fiscal year 1999 for procurement for the Navy

19 as follows:

20 (1) For aircraft, $7,499,934,000.

21 (2) For weapons, including missiles and tor22 pedoes, $1,370,045,000.

23 (3) For shipbuilding and conversion,

24 $6,067,272,000.

25 (4) For other procurement, $4,052,012,000.
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1 (b) MARINE CORPS.—Funds are hereby authorized to

2 be appropriated for fiscal year 1999 for procurement for

3 the Marine Corps in the amount of $910,558,000.

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

5 are hereby authorized to be appropriated for procurement

6 of ammunition for the Navy and the Marine Corps in the

7 amount of $476,539,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1999 for procurement for the Air Force as fol11 lows:

12 (1) For aircraft, $8,303,839,000.

13 (2) For missiles, $2,354,745,000.

14 (3) For ammunition, $384,161,000.

15 (4) For other procurement, $6,792,081,000.

16 SEC. 104. DEFENSE-WIDE ACTIVITIES.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1999 for Defense-wide procurement in the

19 amount of $2,029,250,000.

20 SEC. 105. RESERVE COMPONENTS.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1999 for procurement of aircraft, vehicles, com23 munications equipment, and other equipment for the re24 serve components of the Armed Forces as follows:
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1 (1) For the Army National Guard,

2 $10,000,000.

3 (2) For the Air National Guard, $10,000,000.

4 (3) For the Army Reserve, $10,000,000.

5 (4) For the Naval Reserve, $10,000,000.

6 (5) For the Air Force Reserve, $10,000,000.

7 (6) For the Marine Corps Reserve,

8 $10,000,000.

9 SEC. 106. DEFENSE INSPECTOR GENERAL.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 1999 for procurement for the Inspector General

12 of the Department of Defense in the amount of

13 $1,300,000.

14 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

15 There is hereby authorized to be appropriated for fis16 cal year 1999 the amount of $780,150,000 for—

17 (1) the destruction of lethal chemical agents

18 and munitions in accordance with section 1412 of

19 the Department of Defense Authorization Act, 1986

20 (50 U.S.C. 1521); and

21 (2) the destruction of chemical warfare material

22 of the United States that is not covered by section

23 1412 of such Act.
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1 SEC. 108. DEFENSE HEALTH PROGRAMS.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1999 for the Department of Defense for pro4 curement for carrying out health care programs, projects,

5 and activities of the Department of Defense in the total

6 amount of $402,387,000.

7 SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.

8 Funds are hereby authorized to be appropriated for

9 fiscal year 1999 for the Department of Defense for carry10 ing out the Defense Export Loan Guarantee Program

11 under section 2540 of title 10, United States Code, in the

12 total amount of $1,250,000.

13 Subtitle B—Army Programs

14 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

15 LONGBOW HELLFIRE MISSILE PROGRAM.

16 Beginning with the fiscal year 1999 program year,

17 the Secretary of the Army may, in accordance with section

18 2306b of title 10, United States Code, enter into a

19 multiyear procurement contract for the procurement of

20 the Longbow Hellfire missile. The contract may be for a

21 term of five years.

22 SEC. 112. CONDITION FOR AWARD OF MORE THAN ONE

23 MULTIYEAR CONTRACT FOR THE FAMILY OF

24 MEDIUM TACTICAL VEHICLES.

25 Before awarding a multiyear procurement contract

26 for the production of the Family of Medium Tactical Vehi-
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1 cles to more than one contractor under the authority of

2 section 112(b) of the National Defense Authorization Act

3 for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

4 1648), the Secretary of the Army shall certify in writing

5 to the congressional defense committees that—

6 (1) the total quantity of Family of Medium

7 Tactical Vehicles trucks required by the Army to be

8 delivered in any 12-month period exceeds the pro9 duction capacity of any single prime contractor; or

10 (2)(A) the total cost of the procurements to the

11 Army under all such contracts over the period of the

12 contracts will be the same as or lower than the

13 amount that would be the total cost of the procure14 ments if only one such contract were awarded; and

15 (B) the vehicles to be produced by all contrac16 tors under the contracts will be produced with com17 mon components that will be interchangeable among

18 similarly configured models.

19 SEC. 113. ARMORED SYSTEM MODERNIZATION.

20 (a) LIMITATION.—Of the funds authorized to be ap21 propriated under section 101(3), $20,300,000 of the funds

22 available for the M1A1D Application Integration Kit may

23 not be obligated for the procurement of the Kit until 30

24 days after the Secretary of the Army submits the report

25 required under subsection (b).
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1 (b) REPORT.—Not later than January 31, 1999, the

2 Secretary of the Army shall submit a report on armored

3 system modernization to the congressional defense com4 mittees. The report shall contain an assessment of the cur5 rent acquisition and fielding strategies for the M1A2

6 Abrams Tank and M2A3 Bradley Fighting Vehicle and

7 an assessment of alternatives to those strategies. The re8 port shall specifically include an assessment of an alter9 native fielding strategy that provides for placing all of the

10 armored vehicles configured in the latest variant into one

11 heavy corps. The assessment of each alternative strategy

12 shall include the following:

13 (1) The relative effects on warfighting capabili14 ties in terms of operational effectiveness and train15 ing and support efficiencies, taking into consider16 ation the joint warfighting context.

17 (2) How the alternative strategy would facili18 tate the transition to the Future Scout and Cavalry

19 System, the Future Combat System, or other ar20 mored systems for the future force structure known

21 as the Army After Next.

22 (3) How the alternative strategy fits into the

23 context of overall armored system modernization

24 through 2020.

25 (4) Budgetary implications.
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1 (5) Implications for the national technology and

2 industrial base.

3 SEC. 114. REACTIVE ARMOR TILES.

4 (a) LIMITATION.—None of the funds authorized to

5 be appropriated under section 101(3) or 102(b) may be

6 obligated for the procurement of reactive armor tiles until

7 30 days after the date on which the Secretary of Defense

8 submits to the congressional defense committees the study

9 required by subsection (c).

10 (b) EXCEPTION.—The limitation in subsection (a)

11 does not apply to the obligation of any funds for the pro12 curement of armor tiles for an armored vehicle for which

13 the Secretary of the Army or, in the case of the Marine

14 Corps, the Secretary of the Navy, had established a re15 quirement for such tiles before the date of the enactment

16 of this Act.

17 (c) STUDY REQUIRED.—(1) The Secretary of De18 fense shall contract with an entity independent of the De19 partment of Defense to conduct a study of the present

20 and future operational requirements of the Army and the

21 Marine Corps for reactive armor tiles for armored vehicles

22 and to submit to the Secretary a report on the results

23 of the study.

24 (2) The study shall include the following:
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1 (A) A detailed assessment of the operational re2 quirements of the Army and the Marine Corps for

3 reactive armor tiles for each of the armored vehicles

4 presently in use, including the requirements for each

5 vehicle in its existing configurations and in configu6 rations proposed for the vehicle.

7 (B) For each armored vehicle, an analysis of

8 the costs and benefits of the procurement and instal9 lation of the tiles, including a comparison of those

10 costs and benefits with the costs and benefits of any

11 existing upgrade program for the armored vehicle.

12 (3) The entity carrying out the study shall request

13 the views of the Secretary of the Army and the Secretary

14 of the Navy.

15 (d) SUBMISSION TO CONGRESS.—Not later than

16 April 1, 1999, the Secretary of Defense shall submit to

17 the congressional defense committees—

18 (1) the report on the study;

19 (2) the comments of the Secretary of the Army

20 and the Secretary of the Navy on the study; and

21 (3) for each vehicle for which it is determined

22 that a requirement for reactive armor tiles exists,

23 the Secretary’s recommendations as to the number

24 of vehicles to be equipped with the tiles.
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1 SEC. 115. ANNUAL REPORTING OF COSTS ASSOCIATED

2 WITH TRAVEL OF MEMBERS OF CHEMICAL

3 DEMILITARIZATION CITIZENS’ ADVISORY

4 COMMISSION.

5 (a) INFORMATION TO BE INCLUDED IN ANNUAL RE6 PORT ON CHEMICAL DEMILITARIZATION PROGRAM.—Sec7 tion 1412(g)(2) of the Department of Defense Authoriza8 tion Act, 1986 (50 U.S.C. 1521(g)(2)) is amended by add9 ing at the end the following:

10 ‘‘(C) An accounting of all funds expended (for

11 the fiscal year covered by the report) for travel and

12 associated travel costs for Citizens’ Advisory Com13 missioners under section 172(g) of Public Law 102–

14 484 (50 U.S.C. 1521 note).’’.

15 (b) TECHNICAL AMENDMENT.—Section 1412(g) of

16 section 1412 of such Act is amended by striking out ‘‘(g)

17 PERIODIC REPORTS.—’’ and inserting in lieu thereof ‘‘(g)

18 ANNUAL REPORT.—’’.

19 SEC. 116. EXTENSION OF AUTHORITY TO CARRY OUT AR20 MAMENT RETOOLING AND MANUFACTURING

21 SUPPORT INITIATIVE.

22 Section 193(a) of the Armament Retooling and Man23 ufacturing Support Act of 1992 (subtitle H of title I of

24 Public Law 102–484; 10 U.S.C. 2501 note) is amended

25 by striking out ‘‘During fiscal years 1993 through 1998’’
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1 and inserting in lieu thereof ‘‘During fiscal years 1993

2 through 1999’’.

3 SEC. 117. ALTERNATIVE TECHNOLOGIES FOR DESTRUC4 TION OF ASSEMBLED CHEMICAL WEAPONS.

5 (a) PROGRAM MANAGEMENT.—The program man6 ager for the Assembled Chemical Weapons Assessment

7 shall continue to manage the development and testing (in8 cluding demonstration and pilot-scale testing) of tech9 nologies for the destruction of lethal chemical munitions

10 that are potential or demonstrated alternatives to inciner11 ation. In performing such function, the program manager

12 shall act independently of the program manager for the

13 baseline chemical demilitarization program and shall re14 port to the Under Secretary of Defense for Acquisition

15 and Technology.

16 (b) POST-DEMONSTRATION ACTIVITIES.—(1) The

17 program manager for the Assembled Chemical Weapons

18 Assessment may undertake the activities that are nec19 essary to ensure that an alternative technology for the de20 struction of lethal chemical munitions can be implemented

21 immediately after—

22 (A) the technology has been demonstrated suc23 cessful; and
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1 (B) the Under Secretary of Defense for Acqui2 sition and Technology has submitted a report on the

3 demonstration to Congress.

4 (2) To prepare for the immediate implementation of

5 any such technology, the program manager may, during

6 fiscal years 1998 and 1999, take the following actions:

7 (A) Establish program requirements.

8 (B) Prepare procurement documentation.

9 (C) Develop environmental documentation.

10 (D) Identify and prepare to meet public out11 reach and public participation requirements.

12 (E) Prepare to award a contract for the design,

13 construction, and operation of a pilot facility for the

14 technology to the provider team for the technology

15 not later than June 1, 1999.

16 (c) INDEPENDENT EVALUATION.—The Under Sec17 retary of Defense for Acquisition and Technology shall

18 provide for two evaluations of the cost and schedule of

19 the Assembled Chemical Weapons Assessment to be per20 formed, and for each such evaluation to be submitted to

21 the Under Secretary, not later than September 30, 1999.

22 One of the evaluations shall be performed by a nongovern23 mental organization qualified to make such an evaluation,

24 and the other evaluation shall be performed separately by
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1 the Cost Analysis Improvement Group of the Department

2 of Defense.

3 (d) PILOT FACILITIES CONTRACTS.—(1) The Under

4 Secretary of Defense for Acquisition and Technology shall

5 determine whether to proceed with pilot-scale testing of

6 a technology referred to in paragraph (2) in time to award

7 a contract for the design, construction, and operation of

8 a pilot facility for the technology to the provider team for

9 the technology not later than December 30, 1999. If the

10 Under Secretary determines to proceed with such testing,

11 the Under Secretary shall (exercising the acquisition au12 thority of the Secretary of Defense) so award a contract

13 not later than such date.

14 (2) Paragraph (1) applies to an alternative tech15 nology for the destruction of lethal chemical munitions,

16 other than incineration, that the Under Secretary—

17 (A) certifies in writing to Congress is—

18 (i) as safe and cost effective for disposing

19 of assembled chemical munitions as is inciner20 ation of such munitions; and

21 (ii) is capable of completing the destruction

22 of such munitions on or before the later of the

23 date by which the destruction of the munitions

24 would be completed if incineration were used or

25 the deadline date for completing the destruction
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1 of the munitions under the Chemical Weapons

2 Convention; and

3 (B) determines as satisfying the Federal and

4 State environmental and safety laws that are appli5 cable to the use of the technology and to the design,

6 construction, and operation of a pilot facility for use

7 of the technology.

8 (3) The Under Secretary shall consult with the Na9 tional Research Council in making determinations and cer10 tifications for the purpose of paragraph (2).

11 (4) In this subsection, the term ‘‘Chemical Weapons

12 Convention’’ means the Convention on the Prohibition of

13 Development, Production, Stockpiling and Use of Chemi14 cal Weapons and on their Destruction, opened for signa15 ture on January 13, 1993, together with related annexes

16 and associated documents.

17 (e) FUNDING.—(1) Of the total amount authorized

18 to be appropriated under section 107, $18,000,000 shall

19 be available for the program manager for the Assembled

20 Chemical Weapons Assessment for the following:

21 (A) Demonstrations of alternative technologies

22 under the Assembled Chemical Weapons Assess23 ment.

24 (B) Planning and preparation to proceed from

25 demonstration of an alternative technology imme-
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1 diately into the development of a pilot-scale facility

2 for the technology, including planning and prepara3 tion for—

4 (i) continued development of the tech5 nology leading to deployment of the technology

6 for use;

7 (ii) satisfaction of requirements for envi8 ronmental permits;

9 (iii) demonstration, testing, and evaluation;

10 (iv) initiation of actions to design a pilot

11 plant;

12 (v) provision of support at the field office

13 or depot level for deployment of the technology

14 for use; and

15 (vi) educational outreach to the public to

16 engender support for the deployment.

17 (C) The independent evaluation of cost and

18 schedule required under subsection (c).

19 (2) Funds authorized to be appropriated under sec20 tion 107(1) are authorized to be used for awarding con21 tracts in accordance with subsection (d) and for taking

22 any other action authorized in this section.

23 (f) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT

24 DEFINED.—In this section, the term ‘‘Assembled Chemi25 cal Weapons Assessment’’ means the pilot program car-
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1 ried out under section 8065 of the Department of Defense

2 Appropriations Act, 1997 (section 101(b) of Public Law

3 104–208; 110 Stat. 3009–101; 50 U.S.C. 1521 note).

4 Subtitle C—Navy Programs

5 SEC. 121. CVN–77 NUCLEAR AIRCRAFT CARRIER PROGRAM.

6 Of the amount authorized to be appropriated under

7 section 102(a)(3) for fiscal year 1999, $124,500,000 is

8 available for the advance procurement and advance con9 struction of components (including nuclear components)

10 for the CVN–77 nuclear aircraft carrier program.

11 SEC. 122. INCREASED AMOUNT TO BE EXCLUDED FROM

12 COST LIMITATION FOR SEAWOLF SUBMARINE

13 PROGRAM.

14 Section 123(a) of the National Defense Authorization

15 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

16 1650) is amended by striking out ‘‘$272,400,000’’ and in17 serting in lieu thereof ‘‘$557,600,000’’.

18 SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR

19 THE MEDIUM TACTICAL VEHICLE REPLACE20 MENT.

21 Beginning with the fiscal year 1999 program year,

22 the Secretary of the Navy may, in accordance with section

23 2306b of title 10, United States Code, enter into a

24 multiyear procurement contract for the procurement of
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1 the Medium Tactical Vehicle Replacement. The contract

2 may be for a term of five years.

3 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR

4 CERTAIN AIRCRAFT PROGRAMS.

5 Beginning with the fiscal year 1999 program year,

6 the Secretary of the Navy may, in accordance with section

7 2306b of title 10, United States Code, enter into multiyear

8 contracts for the procurement of the following aircraft:

9 (1) The AV–8B aircraft.

10 (2) The E–2C aircraft.

11 (3) The T–45 aircraft.

12 Subtitle D—Air Force Programs

13 SEC. 131. JOINT SURVEILLANCE TARGET ATTACK RADAR

14 SYSTEM.

15 (a) AMOUNT FOR FOLLOW-ON OPTIONS.—Of the

16 amount authorized to be appropriated under section

17 103(1) for the Joint Surveillance Target Attack Radar

18 System (JSTARS) program, $72,000,000 is available for

19 funding the following options:

20 (1) Advance procurement of long-lead items for

21 two additional E–8C JSTARS aircraft.

22 (2) Payment of expenses associated with termi23 nation of production of JSTARS aircraft, together

24 with augmentation of other funding for the program

25 for development of an improved joint surveillance
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1 target attack radar, known as the radar technology

2 insertion program.

3 (b) LIMITATION.—None of the funds available in ac4 cordance with subsection (a) for funding an option de5 scribed in that subsection may be obligated until 30 days

6 after the date on which the Secretary of Defense submits

7 to Congress a plan for using the funds. The plan shall

8 specify the option selected, the reasons for the selection

9 of that option, and details about how the funds are to be

10 used for that option.

11 SEC. 132. LIMITATION ON REPLACEMENT OF ENGINES ON

12 MILITARY AIRCRAFT DERIVED FROM BOEING

13 707 AIRCRAFT.

14 None of the funds authorized to be appropriated

15 under this title may be obligated or expended for the re16 placement of engines on aircraft of the Department of De17 fense that are derived from the Boeing 707 aircraft until

18 the Secretary of Defense has submitted the analysis re19 quired by section 133 of the National Defense Authoriza20 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

21 Stat. 1652).

22 SEC. 133. F–22 AIRCRAFT PROGRAM.

23 (a) LIMITATION ON ADVANCE PROCUREMENT.—(1)

24 Amounts available for the Department of Defense for any

25 fiscal year for the F–22 aircraft program may not be obli-
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1 gated for advance procurement for the six Lot II F–22

2 aircraft before the date that is 30 days after date that

3 is applicable under paragraph (2) or (3).

4 (2) The applicable date for the purposes of paragraph

5 (1) is the date on which the Secretary of Defense submits

6 a certification under subsection (b)(1) unless the Sec7 retary submits a report under subsection (b)(2).

8 (3) If the Secretary submits a report under sub9 section (b)(2), the applicable date for the purposes of

10 paragraph (1) is the later of—

11 (A) the date on which the Secretary of Defense

12 submits the report; or

13 (B) the date on which the Director of Oper14 ational Test and Evaluation submits the certification

15 required under subsection (c).

16 (b) CERTIFICATION BY SECRETARY OF DEFENSE.—

17 (1) Upon the completion of 433 hours of flight testing of

18 F–22 flight test vehicles, the Secretary of Defense shall

19 submit to the congressional defense committees a certifi20 cation of the completion of that amount of flight testing.

21 A certification is not required under this paragraph if the

22 Secretary submits a report under paragraph (2).

23 (2) If the Secretary determines that a number of

24 hours of flight testing of F–22 flight test vehicles less than

25 433 hours provides the Defense Acquisition Board with
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1 a sufficient basis for deciding to proceed into production

2 of Lot II F–22 aircraft, the Secretary may submit a report

3 to the congressional defense committees upon the comple4 tion of that lesser number of hours of flight testing. A

5 report under this paragraph shall contain the following:

6 (A) A certification of the number of hours of

7 flight testing completed.

8 (B) The reasons for the Secretary’s determina9 tion that the lesser number of hours is a sufficient

10 basis for a decision by the board.

11 (C) A discussion of the extent to which the Sec12 retary’s determination is consistent with each deci13 sion made by the Defense Acquisition Board since

14 January 1997 in the case of a major aircraft acqui15 sition program that the amount of flight testing

16 completed for the program was sufficient or not suf17 ficient to justify a decision to proceed into low-rate

18 initial production.

19 (D) A determination by the Secretary that it is

20 more financially advantageous for the Department to

21 proceed into production of Lot II F–22 aircraft than

22 to delay production until completion of 433 hours of

23 flight testing, together with the reasons for that de24 termination.
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1 (c) CERTIFICATION BY THE DIRECTOR OF OPER2 ATIONAL TEST AND EVALUATION.—Upon the completion

3 of 183 hours of the flight testing of F–22 flight test vehi4 cles provided for in the test and evaluation master plan

5 for the F–22 aircraft program, as in effect on October

6 1, 1997, the Director of Operational Test and Evaluation

7 shall submit to the congressional defense committees a

8 certification of the completion of that flight testing.

9 SEC. 134. C–130J AIRCRAFT PROGRAM.

10 Not later than March 1, 1999, the Secretary of De11 fense shall review the C–130J aircraft program and sub12 mit a report on the program to the congressional defense

13 committees. The report shall include at least the following:

14 (1) A discussion of the testing planned and the

15 testing conducted under the program, including—

16 (A) the testing schedule intended at the

17 beginning of the program;

18 (B) the testing schedule as of when the

19 testing commenced; and

20 (C) an explanation of the time taken for

21 the testing.

22 (2) The cost and schedule of the program,

23 including—
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1 (A) whether the Department has exercised

2 or plans to exercise contract options for fiscal

3 years 1996, 1997, 1998, and 1999;

4 (B) when the Department expects the air5 craft to be delivered and how the delivery dates

6 compare to the delivery dates specified in the

7 contract;

8 (C) whether the Department expects to

9 make any modification to the negotiated con10 tract price for these aircraft, and the amount

11 and basis for any such modification; and

12 (D) whether the Department expects the

13 reported delays and overruns in the develop14 ment of the aircraft to have any other impact

15 on the cost, schedule, or performance of the air16 craft.

17 TITLE II—RESEARCH, DEVELOP18 MENT, TEST, AND EVALUA19 TION

20 Subtitle A—Authorization of

21 Appropriations

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

23 Funds are hereby authorized to be appropriated for

24 fiscal year 1999 for the use of the Department of Defense

25 for research, development, test, and evaluation as follows:
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1 (1) For the Army, $4,838,145,000.

2 (2) For the Navy, $8,219,997,000.

3 (3) For the Air Force, $13,673,993,000.

4 (4) For Defense-wide activities,

5 $9,583,822,000, of which—

6 (A) $249,106,000 is authorized for the ac7 tivities of the Director, Test and Evaluation;

8 and

9 (B) $25,245,000 is authorized for the Di10 rector of Operational Test and Evaluation.

11 SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

12 (a) FISCAL YEAR 1999.—Of the amounts authorized

13 to be appropriated by section 201, $4,186,817,000 shall

14 be available for basic research and applied research

15 projects.

16 (b) BASIC RESEARCH AND APPLIED RESEARCH DE17 FINED.—For purposes of this section, the term ‘‘basic re18 search and applied research’’ means work funded in pro19 gram elements for defense research and development

20 under Department of Defense category 6.1 or 6.2.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 211. CRUSADER SELF-PROPELLED ARTILLERY SYS5 TEM PROGRAM.

6 (a) LIMITATION.—Of the amount authorized to be

7 appropriated for the Army pursuant to section 201(1), not

8 more than $223,000,000 may be obligated for the Cru9 sader self-propelled artillery system program until 30 days

10 after the date on which the Secretary of the Army submits

11 the report required under subsection (b).

12 (b) REQUIREMENT FOR REPORT.—The Secretary of

13 the Army shall submit to the congressional defense com14 mittees a report on the Crusader self-propelled artillery

15 system. The report shall include the following:

16 (1) An assessment of the risks associated with

17 the current Crusader program technology.

18 (2) The total requirements for the Crusader

19 system, taking into consideration revisions in force

20 structure resulting from the redesign of heavy and

21 light divisions to achieve a force structure known as

22 the Army After Next.

23 (3) The potential for reducing the weight of the

24 Crusader system by as much as 50 percent.
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1 (4) The potential for using alternative propel2 lants for the artillery projectile for the Crusader sys3 tem and the effects on the overall program schedule

4 that would result from taking the actions and time

5 necessary to develop mature technologies for alter6 native propellants.

7 (5) An analysis of the costs and benefits of de8 laying procurement of Crusader to avoid afford9 ability issues associated with the current schedule

10 and to allow for maturation of weight and propellant

11 technologies.

12 (c) SUBMISSION OF REPORT.—The Secretary of the

13 Army shall submit the report not later than March 1,

14 1999.

15 SEC. 212. CVN–77 NUCLEAR AIRCRAFT CARRIER PROGRAM.

16 (a) AMOUNT FOR NEW TECHNOLOGIES.—Of the

17 amounts authorized to be appropriated under section

18 201(2) for aircraft carrier system development,

19 $50,000,000 shall be available only for research, develop20 ment, test, and evaluation, and for acquisition, of tech21 nologies described in subsection (b) for use in the CVN–

22 77 nuclear aircraft carrier program.

23 (b) TECHNOLOGIES.—The technologies for which

24 amounts are available under subsection (a) are tech25 nologies that are designed—
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1 (1) for a transition from the CVN–77 aircraft

2 carrier program to the CV(X) aircraft carrier pro3 gram; and

4 (2) for—

5 (A) demonstrating enhanced capabilities

6 for the CV(X) aircraft carrier program; or

7 (B) mitigating the cost or technical risks

8 of that program.

9 SEC. 213. UNMANNED AERIAL VEHICLE PROGRAMS.

10 (a) TERMINATION OF DARK STAR PROGRAM.—The

11 Secretary of Defense shall terminate the Dark Star un12 manned aerial vehicle program. Except as provided in sub13 section (b), funds available for that program may be obli14 gated after the date of the enactment of this Act only for

15 costs necessary for terminating the program.

16 (b) GLOBAL HAWK PROGRAM.—Of the unobligated

17 balance of the funds available for the Dark Star un18 manned aerial vehicle program, $32,500,000 shall be

19 available for the procurement of three Global Hawk un20 manned aerial vehicles. However, none of the funds made

21 available for the Global Hawk unmanned aerial vehicle

22 program under the preceding sentence may be obligated

23 or expended for that program until phase II testing of the

24 Global Hawk unmanned aerial vehicle has been completed.
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1 SEC. 214. AIRBORNE LASER PROGRAM.

2 (a) FINDINGS.—Congress makes the following find3 ings:

4 (1) The development plan of the Department of

5 Defense for the Airborne Laser Program does not

6 include the basic validation of certain key tech7 nologies until 2002, which is shortly before the pro8 gram is scheduled to enter the engineering and man9 ufacturing development phase of development.

10 (2) It is possible that the technical risk of the

11 Airborne Laser Program could be substantially re12 duced by restructuring the program to include a

13 technology demonstration using a low power laser

14 device to collect optical data in an operationally rep15 resentative environment.

16 (3) Department of Defense officials are cur17 rently planning to have expended approximately

18 $1,300,000,000 on the Airborne Laser Program by

19 the end of fiscal year 2002, and a total of

20 $6,300,000,000 by the end of fiscal year 2008 for

21 the development of the system and the procurement

22 of seven airborne laser aircraft.

23 (4) Due to the likely vulnerability of an air24 borne laser system to air defense threats, the limited

25 lethal range of the laser device, and other oper26 ational limitations of the system, the utility of the
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1 airborne laser system will be severely restricted

2 under a wide range of operational scenarios.

3 (b) ASSESSMENT OF TECHNICAL AND OPERATIONAL

4 LIMITATIONS.—The Secretary of Defense shall conduct an

5 assessment of the technical obstacles and operational

6 shortcomings expected for the Airborne Laser Program.

7 In conducting the assessment, the Secretary shall—

8 (1) require the Panel on Reducing Risk in Bal9 listic Missile Defense Test Programs to evaluate the

10 adequacy of the test program for the Airborne Laser

11 Program; and

12 (2) establish an independent team of persons

13 from outside the Department of Defense who are ex14 perts in relevant fields to review the operational limi15 tations and issues associated with the Airborne

16 Laser Program.

17 (c) REPORT ON ASSESSMENT.—Not later than March

18 15, 1999, the Secretary shall submit a report on the as19 sessment to Congress. The report shall include the Sec20 retary’s findings and any recommendations that the Sec21 retary considers appropriate.

22 (d) FUNDING FOR PROGRAM.—Of the amount au23 thorized to be appropriated under section 201(3),

24 $195,219,000 shall be available for the Airborne Laser

25 Program.
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1 (e) LIMITATION.—Of the amount made available pur2 suant to subsection (d), not more than $150,000,000 may

3 be obligated until 30 days after the Secretary submits the

4 report required under subsection (c).

5 SEC. 215. ENHANCED GLOBAL POSITIONING SYSTEM PRO6 GRAM.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) Section 152(b) of the National Defense Au10 thorization Act for Fiscal Year 1994 (Public Law

11 103–160; 107 Stat. 1578) prohibits the obligation of

12 funds, after September 30, 2000, to modify or pro13 cure any Department of Defense aircraft, ship, ar14 mored vehicle, or indirect-fire weapon system that is

15 not equipped with a Global Positioning System re16 ceiver.

17 (2) Section 279(b) of the National Defense Au18 thorization Act for Fiscal Year 1996 (Public Law

19 104–106; 110 Stat. 243) requires the Secretary of

20 Defense to prepare a plan for enhancing the Global

21 Positioning System and to provide in that plan for—

22 (A) the development of capabilities to deny

23 hostile military forces the ability to use the

24 Global Positioning System without hindering

25 the ability of United States military forces and
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1 civil users to have access to and use of the sys2 tem; and

3 (B) the development and acquisition of re4 ceivers for the Global Positioning System and

5 other techniques for weapons and weapon sys6 tems that provide substantially improved resist7 ance to jamming and other forms of electronic

8 interference or disruption.

9 (3) Section 2281 of title 10, United States

10 Code, requires the Secretary of Defense—

11 (A) to develop appropriate measures for

12 preventing hostile use of the Global Positioning

13 System so as to make it unnecessary for the

14 Secretary to use the selective availability fea15 ture of the system continuously while not hin16 dering the use of the Global Positioning System

17 by the United States and its allies for military

18 purposes;

19 (B) to ensure that the Armed Forces of

20 the United States have the capability to use the

21 Global Positioning System effectively despite

22 hostile attempts to prevent the use of the sys23 tem by such forces; and

24 (C) to develop measures for preventing

25 hostile use of the Global Positioning System in
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1 a particular area without hindering peaceful

2 civil use of the system elsewhere.

3 (b) POLICY ON PRIORITY FOR DEVELOPMENT OF EN4 HANCED GPS SYSTEM.—The development of an enhanced

5 Global Positioning System is an urgent national security

6 priority.

7 (c) DEVELOPMENT REQUIRED.—To fulfill the re8 quirements described in subsection (a), the Secretary of

9 Defense shall develop an enhanced Global Positioning Sys10 tem in accordance with the priority declared in subsection

11 (b). The enhanced Global Positioning System shall consist

12 of the following elements:

13 (1) An evolved satellite system that includes dy14 namic frequency reconfiguration and regional-level

15 directional signal enhancements.

16 (2) Enhanced receivers and user equipment

17 that are capable of providing military users with di18 rect access to encrypted Global Positioning System

19 signals.

20 (3) To the extent funded by the Secretary of

21 Transportation, additional civil frequencies and

22 other enhancements for civil users.

23 (d) SENSE OF CONGRESS REGARDING FUNDING.—

24 It is the sense of Congress that—
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1 (1) the Secretary of Defense should ensure that

2 the future-years defense program provides for suffi3 cient funding to develop and deploy an enhanced

4 Global Positioning System system in accordance

5 with the priority declared in subsection (b); and

6 (2) the Secretary of Transportation should pro7 vide sufficient funding to support additional civil fre8 quencies for the Global Positioning System and

9 other enhancements of the system for civil users.

10 (e) PLAN FOR DEVELOPMENT OF ENHANCED GLOB11 AL POSITIONING SYSTEM.—Not later than April 15, 1999,

12 the Secretary of Defense shall submit to Congress a plan

13 for carrying out the requirements of subsection (c).

14 (f) DELAYED EFFECTIVE DATE FOR LIMITATION ON

15 PROCUREMENT OF SYSTEMS NOT GPS-EQUIPPED.—Sec16 tion 152(b) of the National Defense Authorization Act for

17 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1578)

18 is amended by striking out ‘‘2000’’ and inserting in lieu

19 thereof ‘‘2005’’.

20 (g) FUNDING FROM AUTHORIZED APPROPRIATIONS

21 FOR FISCAL YEAR 1999.—Of the amounts authorized to

22 be appropriated under section 201(3), $44,000,000 shall

23 be available to establish and carry out an enhanced Global

24 Positioning System program.
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1 SEC. 216. MANUFACTURING TECHNOLOGY PROGRAM.

2 (a) COMPETITION AND COST SHARING.—Subsection

3 (d) of section 2525 of title 10, United States Code, is

4 amended by striking out paragraphs (2), (3), and (4) and

5 inserting in lieu thereof the following:

6 ‘‘(2) Except as provided in paragraph (3), the costs

7 of a project carried out under the program shall be shared

8 by the Department of Defense and the other parties to

9 the grant, contract, cooperative agreement, or other trans10 action involved if any results of the project are likely to

11 have an immediate and direct commercial application. The

12 cost share—

13 ‘‘(A) in the case of a grant, contract, coopera14 tive agreement, or other transaction that is awarded

15 using a competitive selection process, shall be the

16 cost share proposed in the application or offer se17 lected for the award; or

18 ‘‘(B) in a case in which there is only one appli19 cant or offeror, shall be the cost share negotiated

20 with the applicant or offeror that provides the best

21 value for the Government.

22 ‘‘(3)(A) Cost-sharing is not required of the non-Fed23 eral Government parties to a grant, contract, cooperative

24 agreement, or other transaction under paragraph (2) if

25 the project is determined as being sufficiently high risk
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1 to discourage cost-sharing by non-Federal Government

2 sources.

3 ‘‘(B) A determination under subparagraph (A) that

4 cost-sharing is not required in the case of a particular

5 grant, contract, cooperative agreement or other trans6 action shall be made by—

7 ‘‘(i) the Secretary of the military department

8 awarding the grant or entering into the contract, co9 operative agreement, or other transaction; or

10 ‘‘(ii) the Secretary of Defense for any other

11 grant, contract, cooperative agreement, or trans12 action.

13 ‘‘(C) The transaction file for a case in which cost14 sharing is determined as not being required shall include

15 written documentation of the reasons for the determina16 tion.’’.

17 (b) FIVE-YEAR PLAN.—Subsection (e)(2) of such

18 section is amended to read as follows:

19 ‘‘(2) The plan shall include the following:

20 ‘‘(A) An assessment of the effectiveness of the

21 program.

22 ‘‘(B) An assessment of the extent to which the

23 costs of projects are being shared by the following:

24 ‘‘(i) Commercial enterprises in the private

25 sector.
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1 ‘‘(ii) Department of Defense program of2 fices, including weapon system program offices.

3 ‘‘(iii) Departments and agencies of the

4 Federal Government outside the Department of

5 Defense.

6 ‘‘(iv) Institutions of higher education.

7 ‘‘(v) Other institutions not operated for

8 profit.

9 ‘‘(vi) Other sources.’’.

10 SEC. 217. AUTHORITY FOR USE OF MAJOR RANGE AND

11 TEST FACILITY INSTALLATIONS BY COMMER12 CIAL ENTITIES.

13 (a) PERMANENT AUTHORITY.—Subsection (g) of sec14 tion 2681 of title 10, United States Code, is repealed.

15 (b) REPEAL OF EXECUTED REPORTING REQUIRE16 MENT.—Subsection (h) of such section is repealed.

17 SEC. 218. EXTENSION OF AUTHORITY TO CARRY OUT CER18 TAIN PROTOTYPE PROJECTS.

19 Section 845(c) of the National Defense Authorization

20 Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.

21 2371 note) is amended by striking out ‘‘September 30,

22 1999’’ and inserting in lieu thereof ‘‘September 30,

23 2001’’.
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1 SEC. 219. NATO ALLIANCE GROUND SURVEILLANCE CON2 CEPT DEFINITION.

3 Amounts authorized to be appropriated under subtitle

4 A are available for a NATO alliance ground surveillance

5 concept definition that is based on the Joint Surveillance

6 Target Attack Radar System (Joint STARS) Radar Tech7 nology Insertion Program (RTIP) sensor of the United

8 States, as follows:

9 (1) Of the amount authorized to be appro10 priated under section 201(1), $6,400,000.

11 (2) Of the amount authorized to be appro12 priated under section 201(3), $3,500,000.

13 SEC. 220. NATO COMMON-FUNDED CIVIL BUDGET.

14 Of the amount authorized to be appropriated by sec15 tion 201(1), $750,000 shall be available for contributions

16 for the common-funded Civil Budget of NATO.

17 SEC. 221. PERSIAN GULF ILLNESSES.

18 (a) ADDITIONAL AMOUNT FOR PERSIAN GULF ILL19 NESSES.—The total amount authorized to be appropriated

20 under this title for research and development relating to

21 Persian Gulf illnesses is the total amount authorized to

22 be appropriated for such purpose under the other provi23 sions of this title plus $10,000,000.

24 (b) REDUCED AMOUNT FOR ARMY COMMERCIAL OP25 ERATIONS AND SUPPORT SAVINGS PROGRAM.—Of the

26 amount authorized to be appropriated under section
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1 201(1), $23,600,000 shall be available for the Army Com2 mercial Operations and Support Savings Program.

3 SEC. 222. DOD/VA COOPERATIVE RESEARCH PROGRAM.

4 (a) AVAILABILITY OF FUNDS.—(1) The amount au5 thorized to be appropriated by section 201(4) is hereby

6 increased by $10,000,000.

7 (2) Of the amount authorized to be appropriated by

8 section 201(4), as increased by paragraph (1),

9 $10,000,000 shall be available for the DOD/VA Coopera10 tive Research Program.

11 (b) OFFSET.—(1) The amount authorized to be ap12 propriated by section 201(2) is hereby decreased by

13 $10,000,000.

14 (2) Of the amount authorized to be appropriated by

15 section 201(2), as decreased by paragraph (1), not more

16 than $18,500,000 shall be available for the Commercial

17 Operations and Support Savings Program.

18 (c) EXECUTIVE AGENT.—The Secretary of Defense,

19 acting through the Army Medical Research and Materiel

20 Command and the Naval Operational Medicine Institute,

21 shall be the executive agent for the utilization of the funds

22 made available by subsection (a).
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1 SEC. 223. LOW COST LAUNCH DEVELOPMENT PROGRAM.

2 Of the total amount authorized to be appropriated

3 under section 201(3), $5,000,000 is available for the Low

4 Cost Launch Development Program.

5 Subtitle C—Other Matters

6 SEC. 231. POLICY WITH RESPECT TO BALLISTIC MISSILE

7 DEFENSE COOPERATION.

8 As the United States proceeds with efforts to develop

9 defenses against ballistic missile attack, it should seek to

10 foster a climate of cooperation with Russia on matters re11 lated to missile defense. In particular, the United States

12 and its NATO allies should seek to cooperate with Russia

13 in such areas as early warning.

14 SEC. 232. REVIEW OF PHARMACOLOGICAL INTERVENTIONS

15 FOR REVERSING BRAIN INJURY.

16 (a) REVIEW AND REPORT REQUIRED.—The Assist17 ant Secretary of Defense for Health Affairs shall review

18 research on pharmacological interventions for reversing

19 brain injury and, not later than March 31, 1999, submit

20 a report on the results of the review to Congress.

21 (b) CONTENT OF REPORT.—The report shall include

22 the following:

23 (1) The potential for pharmacological interven24 tions for reversing brain injury to reduce mortality

25 and morbidity in cases of head injuries incurred in
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1 combat or resulting from exposures to chemical

2 weapons or agents.

3 (2) The potential utility of such interventions

4 for the Armed Forces.

5 (3) A conclusion regarding whether funding for

6 research on such interventions should be included in

7 the budget for the Department of Defense for fiscal

8 year 2000.

9 SEC. 233. LANDMINES.

10 (a) AVAILABILITY OF FUNDS.—(1) Of the amounts

11 authorized to be appropriated in section 201, $17,200,000

12 shall be available for activities relating to the identifica13 tion, adaptation, modification, research, and development

14 of existing and new tactics, technologies, and operational

15 concepts that—

16 (A) would provide a combat capability that is

17 comparable to the combat capability provided by

18 anti-personnel landmines, including anti-personnel

19 landmines used in mixed mine systems; and

20 (B) comply with the Convention on the Prohibi21 tion of the Use, Stockpiling, Production and Trans22 fer of Anti-Personnel Mines and on Their Destruc23 tion.

24 (2) The amount available under paragraph (1) shall

25 be derived as follows:
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1 (A) $12,500,000 shall be available from

2 amounts authorized to be appropriated by section

3 201(1).

4 (B) $4,700,000 shall be available from amounts

5 authorized to be appropriated by section 201(4).

6 (b) STUDIES.—(1) Not later than 30 days after the

7 date of enactment of this Act, the Secretary of Defense

8 shall enter into a contract with each of two appropriate

9 scientific organizations for purposes of identifying existing

10 and new tactics, technologies, and concepts referred to in

11 subsection (a).

12 (2) Each contract shall require the organization con13 cerned to submit a report to the Secretary and to Con14 gress, not later than one year after the execution of such

15 contract, describing the activities under such contract and

16 including recommendations with respect to the adaptation,

17 modification, and research and development of existing

18 and new tactics, technologies, and concepts identified

19 under such contract.

20 (3) Amounts available under subsection (a) shall be

21 available for purposes of the contracts under this sub22 section.

23 (c) REPORTS.—Not later than April 1 of each of

24 1999 through 2001, the Secretary shall submit to the con25 gressional defense committees a report describing the
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1 progress made in identifying and deploying tactics, tech2 nologies, and concepts referred to in subsection (a).

3 (d) DEFINITIONS.—In this section:

4 (1) ANTI-PERSONNEL LANDMINE.—The term

5 ‘‘anti-personnel landmine’’ has the meaning given

6 the term ‘‘anti-personnel mine’’ in Article 2 of the

7 Convention on the Prohibition of the Use, Stock8 piling, Production and Transfer of Anti-Personnel

9 Mines and on Their Destruction.

10 (2) MIXED MINE SYSTEM.—The term ‘‘mixed

11 mine system’’ includes any system in which an anti12 vehicle landmine or other munition is constructed

13 with or used with one or more anti-personnel land14 mines, but does not include an anti-handling device

15 as that term is defined in Article 2 of the Conven16 tion on the Prohibition of the Use, Stockpiling, Pro17 duction and Transfer of Anti-Personnel Mines and

18 on Their Destruction.

19 TITLE III—OPERATION AND

20 MAINTENANCE

21 Subtitle A—Authorization of

22 Appropriations

23 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

24 (a) AMOUNTS AUTHORIZED.—Funds are hereby au25 thorized to be appropriated for fiscal year 1999 for the
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1 use of the Armed Forces and other activities and agencies

2 of the Department of Defense for expenses, not otherwise

3 provided for, for operation and maintenance, in amounts

4 as follows:

5 (1) For the Army, $17,395,563,000.

6 (2) For the Navy, $22,001,302,000.

7 (3) For the Marine Corps, $2,621,703,000.

8 (4) For the Air Force, $19,213,404,000.

9 (5) For the Special Operations Command,

10 $1,251,503,000.

11 (6) For Defense-wide activities,

12 $9,025,598,000.

13 (7) For the Army Reserve, $1,217,622,000.

14 (8) For the Naval Reserve, $943,639,000.

15 (9) For the Marine Corps Reserve,

16 $134,593,000.

17 (10) For the Air Force Reserve,

18 $1,759,696,000.

19 (11) For the Army National Guard,

20 $2,476,815,000.

21 (12) For the Air National Guard,

22 $3,113,933,000.

23 (13) For the Defense Inspector General,

24 $130,764,000.
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1 (14) For the United States Court of Appeals

2 for the Armed Forces, $7,324,000.

3 (15) For Environmental Restoration, Army,

4 $370,640,000.

5 (16) For Environmental Restoration, Navy,

6 $274,600,000.

7 (17) For Environmental Restoration, Air Force,

8 $372,100,000.

9 (18) For Environmental Restoration, Defense10 wide, $23,091,000.

11 (19) For Environmental Restoration, Formerly

12 Used Defense Sites, $195,000,000.

13 (20) For Overseas Humanitarian, Demining,

14 and CINC Initiatives, $50,000,000.

15 (21) For Drug Interdiction and Counter-drug

16 Activities, Defense-wide, $727,582,000.

17 (22) For the Kaho’olawe Island Conveyance,

18 Remediation, and Environmental Restoration Trust

19 Fund, $15,000,000.

20 (23) For Medical Programs, Defense,

21 $9,653,435,000.

22 (24) For Cooperative Threat Reduction pro23 grams, $440,400,000.

24 (25) For Overseas Contingency Operations

25 Transfer Fund, $746,900,000.
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1 (26) For Impact Aid, $35,000,000.

2 (b) GENERAL LIMITATION.—Notwithstanding para3 graphs (1) through (25) of subsection (a), the total

4 amount authorized to be appropriated for fiscal year 1999

5 under those paragraphs is $93,875,207,000.

6 SEC. 302. WORKING CAPITAL FUNDS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1999 for the use of the Armed Forces and other

9 activities and agencies of the Department of Defense for

10 providing capital for working capital and revolving funds

11 in amounts as follows:

12 (1) For the Defense Working Capital Funds,

13 Air Force, $30,800,000.

14 (2) For Defense Working-Capital Fund, De15 fense-wide, $63,700,000.

16 (3) For the National Defense Sealift Fund,

17 $669,566,000.

18 SEC. 303. ARMED FORCES RETIREMENT HOME.

19 There is hereby authorized to be appropriated for fis20 cal year 1999 from the Armed Forces Retirement Home

21 Trust Fund the sum of $70,745,000 for the operation of

22 the Armed Forces Retirement Home, including the United

23 States Soldiers’ and Airmen’s Home and the Naval Home.
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1 SEC. 304. TRANSFER FROM THE NATIONAL DEFENSE

2 STOCKPILE TRANSACTION FUND.

3 (a) TRANSFER AUTHORITY.—To the extent provided

4 in appropriations Acts, not more than $150,000,000 is au5 thorized to be transferred from the National Defense

6 Stockpile Transaction Fund to operation and maintenance

7 accounts for fiscal year 1999 in amounts as follows:

8 (1) For the Army, $50,000,000.

9 (2) For the Navy, $50,000,000.

10 (3) For the Air Force, $50,000,000.

11 (b) TREATMENT OF TRANSFERS.—Amounts trans12 ferred under this section—

13 (1) shall be merged with, and be available for

14 the same purposes and the same period as, the

15 amounts in the accounts to which transferred; and

16 (2) may not be expended for an item that has

17 been denied authorization of appropriations by Con18 gress.

19 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR20 ITY.—The transfer authority provided in this section is in

21 addition to the transfer authority provided in section

22 1001.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 311. SPECIAL OPERATIONS COMMAND

5 COUNTERPROLIFERATION AND

6 COUNTERTERRORISM ACTIVITIES.

7 Of the amount authorized to be appropriated under

8 section 301(a)(5), the $18,500,000 available for the Spe9 cial Operations Command that is not needed for the oper10 ation of six of the patrol coastal craft of the Department

11 of Defense in the Caribbean Sea and Eastern Pacific

12 Ocean in support of the drug interdiction efforts of the

13 United States Southern Command by reason of section

14 331 shall be available for increased training and related

15 operations in support of that command’s

16 counterproliferation of weapons of mass destruction and

17 the command’s counterterrorism activities. The amount

18 available under the preceding sentence is in addition to

19 other funds authorized to be appropriated under section

20 301(a)(5) for the Special Operations Command for such

21 purposes.
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1 SEC. 312. TAGGING SYSTEM FOR IDENTIFICATION OF HY2 DROCARBON FUELS USED BY THE DEPART3 MENT OF DEFENSE.

4 (a) AUTHORITY TO CONDUCT PILOT PROGRAM.—

5 The Secretary of Defense may conduct a pilot program

6 using existing technology to determine—

7 (1) the feasibility of tagging hydrocarbon fuels

8 used by the Department of Defense for the purposes

9 of analyzing and identifying such fuels;

10 (2) the deterrent effect of such tagging on the

11 theft and misuse of fuels purchased by the Depart12 ment; and

13 (3) the extent to which such tagging assists in

14 determining the source of surface and underground

15 pollution in locations having separate fuel storage

16 facilities of the Department and of civilian compa17 nies.

18 (b) SYSTEM ELEMENTS.—The tagging system under

19 the pilot program shall have the following characteristics:

20 (1) The tagging system does not harm the envi21 ronment.

22 (2) Each chemical used in the tagging system

23 is—

24 (A) approved for use under the Toxic Sub25 stances Control Act (15 U.S.C. 2601 et seq.);

26 and
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1 (B) substantially similar to the fuel to

2 which added, as determined in accordance with

3 criteria established by the Environmental Pro4 tection Agency for the introduction of additives

5 into hydrocarbon fuels.

6 (3) The tagging system permits a determination

7 if a tag is present and a determination if the con8 centration of a tag has changed in order to facilitate

9 identification of tagged fuels and detection of dilu10 tion of tagged fuels.

11 (4) The tagging system does not impair or de12 grade the suitability of tagged fuels for their in13 tended use.

14 (c) REPORT.—Not later than 30 days after the com15 pletion of the pilot program, the Secretary shall submit

16 to Congress a report setting forth the results of the pilot

17 program and including any recommendations for legisla18 tion relating to the tagging of hydrocarbon fuels by the

19 Department that the Secretary considers appropriate.

20 (d) FUNDING.—Of the amounts authorized to be ap21 propriated under section 301(a)(6) for operation and

22 maintenance for defense-wide activities, not more than

23 $5,000,000 shall be available for the pilot program.
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1 SEC. 313. PILOT PROGRAM FOR ACCEPTANCE AND USE OF

2 LANDING FEES CHARGED FOR USE OF DO3 MESTIC MILITARY AIRFIELDS BY CIVIL AIR4 CRAFT.

5 (a) PILOT PROGRAM AUTHORIZED.—The Secretary

6 of each military department may carry out a pilot program

7 to demonstrate the use of landing fees as a source of fund8 ing for the operation and maintenance of airfields of the

9 department.

10 (b) IMPOSITION OF LANDING FEES.—Under a pilot

11 program carried out under this section, the Secretary of

12 a military department may prescribe and impose landing

13 fees for use of any military airfield of the department in

14 the United States by civil aircraft during fiscal years 1999

15 and 2000. No fee may be charged under the pilot program

16 for a landing after September 30, 2000.

17 (c) USE OF PROCEEDS.—Amounts received for a fis18 cal year in payment of landing fees imposed under the

19 pilot program for use of a military airfield shall be cred20 ited to the appropriation that is available for that fiscal

21 year for the operation and maintenance of the military air22 field, shall be merged with amounts in the appropriation

23 to which credited, and shall be available for that military

24 airfield for the same period and purposes as the appropria25 tion is available.
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1 (d) REPORT.—Not later than March 31, 2000, the

2 Secretary of Defense shall submit to Congress a report

3 on the pilot programs carried out under this section by

4 the Secretaries of the military departments. The report

5 shall specify the amounts of fees received and retained by

6 each military department under the pilot program as of

7 December 31, 1999.

8 SEC. 314. NATO COMMON-FUNDED MILITARY BUDGET.

9 Of the amount authorized to be appropriated by sec10 tion 30(a)(1), $227,377,000 shall be available for con11 tributions for the common-funded Military Budget of

12 NATO.

13 Subtitle C—Environmental

14 Provisions

15 SEC. 321. TRANSPORTATION OF POLYCHLORINATED

16 BIPHENYLS FROM ABROAD FOR DISPOSAL IN

17 THE UNITED STATES.

18 (a) AUTHORITY.—Chapter 157 of title 10, United

19 States Code, is amended by adding at the end the follow20 ing:

21 ‘‘§ 2646. Transportation of polychlorinated biphenyls

22 from abroad; disposal

23 ‘‘(a) AUTHORITY TO TRANSPORT.—(1) Subject to

24 paragraph (2), the Secretary of the Defense and the Sec25 retaries of the military departments may provide for the
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1 transportation into the customs territory of the United

2 States of polychlorinated biphenyls generated by or under

3 the control of the Department of Defense for purposes of

4 their disposal, treatment, or storage in the customs terri5 tory of the United States.

6 ‘‘(2) Polychlorinated biphenyls may be transported

7 into the customs territory of the United States under

8 paragraph (1) only if the Administrator of the Environ9 mental Protection Agency determines that the transpor10 tation will not result in an unreasonable risk of injury to

11 health or the environment, and only if such materials are

12 specifically provided for in subchapter VIII, chapter 98 of

13 the Harmonized Tariff Schedule of the United States.

14 ‘‘(b) DISPOSAL.—(1) The disposal, treatment, and

15 storage of polychlorinated biphenyls transported into the

16 customs territory of the United States under subsection

17 (a) shall be governed by the provisions of the Toxic Sub18 stances Control Act (15 U.S.C. 2601 et seq.).

19 ‘‘(2) A chemical waste landfill may not be used for

20 the disposal, treatment, or storage of polychlorinated

21 biphenyls transported into the customs territory of the

22 United States under subsection (a) unless the landfill

23 meets all of the technical requirements specified in section

24 761.75(b)(3) of title 40, Code of Federal Regulations, as

25 in effect on the date that was one year before the date
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1 of enactment of the Strom Thurmond National Defense

2 Authorization Act for Fiscal Year 1999.

3 ‘‘(c) CUSTOMS TERRITORY OF THE UNITED STATES

4 DEFINED.—In this section, the term ‘customs territory of

5 the United States’ has the meaning given that term in

6 General Note 2. of the Harmonized Tariff Schedule of the

7 United States.’’.

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

9 at the beginning of that chapter is amended by adding

10 at the end the following:

‘‘2646. Transportation of polychlorinated biphenyls from abroad; disposal.’’.

11 SEC. 322. MODIFICATION OF DEADLINE FOR SUBMITTAL

12 TO CONGRESS OF ANNUAL REPORTS ON EN13 VIRONMENTAL ACTIVITIES.

14 Section 2706 of title 10, United States Code, is

15 amended by striking out ‘‘not later than 30 days’’ each

16 place it appears in subsections (a), (b), (c), and (d) and

17 inserting in lieu thereof ‘‘not later than 45 days’’.

18 SEC. 323. SUBMARINE SOLID WASTE CONTROL.

19 (a) SOLID WASTE DISCHARGE REQUIREMENTS.—

20 Subsection (c)(2) of section 3 of the Act to Prevent Pollu21 tion from Ships (33 U.S.C. 1902) is amended—

22 (1) in subparagraph (A), by adding at the end

23 the following:
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1 ‘‘(iii) With regard to submersibles, non-plastic

2 garbage that has been compacted and weighted to

3 ensure negative buoyancy.’’; and

4 (2) in subparagraph (B)(ii), by striking out

5 ‘‘subparagraph (A)(ii)’’ and inserting in lieu thereof

6 ‘‘clauses (ii) and (iii) of subparagraph (A)’’.

7 (b) CONFORMING AMENDMENT.—Subsection

8 (e)(3)(A) of that section is amended by striking out ‘‘gar9 bage that contains more than the minimum amount prac10 ticable of’’.

11 SEC. 324. PAYMENT OF STIPULATED PENALTIES ASSESSED

12 UNDER CERCLA.

13 The Secretary of Defense may pay, from amounts in

14 the Department of Defense Base Closure Account 1990

15 established by section 2906(a)(1) of the Defense Base Clo16 sure and Realignment Act of 1990 (part A of title XXIX

17 of Public Law 101–510; 10 U.S.C. 2687 note), not more

18 than $15,000 as payment of pay stipulated civil penalties

19 assessed under the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 1980 (42

21 U.S.C. 9601 et seq.) against McClellan Air Force Base,

22 California.
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1 SEC. 325. AUTHORITY TO PAY NEGOTIATED SETTLEMENT

2 FOR ENVIRONMENTAL CLEANUP OF FOR3 MERLY USED DEFENSE SITES IN CANADA.

4 (a) FINDINGS.—Congress makes the following find5 ings with respect to the authorization of payment of settle6 ment with Canada in subsection (b) regarding environ7 mental cleanup at formerly used defense sites in Canada:

8 (1) A unique and longstanding national security

9 alliance exists between the United States and Can10 ada.

11 (2) The sites covered by the settlement were

12 formerly used by the United States and Canada for

13 their mutual defense.

14 (3) There is no formal treaty or international

15 agreement between the United States and Canada

16 regarding the environmental cleanup of the sites.

17 (4) Environmental contamination at some of

18 the sites could pose a substantial risk to the health

19 and safety of the United States citizens residing in

20 States near the border between the United States

21 and Canada.

22 (5) The United States and Canada reached a

23 negotiated agreement for an ex-gratia reimburse24 ment of Canada in full satisfaction of claims of Can25 ada relating to environmental contamination which

26 agreement was embodied in an exchange of Notes
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1 between the Government of the United States and

2 the Government of Canada.

3 (6) There is a unique factual basis for authoriz4 ing a reimbursement of Canada for environmental

5 cleanup at sites in Canada after the United States

6 departure from such sites.

7 (7) The basis for and authorization of such re8 imbursement does not extend to similar claims by

9 other nations.

10 (8) The Government of Canada is committed to

11 spending the entire $100,000,000 of the reimburse12 ment authorized in subsection (b) in the United

13 States, which will benefit United States industry and

14 United States workers.

15 (b) AUTHORITY TO MAKE PAYMENTS.—(1) Subject

16 to paragraph (3), the Secretary of Defense may, using

17 funds specified under subsection (c), make a payment de18 scribed in paragraph (2) in each of fiscal years 1999

19 through 2008 for purposes of the ex-gratia reimbursement

20 of Canada in full satisfaction of any and all claims as21 serted against the United States by Canada for environ22 mental cleanup of sites in Canada that were formerly used

23 for the mutual defense of the United States and Canada.

24 (2) A payment referred to in paragraph (1) is a pay25 ment of $10,000,000, in constant fiscal year 1996 dollars,
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1 into the Foreign Military Sales Trust Account for pur2 poses of Canada.

3 (3) A payment may be made under paragraph (1) in

4 any fiscal year after fiscal year 1999 only if the Secretary

5 of Defense submits to Congress with the budget for such

6 fiscal year under section 1105 of title 31, United States

7 Code, evidence that the cumulative amount expended by

8 the Government of Canada for environmental cleanup ac9 tivities in Canada during any fiscal years before such fiscal

10 year in which a payment under that paragraph was au11 thorized was an amount equal to or greater than the ag12 gregate amount of the payments under that paragraph

13 during such fiscal years.

14 (c) SOURCE OF FUNDS.—A payment may be made

15 under subsection (b) in a fiscal year from amounts appro16 priated pursuant to the authorization of appropriations for

17 the Department of Defense for such fiscal year for Oper18 ation and Maintenance, Defense-Wide.

19 SEC. 326. SETTLEMENT OF CLAIMS OF FOREIGN GOVERN20 MENTS FOR ENVIRONMENTAL CLEANUP OF

21 OVERSEAS SITES FORMERLY USED BY THE

22 DEPARTMENT OF DEFENSE.

23 (a) NOTICE OF NEGOTIATIONS.—The President shall

24 notify Congress before entering into any negotiations for

25 the ex-gratia settlement of the claims of a government of
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1 another country against the United States for environ2 mental cleanup of sites in that country that were formerly

3 used by the Department of Defense.

4 (b) AUTHORIZATION REQUIRED FOR USE FUNDS

5 FOR PAYMENT OF SETTLEMENT.—Notwithstanding any

6 other provision of law, no funds may be utilized for any

7 payment under an ex-gratia settlement of any claims de8 scribed in subsection (a) unless the use of the funds for

9 that purpose is specifically authorized by law, treaty, or

10 international agreement.

11 SEC. 327. ARCTIC MILITARY ENVIRONMENTAL COOPERA12 TION PROGRAM.

13 (a) FINDINGS.—Congress makes the following find14 ings:

15 (1) The Secretary of Defense has developed a

16 program to address environmental matters relating

17 to the military activities of the Department of De18 fense in the Arctic region. The program is known as

19 the ‘‘Arctic Military Environmental Cooperation

20 Program’’.

21 (2) The Secretary has carried out the Arctic

22 Military Environmental Cooperation Program using

23 funds appropriated for Cooperative Threat Reduc24 tion programs.
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1 (b) ACTIVITIES UNDER PROGRAM.—(1) Subject to

2 paragraph (2), activities under the Arctic Military Envi3 ronmental Cooperation Program shall include cooperative

4 activities on environmental matters in the Arctic region

5 with the military departments and agencies of other coun6 tries, including the Russian Federation.

7 (2) Activities under the Arctic Military Environ8 mental Cooperation Program may not include any activi9 ties for purposes for which funds for Cooperative Threat

10 Reduction programs have been denied, including the pur11 poses for which funds were denied by section 1503 of the

12 National Defense Authorization Act for Fiscal Year 1997

13 (Public Law 104–201; 110 Stat. 2732).

14 (c) AVAILABILITY OF FISCAL YEAR 1999 FUNDS.—

15 (1) Of the amount authorized to be appropriated by sec16 tion 301(a)(6), $4,000,000 shall be available for carrying

17 out the Arctic Military Environmental Program.

18 (2) Amounts available for the Arctic Military Envi19 ronmental Cooperation Program under paragraph (1) may

20 not be obligated or expended for that Program until 45

21 days after the date on which the Secretary of Defense sub22 mits to the congressional defense committees a plan for

23 the Program under paragraph (3).
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1 (3) The plan for the Arctic Military Environmental

2 Cooperation Program under this paragraph shall include

3 the following:

4 (A) A statement of the overall goals and objec5 tives of the Program.

6 (B) A statement of the proposed activities

7 under the Program and the relationship of such ac8 tivities to the national security interests of the

9 United States.

10 (C) An assessment of the compatibility of the

11 activities set forth under subparagraph (B) with the

12 purposes of the Cooperative Threat Reduction pro13 grams of the Department of Defense (including with

14 any prohibitions and limitations applicable to such

15 programs).

16 (D) An estimate of the funding to be required

17 and requested in future fiscal years for the activities

18 set forth under subparagraph (B).

19 (E) A proposed termination date for the Pro20 gram.

21 SEC. 328. SENSE OF SENATE REGARDING OIL SPILL PRE22 VENTION TRAINING FOR PERSONNEL ON

23 BOARD NAVY VESSELS.

24 (a) FINDINGS.—The Senate makes the following

25 findings:
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1 (1) There have been six significant oil spills in

2 Puget Sound, Washington, in 1998, five at Puget

3 Sound Naval Shipyard (including three from the

4 U.S.S. Kitty Hawk, one from the U.S.S. Carl Vin5 son, and one from the U.S.S. Sacramento) and one

6 at Naval Station Everett from the U.S.S. Paul F.

7 Foster.

8 (2) Navy personnel on board vessels, and not

9 shipyard employees, were primarily responsible for a

10 majority of these oil spills at Puget Sound Naval

11 Shipyard.

12 (3) Oil spills have the potential to damage the

13 local environment, killing microscopic organisms,

14 contributing to air pollution, harming plants and

15 marine animals, and increasing overall pollution lev16 els in Puget Sound.

17 (b) SENSE OF SENATE.—It is the sense of the Senate

18 that the Secretary of the Navy should take immediate ac19 tion to significantly reduce the risk of vessel oil spills, in20 cluding the minimization of fuel oil transfers, the assur21 ance of proper training and qualifications of all Naval per22 sonnel in occupations that may contribute to or minimize

23 the risk of shipboard oil spills, and the improvement of

24 liaison with local authorities concerning oil spill prevention

25 and response activities.
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1 Subtitle D—Counter-Drug

2 Activities

3 SEC. 331. PATROL COASTAL CRAFT FOR DRUG INTERDIC4 TION BY SOUTHERN COMMAND.

5 Of the funds authorized to be appropriated under sec6 tion 301(a)(21), relating to drug interdiction and counter7 drug activities, $18,500,000 shall be available for the

8 equipping and operation of six of the Cyclone class coastal

9 defense ships of the Department of Defense in the Carib10 bean Sea and Eastern Pacific Ocean in support of the

11 drug interdiction efforts of the United States Southern

12 Command.

13 SEC. 332. PROGRAM AUTHORITY FOR DEPARTMENT OF DE14 FENSE SUPPORT FOR COUNTER-DRUG AC15 TIVITIES.

16 (a) EXTENSION OF AUTHORITY.—Subsection (a) of

17 section 1004 of the National Defense Authorization Act

18 for Fiscal Year 1991 (10 U.S.C. 374 note) is amended

19 by striking out ‘‘through 1999’’ and inserting in lieu

20 thereof ‘‘through 2004’’.

21 (b) BASES AND FACILITIES SUPPORT.—(1) Sub22 section (b)(4) of such section is amended by inserting ‘‘of

23 the Department of Defense or any Federal, State, local,

24 or foreign law enforcement agency’’ after ‘‘counter-drug

25 activities’’.
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1 (2) Section 1004 of such Act is further amended by

2 adding at the end the following:

3 ‘‘(h) CONGRESSIONAL NOTIFICATION OF FACILITIES

4 PROJECTS.—(1) Not later than 21 days before obligating

5 funds for beginning the work on a project described in

6 paragraph (2), the Secretary of Defense shall submit to

7 the congressional defense committees a notification of the

8 project, including the scope and estimated total cost of the

9 project.

10 ‘‘(2) Paragraph (1) applies to a project for the modi11 fication or repair of a Department of Defense facility for

12 the purpose set forth in subsection (b)(4) that is estimated

13 to cost more than $500,000.’’.

14 SEC. 333. SOUTHWEST BORDER FENCE.

15 (a) LIMITATION OF FUNDING FOR EXPANSION.—

16 None of the funds authorized to be appropriated for the

17 Department of Defense by this Act may be used to expand

18 the Southwest border fence until the Secretary of Defense

19 submits the report required by subsection (b).

20 (b) REPORT.—The Secretary of Defense shall submit

21 to the congressional defense committees a report on the

22 extent to which the Southwest border fence has reduced

23 the illegal transportation of narcotics and other drugs into

24 the United States.
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1 (c) SOUTHWEST BORDER FENCE DEFINED.—In this

2 section, the term ‘‘Southwest border fence’’ means the

3 fence that was constructed, at Department of Defense ex4 pense, along the southwestern border of the United States

5 for the purpose of preventing or reducing the illegal trans6 portation of narcotics and other drugs into the United

7 States.

8 SEC. 334. REVISION AND CLARIFICATION OF AUTHORITY

9 FOR FEDERAL SUPPORT OF NATIONAL

10 GUARD DRUG INTERDICTION AND COUNTER11 DRUG ACTIVITIES.

12 (a) PROCUREMENT OF EQUIPMENT.—Subsection

13 (a)(3) of section 112 of title 32, United States Code, is

14 amended by striking out ‘‘and leasing of equipment’’ and

15 inserting in lieu thereof ‘‘and equipment, and the leasing

16 of equipment,’’.

17 (b) TRAINING AND READINESS.—Subsection (b)(2)

18 of such section is amended to read as follows:

19 ‘‘(2)(A) A member of the National Guard serving on

20 full-time National Guard duty under orders authorized

21 under paragraph (1) shall participate in the training re22 quired under section 502(a) of this title in addition to the

23 duty performed for the purpose authorized under that

24 paragraph. The pay, allowances, and other benefits of the

25 member while participating in the training shall be the
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1 same as those to which the member is entitled while per2 forming duty for the purpose of carrying out drug inter3 diction and counter-drug activities.

4 ‘‘(B) Appropriations available for the Department of

5 Defense for drug interdiction and counter-drug activities

6 may be used for paying costs associated with a member’s

7 participation in training described in subparagraph (A).

8 The appropriation shall be reimbursed in full, out of ap9 propriations available for paying those costs, for the

10 amounts paid. Appropriations available for paying those

11 costs shall be available for making the reimbursements.’’.

12 (c) ASSISTANCE TO YOUTH AND CHARITABLE ORGA13 NIZATIONS.—Subsection (b)(3) of such section is amended

14 to read as follows:

15 ‘‘(2) A unit or member of the National Guard of a

16 State may be used, pursuant to a State drug interdiction

17 and counter-drug activities plan approved by the Secretary

18 of Defense under this section, to provide services or other

19 assistance (other than air transportation) to an organiza20 tion eligible to receive services under section 508 of this

21 title if—

22 ‘‘(A) the State drug interdiction and counter23 drug activities plan specifically recognizes the orga24 nization as being eligible to receive the services or

25 assistance;
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1 ‘‘(B) in the case of services, the provision of the

2 services meets the requirements of paragraphs (1)

3 and (2) of subsection (a) of section 508 of this title;

4 and

5 ‘‘(C) the services or assistance is authorized

6 under subsection (b) or (c) of such section or in the

7 State drug interdiction and counter-drug activities

8 plan.’’.

9 (d) DEFINITION OF DRUG INTERDICTION AND

10 COUNTER-DRUG ACTIVITIES.—Subsection (i)(1) of such

11 section is amended by inserting after ‘‘drug interdiction

12 and counter-drug law enforcement activities’’ the follow13 ing: ‘‘, including drug demand reduction activities,’’.

14 SEC. 335. SENSE OF CONGRESS REGARDING PRIORITY OF

15 DRUG INTERDICTION AND COUNTER-DRUG

16 ACTIVITIES.

17 It is the sense of Congress that the Secretary of De18 fense should revise the Global Military Force Policy of the

19 Department of Defense—

20 (1) to treat the international drug interdiction

21 and counter-drug activities of the department as a

22 military operation other than war, thereby elevating

23 the priority given such activities under the policy to

24 the next priority below the priority given to war
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1 under the policy and to the same priority as is given

2 to peacekeeping operations under the policy; and

3 (2) to allocate the assets of the department to

4 drug interdiction and counter-drug activities in ac5 cordance with the priority given those activities.

6 Subtitle E—Other Matters

7 SEC. 341. LIQUIDITY OF WORKING-CAPITAL FUNDS.

8 (a) INCREASED CASH BALANCES.—The Secretary of

9 Defense shall administer the working-capital funds of the

10 Department of Defense during fiscal year 1999 so as to

11 ensure that the total amount of the cash balances in such

12 funds on September 30, 1999, exceeds the total amount

13 of the cash balances in such funds on September 30, 1998,

14 by $1,300,000,000.

15 (b) ACTIONS REGARDING UNBUDGETED LOSSES AND

16 GAINS.—(1) In order to achieve the increase in cash bal17 ances in working-capital funds required under subsection

18 (a), the Under Secretary of Defense (Comptroller) shall—

19 (A) assess surcharges on the rates charged to

20 Department of Defense activities for the perform21 ance of depot-level maintenance and repair work22 loads for those activities in fiscal year 1999 as nec23 essary to recoup for the working-capital funds the

24 amounts of any operational losses that are incurred

25 in the performance of those workloads in excess of
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1 the amounts of the losses that are budgeted for fis2 cal year 1999; and

3 (B) return to Department of Defense activities

4 any amounts that—

5 (i) are realized for the working-capital

6 funds for depot-level maintenance and repair

7 workloads in excess of the estimated revenues

8 budgeted for the performance of those work9 loads that originate in those activities; and

10 (ii) are not needed to achieve the required

11 increase in cash balances.

12 (2) The Under Secretary of Defense (Comptroller)

13 shall prescribe policies and procedures for carrying out

14 paragraph (1). The policies and procedures shall include

15 a prohibition on applying assessments of surcharges to a

16 Department of Defense activity more frequently than once

17 every six months.

18 (c) WAIVER.—(1) The Secretary of Defense may

19 waive the requirements of this section upon certifying to

20 Congress, in writing, that the waiver is necessary to meet

21 requirements associated with—

22 (A) a contingency operation (as defined in sec23 tion 101(a)(13) of title 10, United States Code); or
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1 (B) an operation of the Armed Forces that

2 commenced before October 1, 1998, and continues

3 during fiscal year 1999.

4 (2) The waiver authority under paragraph (1) may

5 not be delegated to any official other than the Deputy Sec6 retary of Defense.

7 (3) The waiver authority under paragraph (1) does

8 not apply to the limitation in subsection (d) or the limita9 tion in section 2208(l)(3) of title 10, United States Code

10 (as added by subsection (e)).

11 (d) FISCAL YEAR 1999 LIMITATION ON ADVANCE

12 BILLINGS.—(1) The total amount of the advance billings

13 rendered or imposed for the working-capital funds of the

14 Department of Defense and the Defense Business Oper15 ations Fund in fiscal year 1999—

16 (A) for the Department of the Navy, may not

17 exceed $500,000,000; and

18 (B) for the Department of the Air Force, may

19 not exceed $500,000,000.

20 (2) In paragraph (1), the term ‘‘advance billing’’ has

21 the meaning given such term in section 2208(l) of title

22 10, United States Code.

23 (e) PERMANENT LIMITATION ON ADVANCE BIL24 LINGS.—(1) Section 2208(l) of title 10, United States

25 Code, is amended—
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1 (A) by redesignating paragraph (3) as para2 graph (4); and

3 (B) by inserting after paragraph (2) the follow4 ing new paragraph (3):

5 ‘‘(3) The total amount of the advance billings ren6 dered or imposed for all working-capital funds of the De7 partment of Defense in a fiscal year may not exceed

8 $1,000,000,000.’’.

9 (2) Section 2208(l)(3) of such title, as added by para10 graph (1), applies to fiscal years after fiscal year 1999.

11 (f) SEMIANNUAL REPORT.—(1) The Under Secretary

12 shall submit to the Committee on Armed Services of the

13 Senate and the Committee on National Security of the

14 House of Representatives—

15 (A) not later than May 1, 1999, a report on the

16 administration of this section for the 6-month period

17 ending on March 31, 1999; and

18 (B) not later than November 1, 1999, a report

19 on the administration of this section for the 6-month

20 period ending on September 30, 1999.

21 (2) Each report shall include, for the 6-month period

22 covered by the report, the following:

23 (A) The profit and loss status of each working24 capital fund activity.
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1 (B) The actions taken by the Secretary of each

2 military department to use assessments of sur3 charges to correct for unbudgeted losses and gains.

4 SEC. 342. TERMINATION OF AUTHORITY TO MANAGE

5 WORKING-CAPITAL FUNDS AND CERTAIN AC6 TIVITIES THROUGH THE DEFENSE BUSINESS

7 OPERATIONS FUND.

8 (a) REVISION OF CERTAIN DBOF PROVISIONS AND

9 REENACTMENT TO APPLY TO WORKING-CAPITAL FUNDS

10 GENERALLY.—Section 2208 of title 10, United States

11 Code, is amended by adding at the end the following:

12 ‘‘(m) CAPITAL ASSET SUBACCOUNTS.—Amounts

13 charged for depreciation of capital assets shall be credited

14 to a separate capital asset subaccount established within

15 a working-capital fund.

16 ‘‘(n) SEPARATE ACCOUNTING, REPORTING, AND AU17 DITING OF FUNDS AND ACTIVITIES.—The Secretary of

18 Defense, with respect to the working-capital funds of each

19 Defense Agency, and the Secretary of each military de20 partment, with respect to the working-capital funds of the

21 military department, shall provide in accordance with this

22 subsection for separate accounting, reporting, and audit23 ing of funds and activities managed through the working24 capital funds.
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1 ‘‘(o) CHARGES FOR GOODS AND SERVICES PROVIDED

2 THROUGH THE FUND.—(1) Charges for goods and serv3 ices provided for an activity through a working-capital

4 fund shall include the following:

5 ‘‘(A) Amounts necessary to recover the full

6 costs of the goods and services provided for that ac7 tivity.

8 ‘‘(B) Amounts for depreciation of capital assets,

9 set in accordance with generally accepted accounting

10 principles.

11 ‘‘(2) Charges for goods and services provided through

12 a working-capital fund may not include the following:

13 ‘‘(A) Amounts necessary to recover the costs of

14 a military construction project (as defined in section

15 2801(b) of this title), other than a minor construc16 tion project financed by the fund pursuant to section

17 2805(c)(1) of this title.

18 ‘‘(B) Amounts necessary to cover costs incurred

19 in connection with the closure or realignment of a

20 military installation.

21 ‘‘(C) Amounts necessary to recover the costs of

22 functions designated by the Secretary of Defense as

23 mission critical, such as ammunition handling safe24 ty, and amounts for ancillary tasks not directly re-
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1 lated to the mission of the function or activity man2 aged through the fund.

3 ‘‘(p) PROCEDURES FOR ACCUMULATION OF

4 FUNDS.—The Secretary of Defense, with respect to each

5 working-capital fund of a Defense Agency, and the Sec6 retary of a military department, with respect to each work7 ing-capital fund of the military department, shall establish

8 billing procedures to ensure that the balance in that work9 ing-capital fund does not exceed the amount necessary to

10 provide for the working-capital requirements of that fund,

11 as determined by the Secretary concerned.

12 ‘‘(q) ANNUAL REPORTS AND BUDGET.—The Sec13 retary of Defense, with respect to each working-capital

14 fund of a Defense Agency, and the Secretary of each mili15 tary department, with respect to each working-capital

16 fund of the military department, shall annually submit to

17 Congress, at the same time that the President submits the

18 budget under section 1105 of title 31, the following:

19 ‘‘(1) A detailed report that contains a state20 ment of all receipts and disbursements of the fund

21 (including such a statement for each subaccount of

22 the fund) for the fiscal year ending in the year pre23 ceding the year in which the budget is submitted.
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1 ‘‘(2) A detailed proposed budget for the oper2 ation of the fund for the fiscal year for which the

3 budget is submitted.

4 ‘‘(3) A comparison of the amounts actually ex5 pended for the operation of the fund for the fiscal

6 year referred to in paragraph (1) with the amount

7 proposed for the operation of the fund for that fiscal

8 year in the President’s budget.

9 ‘‘(4) A report on the capital asset subaccount of

10 the fund that contains the following information:

11 ‘‘(A) The opening balance of the sub12 account as of the beginning of the fiscal year in

13 which the report is submitted.

14 ‘‘(B) The estimated amounts to be credited

15 to the subaccount in the fiscal year in which the

16 report is submitted.

17 ‘‘(C) The estimated amounts of outlays to

18 be paid out of the subaccount in the fiscal year

19 in which the report is submitted.

20 ‘‘(D) The estimated balance of the sub21 account at the end of the fiscal year in which

22 the report is submitted.

23 ‘‘(E) A statement of how much of the esti24 mated balance at the end of the fiscal year in

25 which the report is submitted will be needed to
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1 pay outlays in the immediately following fiscal

2 year that are in excess of the amount to be

3 credited to the subaccount in the immediately

4 following fiscal year.’’.

5 (b) REPEAL OF AUTHORITY TO MANAGE THROUGH

6 THE DEFENSE BUSINESS OPERATIONS FUND.—(1) Sec7 tion 2216a of title 10, United States Code, is repealed.

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

9 131 of such title is amended by striking out the item relat10 ing to section 2216a.

11 SEC. 343. CLARIFICATION OF AUTHORITY TO RETAIN RE12 COVERED COSTS OF DISPOSALS IN WORKING13 CAPITAL FUNDS.

14 Section 2210(a) of title 10, United States Code, is

15 amended to read as follows:

16 ‘‘(a)(1) A working-capital fund established pursuant

17 to section 2208 of this title may retain so much of the

18 proceeds of disposals of property referred to in paragraph

19 (2) as is necessary to recover the expenses incurred by

20 the fund in disposing of such property. Proceeds from the

21 sale or disposal of such property in excess of amounts nec22 essary to recover the expenses may be credited to current

23 applicable appropriations of the Department of Defense.

24 ‘‘(2) Paragraph (1) applies to disposals of supplies,

25 material, equipment, and other personal property that
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1 were not financed by stock funds established under section

2 2208 of this title.’’.

3 SEC. 344. BEST COMMERCIAL INVENTORY PRACTICES FOR

4 MANAGEMENT OF SECONDARY SUPPLY

5 ITEMS.

6 (a) DEVELOPMENT AND SUBMISSION OF SCHED7 ULE.—Not later than 180 days after the date of the enact8 ment of this Act, the Secretary of each military depart9 ment shall develop and submit to Congress a schedule for

10 implementing within the military department, for second11 ary supply items managed by that military department,

12 inventory practices identified by the Secretary as being the

13 best commercial inventory practices for the acquisition

14 and distribution of such supply items consistent with mili15 tary requirements. The schedule shall provide for the im16 plementation of such practices to be completed not later

17 than five years after the date of the enactment of this Act.

18 (b) DEFINITION.—For purposes of this section, the

19 term ‘‘best commercial inventory practice’’ includes cel20 lular repair processes, use of third-party logistics provid21 ers, and any other practice that the Secretary determines

22 will enable the military department to reduce inventory

23 levels and holding costs while improving the responsive24 ness of the supply system to user needs.
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1 (c) GAO REPORTS ON MILITARY DEPARTMENT AND

2 DEFENSE LOGISTICS AGENCY SCHEDULES.—(1) Not

3 later than 240 days after the date of the enactment of

4 this Act, the Comptroller General shall submit to Congress

5 a report evaluating the extent to which the Secretary of

6 each military department has complied with the require7 ments of this section.

8 (2) Not later than 18 months after the date on which

9 the Director of the Defense Logistics Agency submits to

10 Congress a schedule for implementing best commercial in11 ventory practices under section 395 of the National De12 fense Authorization Act for Fiscal Year 1998 (Public Law

13 105–85; 111 Stat. 1718; 10 U.S.C. 2458 note), the Comp14 troller General shall submit to Congress an evaluation of

15 the extent to which best commercial inventory practices

16 are being implemented in the Defense Logistics Agency

17 in accordance with that schedule.

18 SEC. 345. INCREASED USE OF SMART CARDS.

19 (a) FUNDING FOR INCREASED USE GENERALLY.—

20 Of the funds available for the Navy for fiscal year 1999

21 for operation and maintenance, the Secretary of the Navy

22 shall allocate sufficient amounts, up to $25,000,000, to

23 making significant progress toward ensuring that smart

24 cards having a multi-application, multi-technology auto25 mated reading capability are issued and used throughout
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1 the Navy and the Marine Corps for purposes for which

2 such cards are suitable.

3 (b) DEPLOYMENT OF SMART CARDS.—(1) Not later

4 than March 31, 1999, the Secretary of the Navy shall

5 equip with smart card technology at least one carrier bat6 tle group, one carrier air wing, and one amphibious readi7 ness group (including the Marine Corps units embarked

8 on the vessels of such battle and readiness groups) in each

9 of the United States Atlantic Command and the United

10 States Pacific Command.

11 (2) None of the funds appropriated pursuant to any

12 authorization of appropriations in this Act may be ex13 pended after March 31, 1999, for the procurement of the

14 Joint Uniformed Services Identification card for, or for

15 the issuance of such card to, members of the Navy or the

16 Marine Corps until the Secretary of the Navy certifies in

17 writing to the Committee on Armed Services of the Senate

18 and the Committee on National Security of the House of

19 Representatives that the Secretary has completed the

20 issuance of smart cards in accordance with paragraph (1).

21 (c) PLAN.—Not later than March 31, 1999, the Sec22 retary of the Navy shall submit to the congressional de23 fense committees a plan for equipping all operational

24 naval units with smart card technology. The Secretary
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1 shall include in the plan estimates of the costs of, and

2 the savings to be derived from, carrying out the plan.

3 (d) SMART CARD DEFINED.—In this section, the

4 term ‘‘smart card’’ means a credit card size device that

5 contains one or more integrated-circuits.

6 SEC. 346. PUBLIC-PRIVATE COMPETITION IN THE PROVI7 SION OF SUPPORT SERVICES.

8 (a) SENSE OF THE SENATE.—It is the sense of the

9 Senate that the Secretary of Defense should take action

10 to initiate public-private competitions pursuant to Office

11 of Management and Budget Circular A–76 for functions

12 of the Department of Defense involving not fewer than

13 a number of employees equivalent to 30,000 full-time em14 ployees for each of fiscal years 1999, 2000, 2001, 2002,

15 2003, and 2004.

16 (b) SMALL FUNCTIONS QUALIFIED FOR A WAIVER

17 OF THE NOTIFICATION AND REPORTING REQUIREMENTS

18 FOR CONVERSION TO CONTRACTOR PERFORMANCE.—(1)

19 Section 2461(d) of title 10, United States Code, is amend20 ed by striking out ‘‘20 or fewer’’ and inserting in lieu

21 thereof ‘‘50 or fewer’’.

22 (2) Notwithstanding any other provision of law, no

23 study, notification, or report may be required pursuant to

24 subsection (a), (b), or (c) of section 2461 of title 10,

25 United States Code, or Office of Management and Budget
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1 Circular A–76 for functions that are being performed by

2 50 or fewer Department of Defense civilian employees.

3 (c) BEST OVERALL VALUE TO THE TAXPAYER.—Sec4 tion 2462(a) of title 10, United States Code, is amended

5 by striking out ‘‘at a cost that is lower’’ and all that fol6 lows through the period at the end and inserting in lieu

7 thereof: ‘‘at a lower cost than the cost at which the De8 partment can provide the same supply or service or at a

9 better overall value than the value that the Department

10 can provide for the same supply or service. Each deter11 mination regarding relative cost or relative overall value

12 shall be based on an objective evaluation of cost and per13 formance-related factors and shall include the consider14 ation of any cost differential required by law, Executive

15 order, or regulation.’’.

16 (d) EFFECTIVE DATE.—Subsections (b) and (c), and

17 the amendments made by such subsections, shall take ef18 fect on January 1, 2001.

19 SEC. 347. CONDITION FOR PROVIDING FINANCIAL ASSIST20 ANCE FOR SUPPORT OF ADDITIONAL DUTIES

21 ASSIGNED TO THE ARMY NATIONAL GUARD.

22 (a) COMPETITIVE SOURCE SELECTION.—Section

23 113(b) of title 32, United States Code, is amended to read

24 as follows:
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1 ‘‘(b) COVERED ACTIVITIES.—(1) Except as provided

2 in paragraph (2), financial assistance may be provided for

3 the performance of an activity by the Army National

4 Guard under subsection (a) only if—

5 ‘‘(A) the activity is carried out in the perform6 ance of a responsibility of the Secretary of the Army

7 under paragraph (6), (10), or (11) of section

8 3013(b) of title 10; and

9 ‘‘(B) the Army National Guard was selected to

10 perform the activity under competitive procedures

11 that permit all responsible private-sector sources to

12 submit offers and be considered for selection to per13 form the activity on the basis of the offers.

14 ‘‘(2) Paragraph (1)(B) does not apply to an activity

15 that, on the date of the enactment of the Strom Thurmond

16 National Defense Authorization Act for Fiscal Year 1999,

17 was performed for the Federal Government by employees

18 of the Federal Government or employees of a State.’’.

19 (b) PROSPECTIVE APPLICABILITY.—Subparagraph

20 (B) of section 113(b)(1) of title 32, United States Code

21 (as amended by subsection (a) of this section), does not

22 apply to—

23 (1) financial assistance provided under that sec24 tion before October 1, 1998; or
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1 (2) financial assistance for an activity that, on

2 or before May 8, 1998, the Secretary of the Army

3 identified in writing as being under consideration for

4 supporting with financial assistance under such sec5 tion.

6 SEC. 348. REPEAL OF PROHIBITION ON JOINT USE OF

7 GRAY ARMY AIRFIELD, FORT HOOD, TEXAS.

8 Section 319 of the National Defense Authorization

9 Act for Fiscal Year 1987 (Public Law 99–661; 100 Stat.

10 3855), relating to a prohibition on the joint military-civil11 ian use of Robert Gray Army Airfield, Fort Hood, Texas,

12 is repealed.

13 SEC. 349. INVENTORY MANAGEMENT OF IN-TRANSIT SEC14 ONDARY ITEMS.

15 (a) REQUIREMENT FOR PLAN.—Not later than

16 March 1, 1999, the Secretary of Defense shall submit to

17 Congress a plan to address problems with Department of

18 Defense management of the department’s inventories of

19 in-transit secondary items as follows:

20 (1) The vulnerability of in-transit secondary

21 items to loss through fraud, waste, and abuse.

22 (2) Loss of oversight of in-transit secondary

23 items, including any loss of oversight when items are

24 being transported by commercial carriers.
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1 (3) Loss of accountability for in-transit second2 ary items due to either a delay of delivery of the

3 items or a lack of notification of a delivery of the

4 items.

5 (b) CONTENT OF PLAN.— The plan shall include, for

6 each of the problems described in subsection (a), the fol7 lowing information:

8 (1) The actions to be taken to correct the prob9 lems.

10 (2) Statements of objectives.

11 (3) Performance measures and schedules.

12 (4) An identification of any resources that may

13 be necessary for correcting the problem, together

14 with an estimate of the annual costs.

15 (c) GAO REVIEWS.—(1) Not later than 60 days after

16 the date on which the Secretary of Defense submits the

17 plan to Congress, the Comptroller General shall review the

18 plan and submit to Congress any comments that the

19 Comptroller General considers appropriate regarding the

20 plan.

21 (2) The Comptroller General shall monitor any imple22 mentation of the plan and, not later than one year after

23 the date referred to in paragraph (1), submit to Congress

24 an assessment of the extent to which the plan has been

25 implemented.
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1 SEC. 350. PERSONNEL REDUCTIONS IN ARMY MATERIEL

2 COMMAND.

3 Not later than March 31, 1999, the Comptroller Gen4 eral shall submit to the congressional defense committees

5 a report concerning—

6 (1) the effect that the quadrennial defense re7 view’s proposed personnel reductions in the Army

8 Materiel Command will have on workload and readi9 ness if implemented; and

10 (2) the projected cost savings from such reduc11 tions and the manner in which such savings are ex12 pected to be achieved.

13 SEC. 351. PROHIBITIONS REGARDING EVALUATION OF

14 MERIT OF SELLING MALT BEVERAGES AND

15 WINE IN COMMISSARY STORES AS EXCHANGE

16 SYSTEM MERCHANDISE.

17 Neither the Secretary of Defense nor any other offi18 cial of the Department of Defense may—

19 (1) by contract or otherwise, conduct a survey

20 of eligible patrons of the commissary store system to

21 determine patron interest in having commissary

22 stores sell malt beverages and wine as exchange

23 store merchandise; or

24 (2) conduct a demonstration project to evaluate

25 the merit of selling malt beverages and wine in com26 missary stores as exchange store merchandise.
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1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

6 duty personnel as of September 30, 1999, as follows:

7 (1) The Army, 480,000.

8 (2) The Navy, 372,696.

9 (3) The Marine Corps, 172,200.

10 (4) The Air Force, 370,882.

11 SEC. 402. LIMITED EXCLUSIONS OF JOINT DUTY OFFICERS

12 FROM LIMITATIONS ON NUMBER OF GEN13 ERAL AND FLAG OFFICERS.

14 (a) ONE ADDITIONAL EXEMPTION FROM PERCENT15 AGE LIMITATION ON NUMBER OF LIEUTENANT GEN16 ERALS AND VICE ADMIRALS.—Section 525(b)(4)(B) of

17 title 10, United States Code, is amended by striking out

18 ‘‘six’’ and inserting in lieu thereof ‘‘seven’’.

19 (b) EXTENSION OF AUTHORITY TO EXCLUDE UP TO

20 12 JOINT DUTY OFFICERS FROM LIMITATION ON AU21 THORIZED GENERAL AND FLAG OFFICER STRENGTH.—

22 Section 526(b)(2) of such title is amended by striking out

23 ‘‘October 1, 1998’’ and inserting in lieu thereof ‘‘October

24 1, 2002’’.
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1 SEC. 403. LIMITATION ON DAILY AVERAGE OF PERSONNEL

2 ON ACTIVE DUTY IN GRADES E–8 AND E–9.

3 (a) FISCAL YEAR BASIS FOR APPLICATION OF LIMI4 TATION.—The first sentence of section 517(a) of title 10,

5 United States Code, is amended—

6 (1) by striking out ‘‘a calendar year’’ and in7 serting in lieu thereof ‘‘a fiscal year’’; and

8 (2) by striking out ‘‘January 1 of that year’’

9 and inserting in lieu thereof ‘‘the first day of that

10 fiscal year’’.

11 (b) CORRECTION OF CROSS REFERENCE.—Such sen12 tence is further amended by striking out ‘‘Except as pro13 vided in section 307 of title 37, the’’ and inserting in lieu

14 thereof ‘‘The’’.

15 SEC. 404. REPEAL OF PERMANENT END STRENGTH RE16 QUIREMENT FOR SUPPORT OF TWO MAJOR

17 REGIONAL CONTINGENCIES.

18 (a) REPEAL.—Section 691 of title 10, United States

19 Code, is repealed.

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

21 at the beginning of chapter 39 of such title is amended

22 by striking out the item relating to section 691.
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1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

3 (a) IN GENERAL.—The Armed Forces are authorized

4 strengths for Selected Reserve personnel of the reserve

5 components as of September 30, 1999, as follows:

6 (1) The Army National Guard of the United

7 States, 357,000.

8 (2) The Army Reserve, 208,000.

9 (3) The Naval Reserve, 90,843.

10 (4) The Marine Corps Reserve, 40,018.

11 (5) The Air National Guard of the United

12 States, 106,991.

13 (6) The Air Force Reserve, 74,242.

14 (7) The Coast Guard Reserve, 8,000.

15 (b) WAIVER AUTHORITY.—The Secretary of Defense

16 may vary an end strength authorized by subsection (a) by

17 not more than 2 percent.

18 (c) ADJUSTMENTS.—The end strengths prescribed by

19 subsection (a) for the Selected Reserve of any reserve com20 ponent shall be proportionately reduced by—

21 (1) the total authorized strength of units orga22 nized to serve as units of the Selected Reserve of

23 such component which are on active duty (other

24 than for training) at the end of the fiscal year, and
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1 (2) the total number of individual members not

2 in units organized to serve as units of the Selected

3 Reserve of such component who are on active duty

4 (other than for training or for unsatisfactory partici5 pation in training) without their consent at the end

6 of the fiscal year.

7 Whenever such units or such individual members are re8 leased from active duty during any fiscal year, the end

9 strength prescribed for such fiscal year for the Selected

10 Reserve of such reserve component shall be proportion11 ately increased by the total authorized strengths of such

12 units and by the total number of such individual members.

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

14 DUTY IN SUPPORT OF THE RESERVES.

15 Within the end strengths prescribed in section

16 411(a), the reserve components of the Armed Forces are

17 authorized, as of September 30, 1999, the following num18 ber of Reserves to be serving on full-time active duty or

19 full-time duty, in the case of members of the National

20 Guard, for the purpose of organizing, administering, re21 cruiting, instructing, or training the reserve components:

22 (1) The Army National Guard of the United

23 States, 21,763.

24 (2) The Army Reserve, 11,804.

25 (3) The Naval Reserve, 15,590.
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1 (4) The Marine Corps Reserve, 2,362.

2 (5) The Air National Guard of the United

3 States, 10,930.

4 (6) The Air Force Reserve, 991.

5 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

6 (DUAL STATUS).

7 The reserve components of the Army and the Air

8 Force are authorized strengths for military technicians

9 (dual status) as of September 30, 1999, as follows:

10 (1) For the Army Reserve, 5,205.

11 (2) For the Army National Guard of the United

12 States, 22,179.

13 (3) For the Air Force Reserve, 9,761.

14 (4) For the Air National Guard of the United

15 States, 22,408.

16 SEC. 414. EXCLUSION OF ADDITIONAL RESERVE COMPO17 NENT GENERAL AND FLAG OFFICERS FROM

18 LIMITATION ON NUMBER OF GENERAL AND

19 FLAG OFFICERS WHO MAY SERVE ON ACTIVE

20 DUTY.

21 Section 526(d) of title 10, United States Code, is

22 amended to read as follows:

23 ‘‘(d) EXCLUSION OF CERTAIN RESERVE OFFI24 CERS.—(1) Subject to paragraph (2), the limitations of
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1 this section do not apply to the following reserve compo2 nent general or flag officers:

3 ‘‘(A) A general or flag officer who is on active

4 duty for training.

5 ‘‘(B) A general or flag officer who is on active

6 duty under a call or order specifying a period of less

7 than 180 days.

8 ‘‘(C) A general or flag officer who is on active

9 duty under a call or order specifying a period of

10 more than 179 days.

11 ‘‘(2) The number of general or flag officers of an

12 armed force that are excluded from the applicability of the

13 limitations of this section under paragraph (1)(C) at any

14 one time may not exceed the number equal to three per15 cent of the number specified for that armed force under

16 subsection (a).’’.

17 SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CER18 TAIN GRADES AUTHORIZED TO BE ON ACTIVE

19 DUTY IN SUPPORT OF THE RESERVES.

20 (a) OFFICERS.—The table in section 12011(a) of title

21 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

Major or Lieutenant Commander ........................................... 3,219 1,071 791 140

Lieutenant Colonel or Commander ......................................... 1,524 520 713 90

Colonel or Navy Captain ......................................................... 438 188 297 30’’.
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1 (b) SENIOR ENLISTED MEMBERS.—The table in sec2 tion 12012(a) of title 10, United States Code, is amended

3 to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 .......................................................................................... 623 202 395 20

E–8 .......................................................................................... 2,585 429 997 94’’.

4 SEC. 416. CONSOLIDATION OF STRENGTH AUTHORIZA5 TIONS FOR ACTIVE STATUS NAVAL RESERVE

6 FLAG OFFICERS OF THE NAVY MEDICAL DE7 PARTMENT STAFF CORPS.

8 Section 12004(c) of subtitle E of title 10, United

9 States Code, is amended—

10 (1) in the table in paragraph (1)—

11 (A) by striking out the item relating to the

12 Medical Corps and inserting in lieu thereof the

13 following:

‘‘Medical Department staff corps ............................................ 9’’;

14 and

15 (B) by striking out the items relating to

16 the Dental Corps, the Nurse Corps, and the

17 Medical Service Corps; and

18 (2) by adding at the end the following:

19 ‘‘(4)(A) For the purposes of paragraph (1), the Medi20 cal Department staff corps referred to in the table are as

21 follows:

22 ‘‘(i) The Medical Corps.
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1 ‘‘(ii) The Dental Corps.

2 ‘‘(iii) The Nurse Corps.

3 ‘‘(iv) The Medical Service Corps.

4 ‘‘(B) Each of the Medical Department staff corps is

5 authorized one rear admiral (lower half) within the

6 strength authorization distributed to the Medical Depart7 ment staff corps under paragraph (1). The Secretary of

8 the Navy shall distribute the remainder of the strength

9 authorization for the Medical Department staff corps

10 under that paragraph among those staff corps as the Sec11 retary determines appropriate to meet the needs of the

12 Navy.’’.

13 Subtitle C—Authorization of

14 Appropriations

15 SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI16 TARY PERSONNEL.

17 There is hereby authorized to be appropriated to the

18 Department of Defense for military personnel for fiscal

19 year 1999 a total of $70,434,386,000. The authorization

20 in the preceding sentence supersedes any other authoriza21 tion of appropriations (definite or indefinite) for such pur22 pose for fiscal year 1999.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel

4 Policy

5 SEC. 501. STREAMLINED SELECTIVE RETENTION PROCESS

6 FOR REGULAR OFFICERS.

7 (a) REPEAL OF REQUIREMENT FOR DUPLICATIVE

8 BOARD.—Section 1183 of title 10, United States Code,

9 is repealed.

10 (b) CONFORMING AMENDMENTS.—(1) Section

11 1182(c) of such title is amended by striking out ‘‘send

12 the record of proceedings to a board of review convened

13 under section 1183 of this title’’ and inserting in lieu

14 thereof ‘‘recommend to the Secretary concerned that the

15 officer not be retained on active duty’’.

16 (2) Section 1184 of such title is amended by striking

17 out ‘‘board of review convened under section 1183 of this

18 title’’ and inserting in lieu thereof ‘‘board of inquiry con19 vened under section 1182 of this title’’.

20 (c) CLERICAL AMENDMENTS.—(1) The heading for

21 section 1184 of such title is amended by striking out ‘‘re22 view’’ and inserting in lieu thereof ‘‘inquiry’’.

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

24 60 of such title is amended by striking out the items relat-
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1 ing to sections 1183 and 1184 and inserting in lieu thereof

2 the following:

‘‘1184. Removal of officer: action by Secretary upon recommendation of board

of inquiry.’’.

3 SEC. 502. PERMANENT APPLICABILITY OF LIMITATIONS

4 ON YEARS OF ACTIVE NAVAL SERVICE OF

5 NAVY LIMITED DUTY OFFICERS IN GRADES

6 OF COMMANDER AND CAPTAIN.

7 (a) COMMANDERS.—Section 633 of title 10, United

8 States Code, is amended—

9 (1) by striking out ‘‘Except an officer’’ and all

10 that follows through ‘‘or section 6383 of this title

11 applies’’ and inserting in lieu thereof ‘‘Except an of12 ficer of the Navy or Marine Corps who is an officer

13 designated for limited duty to whom section 5596(e)

14 or 6383 of this title applies’’; and

15 (2) by striking out the second sentence.

16 (b) CAPTAINS.—Section 634 of such title is

17 amended—

18 (1) by inserting ‘‘an officer of the Navy who is

19 designated for limited duty to whom section

20 6383(a)(4) of this title applies and except’’ in the

21 first sentence after ‘‘Except’’; and

22 (2) by striking out the second sentence.
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1 (c) YEARS OF ACTIVE NAVAL SERVICE.—Section

2 6383(a) of such title is amended by striking out paragraph

3 (5).

4 (d) LIMITATIONS ON SELECTIVE RETENTIONS.—Sec5 tion 6383(k) of such title is amended by striking out the

6 last sentence.

7 SEC. 503. INVOLUNTARY SEPARATION PAY DENIED FOR

8 OFFICER DISCHARGED FOR FAILURE OF SE9 LECTION FOR PROMOTION REQUESTED BY

10 THE OFFICER.

11 (a) INELIGIBILITY FOR SEPARATION PAY.—Section

12 1174(a) of title 10, United States Code, is amended by

13 adding at the end the following:

14 ‘‘(3) Notwithstanding paragraphs (1) and (2), an of15 ficer discharged for twice failing of selection for promotion

16 to the next higher grade is not entitled to separation pay

17 under this section if the officer submitted a request not

18 to be selected for promotion to any selection board that

19 considered and did not select the officer for promotion to

20 that grade.’’.

21 (b) REPORT OF SELECTION BOARD TO NAME OFFI22 CERS REQUESTING NONSELECTION.—Section 617 of such

23 title is amended by adding at the end the following:

24 ‘‘(c) A selection board convened under section 611(a)

25 of this title shall include in its report to the Secretary con-
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1 cerned the name of any regular officer considered and not

2 recommended by the board for promotion who submitted

3 to the board a request not to be selected for promotion.’’.

4 (c) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect on the date

6 of the enactment of this Act and shall apply with respect

7 to selection boards convened under section 611(a) of title

8 10, United States Code, on or after that date.

9 SEC. 504. TERM OF OFFICE OF THE CHIEF OF THE AIR

10 FORCE NURSE CORPS.

11 Section 8069(b) of title 10, United States Code, is

12 amended in the third sentence by striking out ‘‘and’’ and

13 inserting in lieu thereof the following: ‘‘except that the

14 Secretary may increase the limit to four years in any case

15 in which the Secretary determines that special cir16 cumstances justify a longer term of service in the position.

17 An officer appointed as Chief’’.

18 SEC. 505. ATTENDANCE OF RECIPIENTS OF NAVAL RE19 SERVE OFFICERS’ TRAINING CORPS SCHOL20 ARSHIPS AT PARTICIPATING COLLEGES OR

21 UNIVERSITIES.

22 Section 2107 of title 10, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(i)(1) Notwithstanding any other provision of law or

25 any policy or regulation of the Department of Defense or
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1 of the Department of the Navy, recipients of Naval Re2 serve Officers’ Training Corps scholarships who live in a

3 State which has more scholarship awardees than slots

4 available under the Navy quotas in their State colleges and

5 universities may attend any college or university of their

6 choice in their State to which they have been accepted,

7 so long as the college or university is a participant in the

8 Naval Reserve Officers’ Training Corps program.

9 ‘‘(2) The Department of Defense and the Depart10 ment of the Navy are prohibited from setting maximum

11 limits on the number of Naval Reserve Officers’ Training

12 Corps scholarship students who can be enrolled at any col13 lege or university participating in the Naval Reserve Offi14 cers’ Training Corps program in such State.’’.

15 Subtitle B—Reserve Component

16 Matters

17 SEC. 511. SERVICE REQUIRED FOR RETIREMENT OF NA18 TIONAL GUARD OFFICER IN HIGHER GRADE.

19 (a) REVISION OF REQUIREMENT.—Subparagraph

20 (E) of section 1370(d)(3) of title 10, United States Code,

21 is amended to read as follows:

22 ‘‘(E) To the extent authorized by the Secretary of

23 the military department concerned, a person who, after

24 having been found qualified for Federal recognition in a

25 higher grade by a board under section 307 of title 32,
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1 serves in a position for which that grade is the minimum

2 authorized grade and is appointed as a reserve officer in

3 that grade may be credited for the purposes of subpara4 graph (A) as having served in that grade. The period of

5 the service for which credit is afforded under the preceding

6 sentence may only be the period for which the person

7 served in the position after the Senate provides advice and

8 consent for the appointment.’’.

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

10 subsection (a) shall take effect on the date of the enact11 ment of this Act and shall apply with respect to appoint12 ments to higher grades that take effect after that date.

13 SEC. 512. REDUCED TIME-IN-GRADE REQUIREMENT FOR

14 RESERVE GENERAL AND FLAG OFFICERS IN15 VOLUNTARILY TRANSFERRED FROM ACTIVE

16 STATUS.

17 (a) MINIMUM SERVICE IN ACTIVE STATUS.—Section

18 1370(d)(3) of title 10, United States Code, as amended

19 by section 511, is further amended by adding at the end

20 the following new subparagraph:

21 ‘‘(F) A person covered by subparagraph (A) who has

22 completed at least six months of satisfactory service in a

23 grade above colonel or (in the case of the Navy) captain

24 and, while serving in an active status in such grade, is

25 involuntarily transferred (other than for cause) from ac-
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1 tive status may be credited with satisfactory service in the

2 grade in which serving at the time of such transfer, not3 withstanding failure of the person to complete three years

4 of service in that grade.’’.

5 (b) EFFECTIVE DATE.—Subparagraph (F) of such

6 section, as added by subsection (a), shall take effect on

7 the date of the enactment of this Act and shall apply with

8 respect to transfers referred to in such subparagraph that

9 are made on or after that date.

10 SEC. 513. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE

11 BRIGADIER GENERALS TO BE CONSIDERED

12 FOR PROMOTION WHILE ON INACTIVE STA13 TUS LIST.

14 (a) WAIVER OF ACTIVE STATUS REQUIREMENT.—

15 Chapter 1405 of title 10, United States Code, is amended

16 by adding at the end the following:

17 ‘‘§ 14318. Officers on inactive status list: eligibility of

18 Army and Air Force reserve brigadier

19 generals for consideration for promotion

20 ‘‘(a) WAIVER OF ONE-YEAR ACTIVE STATUS

21 RULE.—The Secretary concerned may waive the eligibility

22 requirements in section 14301(a) of this title (and the re23 quirement in section 140101(a) of this title that an officer

24 be on a reserve active-status list) in the case of a general

25 officer referred to in subsection (b) and authorize the offi-
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1 cer to be considered for promotion under this chapter by

2 a promotion board convened under section 14101(a) of

3 this title.

4 ‘‘(b) APPLICABILITY.—Subsection (a) applies to a re5 serve officer of the Army or Air Force who—

6 ‘‘(1) is on the inactive status list of the Standby

7 Reserve in the grade of brigadier general pursuant

8 to a transfer under section 14314(a)(2) of this title;

9 ‘‘(2) has been on the inactive status list pursu10 ant to the transfer for less than one year as of the

11 date of the convening of the promotion board that

12 is to consider the officer for promotion; and

13 ‘‘(3) during the one-year period ending on the

14 date of the transfer to the inactive status list, con15 tinuously performed service on either the reserve ac16 tive-status list, the active-duty list, or a combination

17 of both lists.’’.

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

19 at the beginning of such chapter is amended by adding

20 at the end the following:

‘‘14318. Officers on inactive status list: eligibility of Army and Air Force reserve

brigadier generals for consideration for promotion.’’.
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1 SEC. 514. COMPOSITION OF SELECTIVE EARLY RETIRE2 MENT BOARDS FOR REAR ADMIRALS OF THE

3 NAVAL RESERVE AND MAJOR GENERALS OF

4 THE MARINE CORPS RESERVE.

5 Section 14705(b) of title 10, United States Code, is

6 amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(b) BOARDS.—’’;

8 and

9 (2) by adding at the end the following:

10 ‘‘(2) In the case of a board convened to consider the

11 early retirement of officers in the grade of rear admiral

12 in the Naval Reserve or major general in the Marine Corps

13 Reserve, the Secretary of the Navy may prescribe the com14 position of the board notwithstanding section 14102(b) of

15 this title. In doing so, however, the Secretary shall ensure

16 that each regular commissioned officer of the Navy or the

17 Marine Corps appointed to the board holds a permanent

18 grade higher than the grade of the officers under consider19 ation by the board and that at least one member of the

20 board is a reserve officer who holds the grade of rear ad21 miral or major general.’’.

22 SEC. 515. USE OF RESERVES FOR EMERGENCIES INVOLV23 ING WEAPONS OF MASS DESTRUCTION.

24 (a) ORDER TO ACTIVE DUTY.—(1) Section 12304 of

25 title 10, United States Code, is amended—
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1 (A) in subsection (a), by inserting ‘‘or is nec2 essary to provide assistance referred to in subsection

3 (b)’’ after ‘‘to augment the active forces for any

4 operational mission’’.

5 (B) in subsection (b)—

6 (i) by striking out ‘‘(b)’’ and inserting in

7 lieu thereof ‘‘(c) LIMITATIONS.—(1)’’; and

8 (ii) by striking out ‘‘, or to provide’’ and

9 inserting in lieu thereof ‘‘or, except as provided

10 in subsection (b), to provide’’;

11 (C) by redesignating subsection (c) as para12 graph (2); and

13 (D) by inserting after subsection (a) the follow14 ing new subsection (b):

15 ‘‘(b) SUPPORT FOR RESPONSES TO CERTAIN EMER16 GENCIES.—The authority under subsection (a) includes

17 authority to order a unit or member to active duty to pro18 vide assistance in responding to an emergency involving

19 a use or threatened use of a weapon of mass destruction.’’.

20 (2) Subsection (i) of such section is amended to read

21 as follows:

22 ‘‘(i) DEFINITIONS.—For purposes of this section:

23 ‘‘(1) The term ‘Individual Ready Reserve mobi24 lization category’ means, in the case of any reserve
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1 component, the category of the Individual Ready Re2 serve described in section 10144(b) of this title.

3 ‘‘(2) The term ‘weapon of mass destruction’ has

4 the meaning given such term in section 1402 of the

5 Defense Against Weapons of Mass Destruction Act

6 of 1996 (50 U.S.C. 2302(1)).’’.

7 (3) Such section is further amended—

8 (A) in subsection (a), by inserting ‘‘AUTHOR9 ITY.—’’ after ‘‘(a)’’;

10 (B) in subsection (d), by inserting ‘‘EXCLUSION

11 FROM STRENGTH LIMITATIONS.—’’ after ‘‘(d)’’;

12 (C) in subsection (e), by inserting ‘‘POLICIES

13 AND PROCEDURES.—’’ after ‘‘(e)’’;

14 (D) in subsection (f), by inserting ‘‘NOTIFICA15 TION OF CONGRESS.—’’ after ‘‘(f)’’;

16 (E) in subsection (g), by inserting ‘‘TERMI17 NATION OF DUTY.—’’ after ‘‘(g)’’; and

18 (F) in subsection (h), by inserting ‘‘RELATION19 SHIP TO WAR POWERS RESOLUTION.—’’ after

20 ‘‘(h)’’.

21 (b) USE OF ACTIVE GUARD AND RESERVE PERSON22 NEL.—Section 12310 of title 10, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(c)(1) A Reserve on active duty as described in sub25 section (a), or a Reserve who is a member of the National
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1 Guard serving on full-time National Guard duty under

2 section 502(f) of title 32 in connection with functions re3 ferred to in subsection (a), may perform any duties in sup4 port of emergency preparedness programs to prepare for

5 or to respond to any emergency involving the use of a

6 weapon of mass destruction (as defined in section 1402

7 of the Defense Against Weapons of Mass Destruction Act

8 of 1996 (50 U.S.C. 2302(1))).

9 ‘‘(2) The costs of the pay, allowances, clothing, sub10 sistence, gratuities, travel, and related expenses for a Re11 serve performing duties under the authority of paragraph

12 (1) shall be paid from the appropriation that is available

13 to pay such costs for other members of the reserve compo14 nent of that Reserve who are performing duties as de15 scribed in subsection (a).’’.

16 Subtitle C—Other Matters

17 SEC. 521. ANNUAL MANPOWER REQUIREMENTS REPORT.

18 Section 115a(a) of title 10, United States Code, is

19 amended by striking out the first sentence and inserting

20 in lieu thereof the following: ‘‘The Secretary of Defense

21 shall submit an annual manpower requirements report to

22 Congress each year, not later than 45 days after the date

23 on which the President submits the budget for the next

24 fiscal year to Congress under section 1105(a) of title 31.’’.
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1 SEC. 522. FOUR-YEAR EXTENSION OF CERTAIN FORCE RE2 DUCTION TRANSITION PERIOD MANAGEMENT

3 AND BENEFITS AUTHORITIES.

4 (a) ACTIVE FORCE EARLY RETIREMENT.—Section

5 4403(i) of the National Defense Authorization Act for Fis6 cal Year 1993 (10 U.S.C. 1293 note) is amended by strik7 ing out ‘‘October 1, 1999’’ and inserting in lieu thereof

8 ‘‘October 1, 2003’’.

9 (b) SPECIAL SEPARATION BENEFITS PROGRAM.—

10 Section 1174a(h) of title 10, United States Code, is

11 amended by striking out ‘‘September 30, 1999’’ and in12 serting in lieu thereof ‘‘September 30, 2003’’.

13 (c) VOLUNTARY SEPARATION INCENTIVE.—Section

14 1175(d)(3) of such title is amended by striking out ‘‘Sep15 tember 30, 1999’’ and inserting in lieu thereof ‘‘Septem16 ber 30, 2003’’.

17 (d) SELECTIVE EARLY RETIREMENT BOARDS.—Sec18 tion 638a(a) of such title, is amended by striking out

19 ‘‘nine-year period’’ and inserting in lieu thereof ‘‘13-year

20 period’’.

21 (e) RETIRED GRADE.—Section 1370(a)(2)(A) of such

22 title is amended by striking out ‘‘nine-year period’’ and

23 inserting in lieu thereof ‘‘13-year period’’.

24 (f) MINIMUM COMMISSIONED SERVICE FOR VOL25 UNTARY RETIREMENT.—Sections 3911(b), 6323(a)(2),

26 and 8911(b) of such title are amended by striking out
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1 ‘‘nine-year period’’ and inserting in lieu thereof ‘‘13-year

2 period’’.

3 (g) TRAVEL, TRANSPORTATION, AND STORAGE BEN4 EFITS.—(1) Subsections (c)(1)(C) and (f)(2)(B)(v) of sec5 tion 404 of title 37, United States Code, and subsections

6 (a)(2)(B)(v) and (g)(1)(C) of section 406 of such title are

7 amended by striking out ‘‘nine-year period’’ and inserting

8 in lieu thereof ‘‘13-year period’’.

9 (2) Section 503(c)(1) of the National Defense Au10 thorization Act for Fiscal Year 1991 (37 U.S.C. 406 note)

11 is amended by striking out ‘‘nine-year period’’ and insert12 ing in lieu thereof ‘‘13-year period’’.

13 (h) EDUCATIONAL LEAVE FOR PUBLIC AND COMMU14 NITY SERVICE.—Section 4463(f) of the National Defense

15 Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143a

16 note) is amended by striking out ‘‘September 30, 1999’’

17 and inserting in lieu thereof ‘‘September 30, 2003’’.

18 (i) HEALTH BENEFITS.—Section 1145 of title 10,

19 United States Code, is amended—

20 (1) in subsections (a)(1) and (c)(1), by striking

21 out ‘‘nine-year period’’ and inserting in lieu thereof

22 ‘‘13-year period’’; and

23 (2) in subsection (e), by striking out ‘‘five-year

24 period’’ and inserting in lieu thereof ‘‘nine-year pe25 riod’’.
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1 (j) COMMISSARY AND EXCHANGE BENEFITS.—Sec2 tion 1146 of such title is amended—

3 (1) by striking out ‘‘nine-year period’’ in the

4 first sentence and inserting in lieu thereof ‘‘13-year

5 period’’; and

6 (2) by striking out ‘‘five-year period’’ in the

7 second sentence and inserting in lieu thereof ‘‘nine8 year period’’.

9 (k) USE OF MILITARY HOUSING.—Section 1147(a)

10 of such title 10 is amended—

11 (1) in paragraph (1), by striking out ‘‘nine-year

12 period’’ and inserting in lieu thereof ‘‘13-year pe13 riod’’; and

14 (2) in paragraph (2), by striking out ‘‘five-year

15 period’’ and inserting in lieu thereof ‘‘nine-year pe16 riod’’.

17 (l) CONTINUED ENROLLMENT OF DEPENDENTS IN

18 DEFENSE DEPENDENTS’ EDUCATION SYSTEM.—Section

19 1407(c)(1) of the Defense Dependents’ Education Act of

20 1978 (20 U.S.C. 926(c)(1)) is amended by striking out

21 ‘‘nine-year period’’ and inserting in lieu thereof ‘‘13-year

22 period’’.

23 (m) GUARD AND RESERVE TRANSITION INITIA24 TIVES.—Title XLIV of the National Defense Authoriza-
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1 tion Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is

2 amended—

3 (1) in section 4411, by striking out ‘‘September

4 30, 1999’’ and inserting in lieu thereof ‘‘September

5 30, 2003’’; and

6 (2) in section 4416(b)(1), by striking out ‘‘Oc7 tober 1, 1999’’ and inserting in lieu thereof ‘‘Octo8 ber 1, 2003’’.

9 (n) RETIRED PAY FOR NONREGULAR SERVICE-AGE

10 AND SERVICE REQUIREMENTS.—(1) Section 12731(f) of

11 title 10, United States Code, is amended by striking out

12 ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘Sep13 tember 30, 2003’’.

14 (2) Subsections (a)(1)(B) and (b) of section 12731a

15 of such title are amended by striking out ‘‘October 1,

16 1999’’ and inserting in lieu thereof ‘‘October 1, 2003’’.

17 (o) REDUCTION OF TIME-IN-GRADE REQUIREMENT

18 FOR RETENTION OF GRADE UPON VOLUNTARY RETIRE19 MENT.—Section 1370(d) of such title is amended by add20 ing at the end the following new paragraph:

21 ‘‘(5) The Secretary of Defense may authorize the

22 Secretary of a military department to reduce the three23 year period required by paragraph (3)(A) to a period not

24 less than two years in the case of retirements effective

25 during the period beginning on the date of the enactment
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1 of the Strom Thurmond National Defense Authorization

2 Act for Fiscal Year 1999 and ending September 30, 2003.

3 The number of the reserved commissioned officers of an

4 armed force in the same grade for whom a reduction is

5 made during any fiscal year in the period of service-in6 grade otherwise required under this paragraph may not

7 exceed the number equal to two percent of the strength

8 authorized for that fiscal year for reserve commissioned

9 officers of that armed force in an active status in that

10 grade.’’.

11 (p) AFFILIATION WITH GUARD AND RESERVE

12 UNITS; WAIVER OF CERTAIN LIMITATIONS.—Section

13 1150(a) of such title is amended by striking out ‘‘nine14 year period’’ and inserting in lieu thereof ‘‘13-year pe15 riod’’.

16 (q) TIME FOR USE OF MONTGOMERY G.I. BILL EN17 TITLEMENT.—Section 16133(b)(1)(B) of such title is

18 amended by striking out ‘‘September 30, 1999’’ and in19 serting in lieu thereof ‘‘September 30, 2003’’.

20 SEC. 523. CONTINUATION OF ELIGIBILITY FOR VOL21 UNTARY SEPARATION INCENTIVE AFTER IN22 VOLUNTARY LOSS OF MEMBERSHIP IN

23 READY OR STANDBY RESERVE.

24 (a) PERIOD OF ELIGIBILITY.—Subsection (a) of sec25 tion 1175 of title 10, United States Code, is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

2 (2) by striking out ‘‘, for the period of time the

3 member is serving in a reserve component’’; and

4 (3) by adding at the end the following:

5 ‘‘(2)(A) Except as provided in subparagraph (B), a

6 financial incentive provided a member under this section

7 shall be paid for the period equal to twice the number of

8 years of service of the member, computed as provided in

9 subsection (e)(5).

10 ‘‘(B) If, before the expiration of the period otherwise

11 applicable under subparagraph (A) to a member receiving

12 a financial incentive under this section, the member is sep13 arated from a reserve component or is transferred to the

14 Retired Reserve, the period for payment of a financial in15 centive to the member under this section shall terminate

16 on the date of the separation or transfer unless—

17 ‘‘(i) the separation or transfer is required by

18 reason of the age or number of years of service of

19 the member;

20 ‘‘(ii) the separation or transfer is required by

21 reason of the failure of selection for promotion or

22 the medical disqualification of the member, except in

23 a case in which the Secretary of Defense or the Sec24 retary of Transportation determines that the basis

25 for the separation or transfer is a result of a delib-
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1 erate action taken by the member with the intent to

2 avoid retention in the Ready Reserve or Standby Re3 serve; or

4 ‘‘(iii) in the case of a separation, the member

5 is separated from the reserve component for appoint6 ment or enlistment in or transfer to another reserve

7 component of an armed force for service in the

8 Ready Reserve or Standby Reserve of that armed

9 force.’’.

10 (b) REPEAL OF SUPERSEDED PROVISION.—Sub11 section (e)(1) of such section is amended by striking out

12 the second sentence.

13 SEC. 524. REPEAL OF LIMITATIONS ON AUTHORITY TO SET

14 RATES AND WAIVE REQUIREMENT FOR REIM15 BURSEMENT OF EXPENSES INCURRED FOR

16 INSTRUCTION AT SERVICE ACADEMIES OF

17 PERSONS FROM FOREIGN COUNTRIES.

18 (a) UNITED STATES MILITARY ACADEMY.—Section

19 4344(b) of title 10, United States Code, is amended—

20 (1) in the second sentence of paragraph (2), by

21 striking out ‘‘, except that the reimbursement rates

22 may not be less than the cost to the United States

23 of providing such instruction, including pay, allow24 ances, and emoluments, to a cadet appointed from

25 the United States’’; and
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1 (2) by striking out paragraph (3).

2 (b) NAVAL ACADEMY.—Section 6957(b) of such title

3 is amended—

4 (1) in the second sentence of paragraph (2), by

5 striking out ‘‘, except that the reimbursement rates

6 may not be less than the cost to the United States

7 of providing such instruction, including pay, allow8 ances, and emoluments, to a midshipman appointed

9 from the United States’’; and

10 (2) by striking out paragraph (3).

11 (c) AIR FORCE ACADEMY.—Section 9344(b) of such

12 title is amended—

13 (1) in the second sentence of paragraph (2), by

14 striking out ‘‘, except that the reimbursement rates

15 may not be less than the cost to the United States

16 of providing such instruction, including pay, allow17 ances, and emoluments, to a cadet appointed from

18 the United States’’; and

19 (2) by striking out paragraph (3).

20 SEC. 525. REPEAL OF RESTRICTION ON CIVILIAN EMPLOY21 MENT OF ENLISTED MEMBERS.

22 (a) REPEAL.—Section 974 of title 10, United States

23 Code, is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 49 of such title is amended

3 by striking out the item relating to section 974.

4 SEC. 526. EXTENSION OF REPORTING DATES FOR COMMIS5 SION ON MILITARY TRAINING AND GENDER6 RELATED ISSUES.

7 (a) INTERIM REPORT.—Subsection (e)(1) of section

8 562 of the National Defense Authorization Act for Fiscal

9 Year 1998 (Public Law 105–85; 111 Stat. 1754; 10

10 U.S.C. 113 note) is amended by striking out ‘‘April 15,

11 1998’’ and inserting in lieu thereof ‘‘October 15, 1998’’.

12 (b) FINAL REPORT.—Subsection (e)(2) of such sec13 tion is amended by striking out ‘‘September 16, 1998’’

14 and inserting in lieu thereof ‘‘March 15, 1999’’.

15 SEC. 527. MORATORIUM ON CHANGES OF GENDER-RELAT16 ED POLICIES AND PRACTICES PENDING COM17 PLETION OF THE WORK OF THE COMMISSION

18 ON MILITARY TRAINING AND GENDER-RELAT19 ED ISSUES.

20 Notwithstanding any other provision of law, officials

21 of the Department of Defense are prohibited from imple22 menting any change of policy or official practice in the

23 department regarding separation or integration of mem24 bers of the Armed Forces on the basis of gender that is

25 within the responsibility of the Commission on Military
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1 Training and Gender-Related Issues to review under sub2 title F of title V of the National Defense Authorization

3 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

4 1750), before the date on which the commission termi5 nates under section 564 of such Act.

6 SEC. 528. TRANSITIONAL COMPENSATION FOR ABUSED

7 DEPENDENT CHILDREN NOT RESIDING WITH

8 THE SPOUSE OR FORMER SPOUSE OF A MEM9 BER CONVICTED OF DEPENDENT ABUSE.

10 (a) ENTITLEMENT NOT CONDITIONED ON FORFEIT11 URE OF SPOUSAL COMPENSATION.—Subsection (d) of sec12 tion 1059 of title 10, United States Code, is amended—

13 (1) by striking out paragraph (1) and inserting

14 in lieu thereof the following:

15 ‘‘(1) If the individual was married at the time

16 of the commission of the dependent-abuse offense re17 sulting in the separation, the spouse or former

18 spouse to whom the individual was married at that

19 time shall be paid such compensation, including an

20 amount (determined under subsection (f)(2)) for

21 each, if any, dependent child of the individual de22 scribed in subsection (b) who resides in the same

23 household as that spouse or former spouse.’’;

24 (2) in paragraph (2)—
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1 (A) by striking out ‘‘(but for subsection

2 (g)) would be eligible’’ and inserting in lieu

3 thereof ‘‘is or, but for subsection (g), would be

4 eligible’’; and

5 (B) by striking out ‘‘such compensation’’

6 and inserting in lieu thereof ‘‘compensation

7 under this section’’; and

8 (3) in paragraph (4), by striking out ‘‘For pur9 poses of paragraphs (2) and (3)’’ and inserting in

10 lieu thereof ‘‘For purposes of this subsection’’.

11 (b) AMOUNT OF PAYMENT.—Subsection (f)(2) of

12 such section is amended by striking out ‘‘has custody of

13 a dependent child or children of the member’’ and insert14 ing in lieu thereof ‘‘has custody of a dependent child of

15 the member who resides in the same household as that

16 spouse or former spouse’’.

17 (c) PROSPECTIVE APPLICABILITY.—No benefits shall

18 accrue by reason of the amendments made by this section

19 for any month that begins before the date of the enact20 ment of this Act.
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1 SEC. 529. PILOT PROGRAM FOR TREATING GED AND HOME

2 SCHOOL DIPLOMA RECIPIENTS AS HIGH

3 SCHOOL GRADUATES FOR DETERMINATIONS

4 OF ELIGIBILITY FOR ENLISTING IN THE

5 ARMED FORCES.

6 (a) PROGRAM REQUIRED.—The Secretary of Defense

7 shall establish a pilot program to assess whether the

8 Armed Forces could better meet recruiting requirements

9 by treating GED recipients and home school diploma re10 cipients as having graduated from high school with a high

11 school diploma for the purpose of determining the eligi12 bility of those persons to enlist in the Armed Forces. The

13 Secretary of each military department shall administer the

14 pilot program for the armed force or armed forces under

15 the jurisdiction of the Secretary.

16 (b) ELIGIBLE RECIPIENTS.—(1) Under the pilot pro17 gram, a person shall be treated as having graduated from

18 high school with a high school diploma for the purpose

19 described in subsection (a) if the person—

20 (A) has completed a general education develop21 ment program while participating in the National

22 Guard Challenge Program and is a GED recipient;

23 or

24 (B) is a home school diploma recipient and pro25 vides a transcript demonstrating completion of high
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1 school to the military department involved under the

2 pilot program.

3 (2) For the purposes of this section, a person is a

4 GED recipient if the person, after completing a general

5 education development program, has obtained certification

6 of high school equivalency by meeting State requirements

7 and passing a State approved exam that is administered

8 for the purpose of providing an appraisal of the person’s

9 achievement or performance in the broad subject matter

10 areas usually required for high school graduates.

11 (3) For the purposes of this section, a person is a

12 home school diploma recipient if the person has received

13 a diploma for completing a program of education through

14 the high school level at a home school, without regard to

15 whether the home school is treated as a private school

16 under the law of the State in which located.

17 (c) ANNUAL LIMIT ON NUMBER.—Not more than

18 1,250 GED recipients, and not more than 1,250 home

19 school diploma recipients, enlisted by an armed force in

20 any fiscal year may be treated under the pilot program

21 as having graduated from high school with a high school

22 diploma.

23 (d) PERIOD FOR PILOT PROGRAM.—The pilot pro24 gram shall be in effect for five fiscal years beginning on

25 October 1, 1998.
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1 (e) REPORT.—(1) Not later than February 1, 2004,

2 the Secretary of Defense shall submit a report on the pilot

3 program to the Committee on Armed Services of the Sen4 ate and the Committee on National Security of the House

5 of Representatives.

6 (2)(A) The report shall include the assessment of the

7 Secretary of Defense, and any assessment of any of the

8 Secretaries of the military departments, regarding the

9 value of, and any necessity for, authority to treat GED

10 recipients and home school diploma recipients as having

11 graduated from high school with a high school diploma

12 for the purpose of determining the eligibility of those per13 sons to enlist in the Armed Forces.

14 (B) The Secretary shall also set forth in the report,

15 by armed force for each fiscal year of the pilot program,

16 a comparison of the performance of the persons who en17 listed in that armed force during the fiscal year as GED

18 or home school diploma recipients treated under the pilot

19 program as having graduated from high school with a high

20 school diploma with the performance of the persons who

21 enlisted in that armed force during the same fiscal year

22 after having graduated from high school with a high school

23 diploma, with respect to the following:

24 (i) Attrition.

25 (ii) Discipline.
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1 (iii) Adaptability to military life.

2 (iv) Aptitude for mastering the skills necessary

3 for technical specialties.

4 (v) Reenlistment rates.

5 (f) REFERENCE TO NATIONAL GUARD CHALLENGE

6 PROGRAM.—The National Guard Challenge Program re7 ferred to in this section is a program conducted under sec8 tion 509 of title 32, United States Code.

9 (g) STATE DEFINED.—In this section, the term

10 ‘‘State’’ has the meaning given that term in section

11 509(l)(1) of title 32, United States Code.

12 SEC. 530. WAIVER OF TIME LIMITATIONS FOR AWARD OF

13 CERTAIN DECORATIONS TO CERTAIN PER14 SONS.

15 (a) WAIVER.—Any limitation established by law or

16 policy for the time within which a recommendation for the

17 award of a military decoration or award must be submit18 ted shall not apply to awards of decorations described in

19 this section, the award of each such decoration having

20 been determined by the Secretary of the military depart21 ment concerned to be warranted in accordance with sec22 tion 1130 of title 10, United States Code.

23 (b) DISTINGUISHED-SERVICE CROSS.—Subsection

24 (a) applies to award of the Distinguished-Service Cross

25 of the Army as follows:
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1 (1) To Isaac Camacho of El Paso, Texas, for

2 extraordinary heroism in actions at Camp Hiep Hoa

3 in Vietnam on November 24, 1963, while serving as

4 a member of the Army.

5 (2) To Bruce P. Crandall of Mesa, Arizona, for

6 extraordinary heroism in actions at Landing Zone

7 X-Ray in Vietnam on November 14, 1965, while

8 serving as a member of the Army.

9 (3) To Leland B. Fair of Jessieville, Arkansas,

10 for extraordinary heroism in actions in the Phil11 ippine Islands on July 4, 1945, while serving as a

12 member of the Army.

13 (c) DISTINGUISHED-SERVICE MEDAL.—Subsection

14 (a) applies to award of the Distinguished-Service Medal

15 of the Army to Richard P. Sakakida of Fremont, Califor16 nia, for exceptionally meritorious service while a prisoner

17 of war in the Philippine Islands from May 7, 1942, to

18 September 14, 1945, while serving as a member of the

19 Army.

20 (d) DISTINGUISHED FLYING CROSS.—Subsection (a)

21 applies to award of the Distinguished Flying Cross for

22 service during World War II or Korea (including multiple

23 awards to the same individual) in the case of each individ24 ual (not covered by section 573(d) of the National Defense

25 Authorization Act for Fiscal Year 1998 (Public Law 105–
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1 85; 111 Stat. 1757)) concerning whom the Secretary of

2 the Navy (or an officer of the Navy acting on behalf of

3 the Secretary) submitted to the Committee on National

4 Security of the House of Representatives and the Commit5 tee on Armed Services of the Senate, before the date of

6 the enactment of this Act, a notice as provided in section

7 1130(b) of title 10, United States Code, that the award

8 of the Distinguished Flying Cross to that individual is

9 warranted and that a waiver of time restrictions pre10 scribed by law for recommendation for such award is rec11 ommended.

12 SEC. 531. PROHIBITION ON ENTRY INTO CORRECTIONAL

13 FACILITIES FOR PRESENTATION OF DECORA14 TIONS TO PERSONS WHO COMMIT CERTAIN

15 CRIMES BEFORE PRESENTATION.

16 (a) PROHIBITION.—Chapter 57 of title 10, United

17 States Code, is amended by adding at the end the follow18 ing:

19 ‘‘§ 1132. Presentation of decorations: prohibition on

20 entering into correctional facilities for

21 certain presentations

22 ‘‘(a) PROHIBITION.—No member of the armed forces

23 may enter into a Federal, State, or local correctional facil24 ity for purposes of presenting a decoration to a person

25 who has been convicted of a serious violent felony.
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1 ‘‘(b) DEFINITIONS.—In this section:

2 ‘‘(1) The term ‘decoration’ means any decora3 tion or award that may be presented or awarded to

4 a member of the armed forces.

5 ‘‘(2) The term ‘serious violent felony’ has the

6 meaning given that term in section 3359(c)(2)(F) of

7 title 18.’’.

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

9 at the beginning of that chapter is amended by adding

10 at the end the following:

‘‘1132. Presentation of decorations: prohibition on entering into correctional facilities for certain presentations.’’.

11 SEC. 532. ADVANCEMENT OF BENJAMIN O. DAVIS, JUNIOR,

12 TO GRADE OF GENERAL.

13 (a) AUTHORITY.—The President is authorized to ad14 vance Benjamin O. Davis, Junior, to the grade of general

15 on the retired list of the Air Force.

16 (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—An

17 advancement of Benjamin O. Davis, Junior, to the grade

18 of general on the retired list of the Air Force under sub19 section (a) shall not increase or change the compensation

20 or benefits from the United States to which any person

21 is now or may in the future be entitled based upon the

22 military service of the said Benjamin O. Davis, Junior.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999.

5 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

6 adjustment required by section 1009 of title 37, United

7 States Code, in the rates of monthly basic pay authorized

8 members of the uniformed services by section 203(a) of

9 such title to become effective during fiscal year 1999 shall

10 not be made.

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

12 1, 1999, the rates of basic pay of members of the uni13 formed services are increased by 3.6 percent.

14 (c) OFFSETTING REDUCTIONS IN AUTHORIZATIONS

15 OF APPROPRIATIONS.—(1) Notwithstanding any other

16 provision of title I, the total amount authorized to be ap17 propriated under title II is hereby reduced by

18 $150,000,000.

19 (2) Notwithstanding any other provision of title II,

20 the total amount authorized to be appropriated under title

21 II is hereby reduced by $275,000,000.
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1 SEC. 602. RATE OF PAY FOR CADETS AND MIDSHIPMEN AT

2 THE SERVICE ACADEMIES.

3 (a) INCREASED RATE.—Section 203(c) of title 37,

4 United States Code, is amended by striking out ‘‘$558.04’’

5 and inserting in lieu thereof ‘‘$600.00’’.

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

7 subsection (a) shall take effect on January 1, 1999.

8 SEC. 603. PAYMENTS FOR MOVEMENTS OF HOUSEHOLD

9 GOODS ARRANGED BY MEMBERS.

10 (a) MONETARY ALLOWANCE AUTHORIZED.—Sub11 section (b)(1) of section 406 of title 37, United States

12 Code, is amended—

13 (1) in subparagraph (A)—

14 (A) by striking out ‘‘, or reimbursement

15 therefor,’’; and

16 (B) by inserting after the second sentence

17 the following: ‘‘Alternatively, a member may be

18 paid reimbursement or a monetary allowance

19 under subparagraph (F).’’; and

20 (2) by adding at the end the following:

21 ‘‘(F) A member entitled to transportation of baggage

22 and household effects under subparagraph (A) may, as an

23 alternative to the provision of transportation, be paid re24 imbursement or, at the member’s request, a monetary al25 lowance in advance for the cost of transportation of the

26 baggage and household effects. The monetary allowance
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1 may be paid only if the amount of the allowance does not

2 exceed the cost that would be incurred by the Government

3 under subparagraph (A) for the transportation of the bag4 gage and household effects. Appropriations available to

5 the Department of Defense, the Department of Transpor6 tation, and the Department of Health and Human Serv7 ices for providing transportation of baggage or household

8 effects of members of the uniformed services shall be avail9 able to pay a reimbursement or monetary allowance under

10 this subparagraph. The Secretary concerned may pre11 scribe the manner in which the risk of liability for damage,

12 destruction, or loss of baggage or household effects ar13 ranged, packed, crated, or loaded by a member is allocated

14 among the member, the United States, and any contractor

15 when a reimbursement or monetary allowance is elected

16 under this subparagraph.’’.

17 (b) REPEAL OF SUPERSEDED PROVISION.—Such sec18 tion is further amended by striking out subsection (j).

19 SEC. 604. LEAVE WITHOUT PAY FOR SUSPENDED ACADEMY

20 CADETS AND MIDSHIPMEN.

21 (a) AUTHORITY.—Section 702 of title 10, United

22 States Code, is amended—

23 (1) by designating the second sentence of sub24 section (b) as subsection (d);
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1 (2) by redesignating subsection (b) as sub2 section (c); and

3 (3) by inserting after subsection (a) the follow4 ing new subsection (b):

5 ‘‘(b) LEAVE WITHOUT PAY.—(1) Under regulations

6 prescribed under subsection (d), the Superintendent of the

7 United States Military Academy, the United States Naval

8 Academy, the United States Air Force Academy, or the

9 United States Coast Guard Academy may order a cadet

10 or midshipman of the Academy to be placed on leave invol11 untarily for any period during which the cadet or mid12 shipman is suspended from duty at the Academy—

13 ‘‘(A) pending separation from the Academy;

14 ‘‘(B) pending return to the Academy to repeat

15 an academic semester or year; or

16 ‘‘(C) for other good cause.

17 ‘‘(2) A cadet or midshipman placed on involuntary

18 leave under paragraph (1) is not entitled to any pay under

19 section 230(c) of title 37 for the period of the leave.

20 ‘‘(3) A return of a cadet or midshipman to a pay sta21 tus at the Academy from an involuntary leave status under

22 paragraph (1) does not restore any entitlement of the

23 cadet or midshipman to pay for the period of the involun24 tary leave.’’.
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1 (b) SUBSECTION HEADINGS.—Such section, as

2 amended by subsection (a), is further amended—

3 (1) in subsection (a), by inserting ‘‘GRADUA4 TION LEAVE.—’’ after ‘‘(a)’’;

5 (2) in subsection (c), by inserting ‘‘INAPPLICA6 BLE LEAVE PROVISIONS.—’’ after ‘‘(c)’’; and

7 (3) in subsection (d), by inserting ‘‘REGULA8 TIONS.—’’ after ‘‘(d)’’.

9 Subtitle B—Bonuses and Special

10 and Incentive Pays

11 SEC. 611. THREE-MONTH EXTENSION OF CERTAIN BO12 NUSES AND SPECIAL PAY AUTHORITIES FOR

13 RESERVE FORCES.

14 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

15 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

16 302g(f) of title 37, United States Code, is amended by

17 striking out ‘‘September 30, 1999’’ and inserting in lieu

18 thereof ‘‘December 31, 1999’’.

19 (b) SELECTED RESERVE REENLISTMENT BONUS.—

20 Section 308b(f) of title 37, United States Code, is amend21 ed by striking out ‘‘September 30, 1999’’ and inserting

22 in lieu thereof ‘‘December 31, 1999’’.

23 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec24 tion 308c(e) of title 37, United States Code, is amended
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1 by striking out ‘‘September 30, 1999’’ and inserting in

2 lieu thereof ‘‘December 31, 1999’’.

3 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS4 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

5 308d(c) of title 37, United States Code, is amended by

6 striking out ‘‘September 30, 1999’’ and inserting in lieu

7 thereof ‘‘December 31, 1999’’.

8 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec9 tion 308e(e) of title 37, United States Code, is amended

10 by striking out ‘‘September 30, 1999’’ and inserting in

11 lieu thereof ‘‘December 31, 1999’’.

12 (f) READY RESERVE ENLISTMENT AND REENLIST13 MENT BONUS.—Section 308h(g) of title 37, United States

14 Code, is amended by striking out ‘‘September 30, 1999’’

15 and inserting in lieu thereof ‘‘December 31, 1999’’.

16 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

17 308i(f) of title 37, United States Code, as redesignated

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

19 30, 1999’’ and inserting in lieu thereof ‘‘December 31,

20 1999’’.

21 (h) REPAYMENT OF EDUCATION LOANS FOR CER22 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE23 LECTED RESERVE.—Section 16302(d) of title 10, United

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

25 1999’’ and inserting in lieu thereof ‘‘January 1, 2000’’.
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1 SEC. 612. THREE-MONTH EXTENSION OF CERTAIN BO2 NUSES AND SPECIAL PAY AUTHORITIES FOR

3 NURSE OFFICER CANDIDATES, REGISTERED

4 NURSES, AND NURSE ANESTHETISTS.

5 (a) NURSE OFFICER CANDIDATE ACCESSION PRO6 GRAM.—Section 2130a(a)(1) of title 10, United States

7 Code, is amended by striking out ‘‘September 30, 1999’’

8 and inserting in lieu thereof ‘‘December 31, 1999’’.

9 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

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

11 amended by striking out ‘‘September 30, 1999’’ and in12 serting in lieu thereof ‘‘December 31, 1999’’.

13 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES14 THETISTS.—Section 302e(a)(1) of title 37, United States

15 Code, is amended by striking out ‘‘September 30, 1999’’

16 and inserting in lieu thereof ‘‘December 31, 1999’’.

17 SEC. 613. THREE-MONTH EXTENSION OF AUTHORITIES RE18 LATING TO PAYMENT OF OTHER BONUSES

19 AND SPECIAL PAYS.

20 (a) AVIATION OFFICER RETENTION BONUS.—Sec21 tion 301b(a) of title 37, United States Code, is amended

22 by striking out ‘‘September 30, 1999,’’ and inserting in

23 lieu thereof ‘‘December 31, 1999,’’.

24 (b) REENLISTMENT BONUS FOR ACTIVE MEM25 BERS.—Section 308(g) of title 37, United States Code, is
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1 amended by striking out ‘‘September 30, 1999’’ and in2 serting in lieu thereof ‘‘December 31, 1999’’.

3 (c) ENLISTMENT BONUSES FOR MEMBERS WITH

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

5 37, United States Code, are each amended by striking out

6 ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘De7 cember 31, 1999’’.

8 (d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI9 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

10 312(e) of title 37, United States Code, is amended by

11 striking out ‘‘September 30, 1999’’ and inserting in lieu

12 thereof ‘‘December 31, 1999’’.

13 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

14 312b(c) of title 37, United States Code, is amended by

15 striking out ‘‘September 30, 1999’’ and inserting in lieu

16 thereof ‘‘December 31, 1999’’.

17 (f) NUCLEAR CAREER ANNUAL INCENTIVE

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

19 is amended by striking out ‘‘October 1, 1999’’ and insert20 ing in lieu thereof ‘‘October 1, 1998, and the 15-month

21 period beginning on that date and ending on December

22 31, 1999’’.
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1 SEC. 614. ELIGIBILITY OF RESERVES FOR SELECTIVE RE2 ENLISTMENT BONUS WHEN REENLISTING OR

3 EXTENDING TO PERFORM ACTIVE GUARD

4 AND RESERVE DUTY.

5 Section 308(a)(1)(D) of title 37, United States Code,

6 is amended by inserting after ‘‘a regular component of the

7 service concerned’’ the following: ‘‘, or in a reserve compo8 nent of the service concerned in the case of a member re9 enlisting or extending to perform active Guard and Re10 serve duty (as defined in section 101(d)(6) of title 10),’’.

11 SEC. 615. REPEAL OF TEN-PERCENT LIMITATION ON PAY12 MENTS OF SELECTIVE REENLISTMENT BO13 NUSES IN EXCESS OF $20,000.

14 Section 308(b) of title 37, United States Code, is

15 amended—

16 (1) by striking out paragraph (2); and

17 (2) in paragraph (1), by striking out ‘‘(1)’’.

18 SEC. 616. INCREASE OF MAXIMUM AMOUNT AUTHORIZED

19 FOR ARMY ENLISTMENT BONUS.

20 Section 308f(a) of title 37, United States Code, is

21 amended by striking out ‘‘$4,000’’ and inserting in lieu

22 thereof ‘‘$6,000’’.
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1 SEC. 617. EDUCATION LOAN REPAYMENT PROGRAM FOR

2 HEALTH PROFESSIONS OFFICERS SERVING

3 IN SELECTED RESERVE.

4 (a) ELIGIBLE PERSONS.—Subsection (b)(2) of sec5 tion 16302 of title 10, United States Code, is amended

6 by inserting ‘‘, or is enrolled in a program of education

7 leading to professional qualifications,’’ after ‘‘possesses

8 professional qualifications’’.

9 (b) INCREASED BENEFITS.—Subsection (c) of such

10 section is amended—

11 (1) in paragraph (2), by striking out ‘‘$3,000’’

12 and inserting in lieu thereof ‘‘$20,000’’; and

13 (2) in paragraph (3), by striking out ‘‘$20,000’’

14 and inserting in lieu thereof ‘‘$50,000’’.

15 SEC. 618. INCREASE IN AMOUNT OF BASIC EDUCATIONAL

16 ASSISTANCE UNDER ALL-VOLUNTEER FORCE

17 PROGRAM FOR PERSONNEL WITH CRITI18 CALLY SHORT SKILLS OR SPECIALTIES.

19 Section 3015(d) of title 38, United States Code, is

20 amended by striking out ‘‘$700’’ and inserting in lieu

21 thereof ‘‘$950’’.
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1 SEC. 619. RELATIONSHIP OF ENTITLEMENTS TO ENLIST2 MENT BONUSES AND BENEFITS UNDER THE

3 ALL-VOLUNTEER FORCE EDUCATIONAL AS4 SISTANCE PROGRAM.

5 (a) ENTITLEMENTS NOT EXCLUSIVE.—(1) Sub6 chapter II of chapter 30 of title 38, United States Code,

7 is amended by adding at the end the following:

8 ‘‘§ 3019A. Relationship to entitlement to certain en9 listment bonuses

10 ‘‘The entitlement of an individual to benefits under

11 this chapter is not affected by receipt by that individual

12 of an enlistment bonus under section 308a or 308f of title

13 37.’’.

14 (2) The table of sections at the beginning of such

15 chapter is amended by inserting after the item relating

16 to section 3019 the following:

‘‘3019A. Relationship to entitlement to certain enlistment bonuses.’’.

17 (b) REPEAL OF RELATED LIMITATION.—Section

18 8013(a) of Public Law 105–56 (111 Stat. 1222) is

19 amended—

20 (1) by striking out ‘‘of this Act—’’ and all that

21 follows through ‘‘nor shall any amounts’’ and insert22 ing in lieu thereof ‘‘of this Act enlists in the armed

23 services for a period of active duty of less that three

24 years, nor shall any amounts’’; and
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1 (2) in the first proviso, by striking out ‘‘in the

2 case of a member covered by clause (1),’’.

3 SEC. 620. HARDSHIP DUTY PAY.

4 (a) DUTY FOR WHICH PAY AUTHORIZED.—Sub5 section (a) of section 305 of title 37, United States Code,

6 is amended by striking out ‘‘on duty at a location’’ and

7 all that follows and inserting in lieu thereof ‘‘performing

8 duty in the United States or outside the United States

9 that is designated by the Secretary of Defense as hardship

10 duty.’’.

11 (b) REPEAL OF EXCEPTION FOR MEMBERS RECEIV12 ING CAREER SEA PAY.—Subsection (c) of such section is

13 repealed.

14 (c) CONFORMING AMENDMENTS.—(1) Subsections

15 (b) and (d) of such section are amended by striking out

16 ‘‘hardship duty location pay’’ and inserting in lieu thereof

17 ‘‘hardship duty pay’’.

18 (2) Subsection (d) of such section is redesignated as

19 subsection (c).

20 (3) The heading for such section is amended by strik21 ing out ‘‘location’’.

22 (4) Section 907(d) of title 37, United States Code,

23 is amended by striking out ‘‘duty at a hardship duty loca24 tion’’ and inserting in lieu thereof ‘‘hardship duty’’.
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1 (d) CLERICAL AMENDMENT.—The item relating to

2 section 305 in the table of sections at the beginning of

3 chapter 5 of such title is amended to read as follows:

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

4 SEC. 620A. INCREASED HAZARDOUS DUTY PAY FOR AERIAL

5 FLIGHT CREWMEMBERS IN PAY GRADES

6 E–4 TO E–9.

7 (a) RATES.—The table in section 301(b) of title 37,

8 United States Code, is amended by striking out the items

9 relating to pay grades E–4, E–5, E–6, E–7, E–8, and E–

10 9, and inserting in lieu thereof the following:

‘‘E–9............................................................................................................ 240

E–8............................................................................................................ 240

E–7............................................................................................................ 240

E–6............................................................................................................ 215

E–5............................................................................................................ 190

E–4............................................................................................................ 165’’.

11 (b) EFFECTIVE DATE.—This section and the amend12 ment made by this section shall take effect on October

13 1, 1998, and shall apply with respect to months beginning

14 on or after that date.

15 SEC. 620B. DIVING DUTY SPECIAL PAY FOR DIVERS HAVING

16 DIVING DUTY AS A NONPRIMARY DUTY.

17 (a) ELIGIBILITY FOR MAINTAINING PROFICIENCY.—

18 Section 304(a)(3) of title 37, United States Code, is

19 amended to read as follows:

20 ‘‘(3) either—
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1 ‘‘(A) actually performs diving duty while

2 serving in an assignment for which diving is a

3 primary duty; or

4 ‘‘(B) meets the requirements to maintain

5 proficiency as described in paragraph (2) while

6 serving in an assignment that includes diving

7 duty other than as a primary duty.’’.

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

9 subsection (a) shall take effect on October 1, 1998, and

10 shall apply with respect to months beginning on or after

11 that date.

12 SEC. 620C. RETENTION INCENTIVES INITIATIVE FOR CRITI13 CALLY SHORT MILITARY OCCUPATIONAL

14 SPECIALTIES.

15 (a) REQUIREMENT FOR NEW INCENTIVES.—The

16 Secretary of Defense shall establish and provide for mem17 bers of the Armed Forces qualified in critically short mili18 tary occupational specialties a series of new incentives that

19 the Secretary considers potentially effective for increasing

20 the rates at which those members are retained in the

21 Armed Forces for service in such specialties.

22 (b) CRITICALLY SHORT MILITARY OCCUPATIONAL

23 SPECIALTIES.—For the purposes of this section, a mili24 tary occupational specialty is a critically short military oc25 cupational specialty for an armed force if the number of
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1 members retained in that armed force in fiscal year 1998

2 for service in that specialty is less than 50 percent of the

3 number of members of that armed force that were pro4 jected to be retained in that armed force for service in

5 the specialty by the Secretary of the military department

6 concerned as of October 1, 1997.

7 (c) INCENTIVES.—It is the sense of Congress that,

8 among the new incentives established and provided under

9 this section, the Secretary of Defense should include the

10 following incentives:

11 (1) Family support and leave allowances.

12 (2) Increased special reenlistment or retention

13 bonuses.

14 (3) Repayment of educational loans.

15 (4) Priority of selection for assignment to pre16 ferred permanent duty station or for extension at

17 permanent duty station.

18 (5) Modified leave policies.

19 (6) Special consideration for Government hous20 ing or additional housing allowances.

21 (d) RELATIONSHIP TO OTHER INCENTIVES.—Incen22 tives provided under this section are in addition to any

23 special pay or other benefit that is authorized under any

24 other provision of law.
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1 (e) REPORTS.—(1) Not later than December 1, 1998,

2 the Secretary of Defense shall submit to the congressional

3 defense committees a report that identifies, for each of

4 the Armed Forces, the critically short military occupa5 tional specialties to which incentives under this section are

6 to apply.

7 (2) Not later than April 15, 1999, the Secretary of

8 Defense shall submit to the congressional defense commit9 tees a report that specifies, for each of the Armed Forces,

10 the incentives that are to be provided under this section.

11 Subtitle C—Travel and

12 Transportation Allowances

13 SEC. 621. TRAVEL AND TRANSPORTATION FOR REST AND

14 RECUPERATION IN CONNECTION WITH CON15 TINGENCY OPERATIONS AND OTHER DUTY.

16 Section 411c of title 37, United States Code, is

17 amended—

18 (1) in subsection (a)—

19 (A) by redesignating paragraphs (1) and

20 (2) as subparagraphs (A) and (B); and

21 (B) by inserting ‘‘IN GENERAL.—(1)’’

22 after ‘‘(a)’’;

23 (2) in subsection (b), by striking out ‘‘(b) The

24 transportation authorized by this section’’ and in-
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1 serting in lieu thereof ‘‘(2) The transportation au2 thorized by paragraph (1)’’; and

3 (3) by adding at the end the following:

4 ‘‘(b) CONTINGENCY OPERATIONS AND OTHER SPE5 CIAL SITUATIONS.—(1) Under uniform regulations pre6 scribed by the Secretaries concerned, a member of the

7 armed forces serving a tour of duty at a duty station, and

8 under conditions, described in paragraph (2) may be paid

9 for or provided transportation to a location described in

10 subsection (a)(1) as part of a program of rest and recuper11 ation specifically authorized for members of the armed

12 forces serving under those conditions at that duty station

13 by the Secretary concerned in advance of the commence14 ment of the member’s travel.

15 ‘‘(2) Paragraph (1) applies to a member of the armed

16 forces serving at a duty station outside the United States

17 if—

18 ‘‘(A) the member is participating in a contin19 gency operation at or from that duty station; or

20 ‘‘(B) the payment for or provision of transpor21 tation would be in the best interests of members of

22 the armed forces and the United States because of

23 unusual conditions at the duty station, as deter24 mined by the Secretary concerned.
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1 ‘‘(3) Transportation may not be paid for or provided

2 to a member under this subsection for travel that begins—

3 ‘‘(A) more than 24 months after the commence4 ment of the tour of duty for which the transpor5 tation is authorized; or

6 ‘‘(B) after the tour of duty ends.

7 ‘‘(4) The transportation authorized by this subsection

8 is limited to one round-trip during any tour of at least

9 6, but less than 24, consecutive months.

10 ‘‘(5) Transportation paid for or provided to a member

11 under this subsection may not be counted as transpor12 tation for which the member is eligible under subsection

13 (a).’’.

14 SEC. 622. PAYMENT FOR TEMPORARY STORAGE OF BAG15 GAGE OF DEPENDENT STUDENT NOT TAKEN

16 ON ANNUAL TRIP TO OVERSEAS DUTY STA17 TION OF SPONSOR.

18 Section 430(b) of title 37, United States Code, is

19 amended by striking out the second sentence and inserting

20 in lieu thereof the following: ‘‘The allowance authorized

21 by this section may be prescribed by the Secretaries con22 cerned as transportation in kind or reimbursement there23 for, including an amount for the temporary storage of any

24 baggage not taken with the child on the annual trip if de25 termined advantageous to the Government.’’.
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1 SEC. 623. COMMERCIAL TRAVEL OF RESERVES AT FED2 ERAL SUPPLY SCHEDULE RATES FOR AT3 TENDANCE AT INACTIVE DUTY TRAINING AS4 SEMBLIES.

5 (a) AUTHORITY.—Chapter 1217 of title 10, United

6 States Code is amended by adding at the end the follow7 ing:

8 ‘‘§ 12603. Commercial travel at Federal supply sched9 ule rates for attendance at inactive duty

10 training assemblies

11 ‘‘(a) FEDERAL SUPPLY SCHEDULE TRAVEL.—Com12 mercial travel under Federal supply schedules is author13 ized for the travel of a Reserve to the location of inactive

14 duty training to be performed by the Reserve or from that

15 location upon completion of the training.

16 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

17 prescribe in regulations the requirements, conditions, and

18 restrictions for travel under the authority of subsection (a)

19 that the Secretary considers appropriate. The regulations

20 shall include policies and procedures for preventing abuses

21 of the travel authority.

22 ‘‘(c) REIMBURSEMENT NOT AUTHORIZED.—A Re23 serve is not entitled to Government reimbursement for the

24 cost of travel authorized under subsection (a).

25 ‘‘(d) TREATMENT OF TRANSPORTATION AS USE BY

26 MILITARY DEPARTMENTS.—For the purposes of section
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1 201(a) of the Federal Property and Administrative Serv2 ices Act of 1949 (40 U.S.C. 481(a)), travel authorized

3 under subsection (a) shall be treated as transportation for

4 the use of a military department.’’.

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

6 at the beginning of such chapter is amended by adding

7 at the end the following:

‘‘12603. Commercial travel at Federal supply schedule rates for attendance at

inactive duty training assemblies.’’.

8 Subtitle D—Retired Pay, Survivor

9 Benefits, and Related Matters

10 SEC. 631. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT

11 PLAN.

12 (a) PAID UP AT 30 YEARS OF SERVICE AND AGE

13 70.—Section 1452 of title 10, United States Code, is

14 amended by adding at the end the following new sub15 section:

16 ‘‘(j) COVERAGE PAID UP AT 30 YEARS AND ATTAIN17 MENT OF AGE 70.—(1) Coverage of a survivor of a mem18 ber under the Plan shall be considered paid up as of the

19 end of the later of—

20 ‘‘(A) the 360th month in which the member’s

21 retired pay has been reduced under this section; or

22 ‘‘(B) the month in which the member attains

23 70 years of age.
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1 ‘‘(2) The retired pay of a member shall not be re2 duced under this section to provide coverage of a survivor

3 under the Plan after the month when the coverage is con4 sidered paid up under paragraph (1).’’.

5 (b) EFFECTIVE DATE.—Section 1452(j) of title 10,

6 United States Code (as added by subsection (a)), shall

7 take effect on October 1, 2003.

8 SEC. 632. COURT-REQUIRED SURVIVOR BENEFIT PLAN

9 COVERAGE EFFECTUATED THROUGH ELEC10 TIONS AND DEEMED ELECTIONS.

11 (a) ELIMINATION OF DISPARITY IN EFFECTIVE

12 DATE PROVISIONS.—Section 1448(b)(3) of title 10,

13 United States Code, is amended—

14 (1) in subparagraph (C)—

15 (A) by striking out the second sentence;

16 and

17 (B) by striking out ‘‘EFFECTIVE DATE,’’ in

18 the heading; and

19 (2) by adding at the end the following:

20 ‘‘(E) EFFECTIVE DATE.—An election

21 under this paragraph—

22 ‘‘(i) in the case of a person required

23 (as described in section 1450(f)(3)(B) of

24 this title) to make the election, is effective

25 as of the first day of the first month which
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1 begins after the date of the court order or

2 filing that requires the election; and

3 ‘‘(ii) in all other cases, is effective as

4 of the first day of the first calendar month

5 following the month in which the election

6 is received by the Secretary concerned.’’.

7 (b) CONFORMITY BY CROSS REFERENCE.—Section

8 1450(f)(3)(D) of such title is amended by striking out

9 ‘‘the first day of the first month which begins after the

10 date of the court order or filing involved’’ and inserting

11 in lieu thereof ‘‘the day referred to in section

12 1448(b)(3)(E)(i) of this title’’.

13 SEC. 633. RECOVERY, CARE, AND DISPOSITION OF RE14 MAINS OF MEDICALLY RETIRED MEMBER

15 WHO DIES DURING HOSPITALIZATION THAT

16 BEGINS WHILE ON ACTIVE DUTY.

17 (a) IN GENERAL.—Section 1481(a)(7) of title 10,

18 United States Code, is amended to read as follows:

19 ‘‘(7) A person who—

20 ‘‘(A) dies as a retired member of an armed

21 force under the Secretary’s jurisdiction during

22 a continuous hospitalization of the member as

23 a patient in a United States hospital that began

24 while the member was on active duty for a pe25 riod of more than 30 days; or
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1 ‘‘(B) is not covered by subparagraph (A)

2 and, while in a retired status by reason of eligi3 bility to retire under chapter 61 of this title,

4 dies during a continuous hospitalization of the

5 person that began while the person was on ac6 tive duty as a Regular of an armed force, or a

7 member of an armed force without component,

8 under the Secretary’s jurisdiction.’’.

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

10 subsection (a) takes effect on the date of the enactment

11 of this Act and applies with respect to deaths occurring

12 on or after that date.

13 SEC. 634. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT

14 PERIOD.

15 (a) PERSONS NOT CURRENTLY PARTICIPATING IN

16 SURVIVOR BENEFIT PLAN.—

17 (1) ELECTION OF SBP COVERAGE.—An eligible

18 retired or former member may elect to participate in

19 the Survivor Benefit Plan during the open enroll20 ment period specified in subsection (d).

21 (2) ELECTION OF SUPPLEMENTAL ANNUITY

22 COVERAGE.—An eligible retired or former member

23 who elects under paragraph (1) to participate in the

24 Survivor Benefit Plan may also elect during the
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1 open enrollment period to participate in the Supple2 mental Survivor Benefit Plan.

3 (3) ELIGIBLE RETIRED OR FORMER MEMBER.—

4 For purposes of paragraphs (1) and (2), an eligible

5 retired or former member is a member or former

6 member of the uniformed services who on the day

7 before the first day of the open enrollment period is

8 not a participant in the Survivor Benefit Plan and—

9 (A) is entitled to retired pay; or

10 (B) would be entitled to retired pay under

11 chapter 1223 of title 10, United States Code

12 (or chapter 67 of such title as in effect before

13 October 5, 1994), but for the fact that such

14 member or former member is under 60 years of

15 age.

16 (4) STATUS UNDER SBP OF PERSONS MAKING

17 ELECTIONS.—

18 (A) STANDARD ANNUITY.—A person mak19 ing an election under paragraph (1) by reason

20 of eligibility under paragraph (3)(A) shall be

21 treated for all purposes as providing a standard

22 annuity under the Survivor Benefit Plan.

23 (B) RESERVE-COMPONENT ANNUITY.—A

24 person making an election under paragraph (1)

25 by reason of eligibility under paragraph (3)(B)
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1 shall be treated for all purposes as providing a

2 reserve-component annuity under the Survivor

3 Benefit Plan.

4 (b) MANNER OF MAKING ELECTIONS.—

5 (1) IN GENERAL.—An election under this sec6 tion must be made in writing, signed by the person

7 making the election, and received by the Secretary

8 concerned before the end of the open enrollment pe9 riod. Except as provided in paragraph (2), any such

10 election shall be made subject to the same condi11 tions, and with the same opportunities for designa12 tion of beneficiaries and specification of base

13 amount, that apply under the Survivor Benefit Plan

14 or the Supplemental Survivor Benefit Plan, as the

15 case may be. A person making an election under

16 subsection (a) to provide a reserve-component annu17 ity shall make a designation described in section

18 1448(e) of title 10, United States Code.

19 (2) ELECTION MUST BE VOLUNTARY.—An elec20 tion under this section is not effective unless the

21 person making the election declares the election to

22 be voluntary. An election to participate in the Sur23 vivor Benefit Plan under this section may not be re24 quired by any court. An election to participate or

25 not to participate in the Survivor Benefit Plan is not
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1 subject to the concurrence of a spouse or former

2 spouse of the person.

3 (c) EFFECTIVE DATE FOR ELECTIONS.—Any such

4 election shall be effective as of the first day of the first

5 calendar month following the month in which the election

6 is received by the Secretary concerned.

7 (d) OPEN ENROLLMENT PERIOD DEFINED.—The

8 open enrollment period is the one-year period beginning

9 on March 1, 1999.

10 (e) EFFECT OF DEATH OF PERSON MAKING ELEC11 TION WITHIN TWO YEARS OF MAKING ELECTION.—If a

12 person making an election under this section dies before

13 the end of the two-year period beginning on the effective

14 date of the election, the election is void and the amount

15 of any reduction in retired pay of the person that is attrib16 utable to the election shall be paid in a lump sum to the

17 person who would have been the deceased person’s bene18 ficiary under the voided election if the deceased person

19 had died after the end of such two-year period.

20 (f) APPLICABILITY OF CERTAIN PROVISIONS OF

21 LAW.—The provisions of sections 1449, 1453, and 1454

22 of title 10, United States Code, are applicable to a person

23 making an election, and to an election, under this section

24 in the same manner as if the election were made under
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1 the Survivor Benefit Plan or the Supplemental Survivor

2 Benefit Plan, as the case may be.

3 (g) PREMIUMS FOR OPEN ENROLLMENT ELEC4 TION.—

5 (1) PREMIUMS TO BE CHARGED.—The Sec6 retary of Defense shall prescribe in regulations pre7 miums which a person electing under this section

8 shall be required to pay for participating in the Sur9 vivor Benefit Plan pursuant to the election. The

10 total amount of the premiums to be paid by a person

11 under the regulations shall be equal to the sum of—

12 (A) the total amount by which the retired

13 pay of the person would have been reduced be14 fore the effective date of the election if the per15 son had elected to participate in the Survivor

16 Benefit Plan (for the same base amount speci17 fied in the election) at the first opportunity that

18 was afforded the member to participate under

19 chapter 73 of title 10, United States Code;

20 (B) interest on the amounts by which the

21 retired pay of the person would have been so re22 duced, computed from the dates on which the

23 retired pay would have been so reduced at such

24 rate or rates and according to such methodol-
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1 ogy as the Secretary of Defense determines rea2 sonable; and

3 (C) any additional amount that the Sec4 retary determines necessary to protect the actu5 arial soundness of the Department of Defense

6 Military Retirement Fund against any increased

7 risk for the fund that is associated with the

8 election.

9 (2) PREMIUMS TO BE CREDITED TO RETIRE10 MENT FUND.—Premiums paid under the regulations

11 shall be credited to the Department of Defense Mili12 tary Retirement Fund.

13 (h) DEFINITIONS.—In this section:

14 (1) The term ‘‘Survivor Benefit Plan’’ means

15 the program established under subchapter II of

16 chapter 73 of title 10, United States Code.

17 (2) The term ‘‘Supplemental Survivor Benefit

18 Plan’’ means the program established under sub19 chapter III of chapter 73 of title 10, United States

20 Code.

21 (3) The term ‘‘retired pay’’ includes retainer

22 pay paid under section 6330 of title 10, United

23 States Code.
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1 (4) The terms ‘‘uniformed services’’ and ‘‘Sec2 retary concerned’’ have the meanings given those

3 terms in section 101 of title 37, United States Code.

4 (5) The term ‘‘Department of Defense Military

5 Retirement Fund’’ means the Department of De6 fense Military Retirement Fund established under

7 section 1461(a) of title 10, United States Code.

8 SEC. 635. ELIGIBILITY FOR PAYMENTS OF CERTAIN SUR9 VIVORS OF CAPTURED AND INTERNED VIET10 NAMESE OPERATIVES WHO WERE UNMAR11 RIED AND CHILDLESS AT DEATH.

12 Section 657(b) of the National Defense Authorization

13 Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.

14 2585) is amended by adding at the end the following:

15 ‘‘(3) In the case of a decedent who had not

16 been married at the time of death—

17 ‘‘(A) to the surviving parents; or

18 ‘‘(B) if there are no surviving parents, to

19 the surviving siblings by blood of the decedent,

20 in equal shares.’’.

21 SEC. 636. CLARIFICATION OF RECIPIENT OF PAYMENTS TO

22 PERSONS CAPTURED OR INTERNED BY

23 NORTH VIETNAM.

24 Section 657(f)(1) of the National Defense Authoriza25 tion Act for Fiscal Year 1997 (Public Law 104–201; 110
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1 Stat. 2585) is amended by striking out ‘‘The actual dis2 bursement’’ and inserting in lieu thereof ‘‘Notwithstand3 ing any agreement (including a power of attorney) to the

4 contrary, the actual disbursement’’.

5 SEC. 637. PRESENTATION OF UNITED STATES FLAG TO

6 MEMBERS OF THE ARMED FORCES.

7 (a) ARMY.—(1) Chapter 353 of title 10, United

8 States Code, is amended by inserting after the table of

9 sections the following:

10 ‘‘§ 3681. Presentation of flag upon retirement at end

11 of active duty service

12 ‘‘(a) REQUIREMENT.—The Secretary of the Army

13 shall present a United States flag to a member of any

14 component of the Army upon the release of the member

15 from active duty for retirement.

16 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHOR17 IZED.—A member is not eligible for a presentation of a

18 flag under subsection (a) if the member has previously

19 been presented a flag under this section or section 6141

20 or 8681 of this title.

21 ‘‘(c) NO COST TO RECIPIENT.—The presentation of

22 a flag under his section shall be at no cost to the recipi23 ent.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting before the item relating

3 to section 3684 the following:

‘‘3681. Presentation of flag upon retirement at end of active duty service.’’.

4 (b) NAVY AND MARINE CORPS.—(1) Chapter 561 of

5 title 10, United States Code, is amended by inserting after

6 the table of sections the following:

7 ‘‘§ 6141. Presentation of flag upon retirement at end

8 of active duty service

9 ‘‘(a) REQUIREMENT.—The Secretary of the Navy

10 shall present a United States flag to a member of any

11 component of the Navy or Marine Corps upon the release

12 of the member from active duty for retirement or for

13 transfer to the Fleet Reserve or the Fleet Marine Corps

14 Reserve.

15 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHOR16 IZED.—A member is not eligible for a presentation of a

17 flag under subsection (a) if the member has previously

18 been presented a flag under this section or section 3681

19 or 8681 of this title.

20 ‘‘(c) NO COST TO RECIPIENT.—The presentation of

21 a flag under his section shall be at no cost to the recipi22 ent.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting before the item relating

3 to section 6151 the following:

‘‘6141. Presentation of flag upon retirement at end of active duty service.’’.

4 (c) AIR FORCE.—(1) Chapter 853 of title 10, United

5 States Code, is amended by inserting after the table of

6 sections the following:

7 ‘‘§ 8681. Presentation of flag upon retirement at end

8 of active duty service

9 ‘‘(a) REQUIREMENT.—The Secretary of the Air Force

10 shall present a United States flag to a member of any

11 component of the Air Force upon the release of the mem12 ber from active duty for retirement.

13 ‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHOR14 IZED.—A member is not eligible for a presentation of a

15 flag under subsection (a) if the member has previously

16 been presented a flag under this section or section 3681

17 or 6141 of this title.

18 ‘‘(c) NO COST TO RECIPIENT.—The presentation of a

19 flag under his section shall be at no cost to the recipient.’’.

20 (2) The table of sections at the beginning of such

21 chapter is amended by inserting before the item relating

22 to section 8684 the following:

‘‘8681. Presentation of flag upon retirement at end of active duty service.’’.

23 (d) REQUIREMENT FOR ADVANCE APPROPRIA24 TIONS.—The Secretary of a military department may
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1 present flags under authority provided the Secretary in

2 section 3681, 6141, or 8681 title 10, United States Code

3 (as added by this section), only to the extent that funds

4 for such presentations are appropriated for that purpose

5 in advance.

6 (e) EFFECTIVE DATE.—Sections 3681, 6141, and

7 8681 of title 10, United States Code (as added by this

8 section shall take effect on October 1, 1998, and shall

9 apply with respect to releases described in those sections

10 on or after that date.

11 SEC. 638. ELIMINATION OF BACKLOG OF UNPAID RETIRED

12 PAY.

13 (a) REQUIREMENT.—The Secretary of the Army shall

14 take such actions as are necessary to eliminate, by Decem15 ber 31, 1998, the backlog of unpaid retired pay for mem16 bers and former members of the Army (including members

17 and former members of the Army Reserve and the Army

18 National Guard).

19 (b) REPORT.—Not later than 30 days after the date

20 of the enactment of this Act, the Secretary of the Army

21 shall submit to Congress a report on the backlog of unpaid

22 retired pay. The report shall include the following:

23 (1) The actions taken under subsection (a).

24 (2) The extent of the remaining backlog.
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1 (3) A discussion of any additional actions that

2 are necessary to ensure that retired pay is paid in

3 a timely manner.

4 (c) FUNDING.—Of the amount authorized to be ap5 propriated under section 421, $1,700,000 shall be avail6 able for carrying out this section.

7 Subtitle E—Other Matters

8 SEC. 641. DEFINITION OF POSSESSIONS OF THE UNITED

9 STATES FOR PAY AND ALLOWANCES PUR10 POSES.

11 Section 101(2) of title 37, United States Code, is

12 amended by striking out ‘‘the Canal Zone,’’.

13 SEC. 642. FEDERAL EMPLOYEES’ COMPENSATION COV14 ERAGE FOR STUDENTS PARTICIPATING IN

15 CERTAIN OFFICER CANDIDATE PROGRAMS.

16 (a) PERIODS OF COVERAGE.—Subsection (a)(2) of

17 section 8140 of title 5, United States Code, is amended

18 to read as follows:

19 ‘‘(2) during the period of the member’s attend20 ance at training or a practice cruise under chapter

21 103 of title 10, beginning when the authorized travel

22 to the training or practice cruise begins and ending

23 when authorized travel from the training or practice

24 cruise ends.’’.
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1 (b) LINE OF DUTY.—Subsection (b) of such section

2 is amended to read as follows:

3 ‘‘(b) For the purpose of this section, an injury, dis4 ability, death, or illness of a member referred to in sub5 section (a) may be considered as incurred or contracted

6 in line of duty only if the injury, disability, or death is

7 incurred, or the illness is contracted, by the member dur8 ing a period described in that subsection. Subject to review

9 by the Secretary of Labor, the Secretary of the military

10 department concerned (under regulations prescribed by

11 that Secretary), shall determine whether an injury, dis12 ability, or death was incurred, or an illness was con13 tracted, by a member in line of duty.’’.

14 (c) CLARIFICATION OF CASUALTIES COVERED.—

15 Subsection (a) of such section, as amended by subsection

16 (a) of this section, is further amended by inserting ‘‘, or

17 an illness contracted,’’ after ‘‘death incurred’’ in the mat18 ter preceding paragraph (1).

19 (d) EFFECTIVE DATE AND APPLICABILITY.—The

20 amendments made by subsections (a) and (b) shall take

21 effect on the date of the enactment of this Act and apply

22 with respect to injuries, illnesses, disabilities, and deaths

23 incurred or contracted on or after that date.
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1 SEC. 643. AUTHORITY TO PROVIDE FINANCIAL ASSIST2 ANCE FOR EDUCATION OF CERTAIN DEFENSE

3 DEPENDENTS OVERSEAS.

4 Section 1407(b) of the Defense Dependents’ Edu5 cation Act of 1978 (20 U.S.C. 926(b)) is amended—

6 (1) by striking out ‘‘(b) Under such cir7 cumstances as he may by regulation prescribe, the

8 Secretary of Defense’’ and inserting in lieu thereof

9 ‘‘(b) TUITION AND ASSISTANCE WHEN SCHOOLS

10 UNAVAILABLE.—(1) Under such circumstances as

11 the Secretary of Defense may prescribe in regula12 tions, the Secretary’’; and

13 (2) by adding at the end the following:

14 ‘‘(2)(A) The Secretary of Defense, and the Secretary

15 of Transportation with respect to the Coast Guard when

16 it is not operating as a service of the Navy, may provide

17 financial assistance to sponsors of dependents in overseas

18 areas where schools operated by the Secretary of Defense

19 under subsection (a) are not reasonably available in order

20 to assist the sponsors to defray the costs incurred by the

21 sponsors for the attendance of the dependents at schools

22 in such areas other than schools operated by the Secretary

23 of Defense.

24 ‘‘(B) The Secretary of Defense and the Secretary of

25 Transportation shall each prescribe regulations relating to

26 the availability of financial assistance under subparagraph
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1 (A). Such regulations shall, to the maximum extent prac2 ticable, be consistent with Department of State regula3 tions relating to the availability of financial assistance for

4 the education of dependents of Department of State per5 sonnel overseas.’’.

6 SEC. 644. VOTING RIGHTS OF MILITARY PERSONNEL.

7 (a) GUARANTEE OF RESIDENCY.—Article VII of the

8 Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C.

9 App. 590 et seq.) is amended by adding at the end the

10 following:

11 ‘‘SEC. 704. (a) For purposes of voting for an office

12 of the United States or of a State, a person who is absent

13 from a State in compliance with military or naval orders

14 shall not, solely by reason of that absence—

15 ‘‘(1) be deemed to have lost a residence or

16 domicile in that State;

17 ‘‘(2) be deemed to have acquired a residence or

18 domicile in any other State; or

19 ‘‘(3) be deemed to have become resident in or

20 a resident of any other State.

21 ‘‘(b) In this section, the term ‘State’ includes a terri22 tory or possession of the United States, a political subdivi23 sion of a State, territory, or possession, and the District

24 of Columbia.’’.
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1 (b) STATE RESPONSIBILITY TO GUARANTEE MILI2 TARY VOTING RIGHTS.—(1) Section 102 of the Uniformed

3 and Overseas Citizens Absentee Voting Act (42 U.S.C.

4 1973ff–1) is amended—

5 (A) by inserting ‘‘(a) ELECTIONS FOR FED6 ERAL OFFICES.—’’ before ‘‘Each State shall—’’;

7 and

8 (B) by adding at the end the following:

9 ‘‘(b) ELECTIONS FOR STATE AND LOCAL OFFICES.—

10 Each State shall—

11 ‘‘(1) permit absent uniformed services voters to

12 use absentee registration procedures and to vote by

13 absentee ballot in general, special, primary, and run14 off elections for State and local offices; and

15 ‘‘(2) accept and process, with respect to any

16 election described in paragraph (1), any otherwise

17 valid voter registration application from an absent

18 uniformed services voter if the application is received

19 by the appropriate State election official not less

20 than 30 days before the election.’’.

21 (2) The heading of title I of such Act is amended

22 by striking out ‘‘FOR FEDERAL OFFICE’’.
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1 TITLE VII—HEALTH CARE

2 SEC. 701. DEPENDENTS’ DENTAL PROGRAM.

3 (a) INFLATION-INDEXED PREMIUM.—(1) Section

4 1076a(b)(2) of title 10, United States Code, is amended—

5 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and

6 (B) by adding at the end the following:

7 ‘‘(B) Effective as of January 1 of each year, the

8 amount of the premium required under subparagraph (A)

9 shall be increased by the percent equal to the lesser of—

10 ‘‘(i) the percent by which the rates of basic pay

11 of members of the uniformed services are increased

12 on such date; or

13 ‘‘(ii) the sum of one-half percent and the per14 cent computed under section 5303(a) of title 5 for

15 the increase in rates of basic pay for statutory pay

16 systems for pay periods beginning on or after such

17 date.’’.

18 (2) The amendment made by subparagraph (B) of

19 paragraph (1) shall take effect on January 1, 1999, and

20 shall apply to months after 1998 as if such subparagraph

21 had been in effect since December 31, 1993.

22 (b) OFFER OF PLAN UNDER TRICARE.—(1) Sec23 tion 1097 of such title is amended by adding at the end

24 the following:
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1 ‘‘(f) DEPENDENTS’ DENTAL PLAN.—A basic dental

2 benefits plan established for eligible dependents under sec3 tion 1076a of this title may be offered under the

4 TRICARE program.’’.

5 (2) Subsection (e) of such section is amended by add6 ing at the end the following: ‘‘Charges for a basic dental

7 benefits plan offered under the TRICARE program pursu8 ant to subsection (f) shall be those provided for under sec9 tion 1076a of this title.’’.

10 SEC. 702. EXTENSION OF AUTHORITY FOR USE OF PER11 SONAL SERVICES CONTRACTS FOR PROVI12 SION OF HEALTH CARE AT MILITARY EN13 TRANCE PROCESSING STATIONS AND ELSE14 WHERE OUTSIDE MEDICAL TREATMENT FA15 CILITIES.

16 Section 1091(a)(2) of title 10, United States Code,

17 is amended in the second sentence by striking out ‘‘the

18 end of the one-year period beginning on the date of the

19 enactment of this paragraph’’ and inserting in lieu thereof

20 ‘‘June 30, 1999’’.

21 SEC. 703. TRICARE PRIME AUTOMATIC ENROLLMENTS

22 AND RETIREE PAYMENT OPTIONS.

23 (a) PROCEDURES.—(1) Chapter 55 of title 10,

24 United States Code, is amended by inserting after section

25 1097 the following new section:
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1 ‘‘§ 1097a. TRICARE Prime: automatic enrollments;

2 payment options

3 ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DE4 PENDENTS.—Each dependent of a member of the uni5 formed services in grade E4 or below who is entitled to

6 medical and dental care under section 1076(a)(2)(A) of

7 this title and resides in the catchment area of a facility

8 of a uniformed service offering TRICARE Prime shall be

9 automatically enrolled in TRICARE Prime at the facility.

10 The Secretary concerned shall provide written notice of

11 the enrollment to the member. The enrollment of a de12 pendent of the member may be terminated by the member

13 or the dependent at any time.

14 ‘‘(b) AUTOMATIC RENEWAL OF ENROLLMENTS OF

15 COVERED BENEFICIARIES.—(1) An enrollment of a cov16 ered beneficiary in TRICARE Prime shall be automati17 cally renewed upon the expiration of the enrollment unless

18 the renewal is declined.

19 ‘‘(2) Not later than 15 days before the expiration

20 date for an enrollment of a covered beneficiary in

21 TRICARE Prime, the Secretary concerned shall—

22 ‘‘(A) transmit a written notification of the

23 pending expiration and renewal of enrollment to the

24 covered beneficiary or, in the case of a dependent of

25 a member of the uniformed services, to the member;

26 and
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1 ‘‘(B) afford the beneficiary or member, as the

2 case may be, an opportunity to decline the renewal

3 of enrollment.

4 ‘‘(c) PAYMENT OPTIONS FOR RETIREES.—A member

5 or former member of the uniformed services eligible for

6 medical care and dental care under section 1074(b) of this

7 title may elect to have any fee payable by the member or

8 former member for an enrollment in TRICARE Prime

9 withheld from the member’s retired pay, retainer pay, or

10 equivalent pay, as the case may be, or to be paid from

11 a financial institution through electronic transfers of

12 funds. The fee shall be paid in accordance with the elec13 tion.

14 ‘‘(d) REGULATIONS.—The administering Secretaries

15 shall prescribe regulations, including procedures, for car16 rying out this section.

17 ‘‘(e) DEFINITIONS.—In this section:

18 ‘‘(1) The term ‘TRICARE Prime’ means the

19 managed care option of the TRICARE program.

20 ‘‘(2) The term ‘catchment area’, with respect to

21 a facility of a uniformed service, means the service

22 area of the facility, as designated under regulations

23 prescribed by the administering Secretaries.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting after the item relating

3 to section 1097 the following new item:

1097a. TRICARE Prime: automatic enrollments; payment options.’’.

4 (b) DEADLINE FOR IMPLEMENTATION.—The regula5 tions required under subsection (d) of section 1097a of

6 title 10, United States Code (as added by subsection (a)),

7 shall be prescribed to take effect not later than January

8 1, 1999. The section shall be applied under TRICARE

9 Prime on and after the date on which the regulations take

10 effect.

11 SEC. 704. LIMITED CONTINUED CHAMPUS COVERAGE FOR

12 PERSONS UNAWARE OF A LOSS OF CHAMPUS

13 COVERAGE RESULTING FROM ELIGIBILITY

14 FOR MEDICARE.

15 (a) CONTINUATION OF ELIGIBILITY.—The eligibility

16 of a person described in subsection (b) for care under

17 CHAMPUS may be continued under regulations pre18 scribed by the administering Secretaries if it is determined

19 under the regulations that the continuation of the eligi20 bility is appropriate in order to ensure that the person

21 has adequate access to health care.

22 (b) ELIGIBLE PERSONS.—Subsection (a) applies to

23 a person who—

24 (1) has been eligible for health care under

25 CHAMPUS;
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1 (2) loses eligibility for health care under

2 CHAMPUS solely by reason of paragraph (1) of sec3 tion 1086(d), United States Code;

4 (3) is unaware of the loss of eligibility; and

5 (4) satisfies the conditions set forth in subpara6 graphs (A) and (B) of paragraph (2) of such section

7 1086(d) at the time health care is provided under

8 CHAMPUS pursuant to a continuation of eligibility

9 in accordance with this section.

10 (c) PERIOD OF CONTINUED ELIGIBILITY.—A con11 tinuation of eligibility under this section shall apply with

12 regard to health care provided on or after October 1,

13 1998, and before July 1, 1999.

14 (d) DEFINITIONS.—In this section:

15 (1) The term ‘‘administering Secretaries’’ has

16 the meaning given such term in paragraph (3) of

17 section 1072 of title 10, United States Code.

18 (2) The term ‘‘CHAMPUS’’ means the Civilian

19 Health and Medical Program of the Uniformed

20 Services, as defined in paragraph (4) of such sec21 tion.

22 SEC. 705. ENHANCED DEPARTMENT OF DEFENSE ORGAN

23 AND TISSUE DONOR PROGRAM.

24 (a) FINDINGS.—Congress makes the following find25 ings:
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1 (1) Organ and tissue transplantation is one of

2 the most remarkable medical success stories in the

3 history of medicine.

4 (2) Each year, the number of people waiting for

5 organ or tissue transplantation increases. It is esti6 mated that there are approximately 39,000 patients,

7 ranging in age from babies to those in retirement,

8 awaiting transplants of kidneys, hearts, livers, and

9 other solid organs.

10 (3) The Department of Defense has made sig11 nificant progress in increasing the awareness of the

12 importance of organ and tissue donations among

13 members of the Armed Forces.

14 (4) The inclusion of organ and tissue donor

15 elections in the Defense Enrollment Eligibility Re16 porting System (DEERS) central database through

17 the Real-time Automated Personnel Identification

18 System (RAPIDS) represents a major step in ensur19 ing that organ and tissue donor elections are a mat20 ter of record and are accessible in a timely manner.

21 (b) RESPONSIBILITIES OF THE SECRETARY OF DE22 FENSE.—The Secretary of Defense shall ensure that the

23 advanced systems developed for recording Armed Forces

24 members’ personal data and information (such as the

25 SMARTCARD, MEDITAG, and Personal Information
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1 Carrier) include the capability to record organ and tissue

2 donation elections.

3 (c) RESPONSIBILITIES OF THE SECRETARIES OF THE

4 MILITARY DEPARTMENTS.—The Secretaries of the mili5 tary departments shall ensure that—

6 (1) appropriate information about organ and

7 tissue donation is provided to each recruit and offi8 cer candidate of the Armed Forces during initial

9 training;

10 (2) members of the Armed Forces are given re11 curring, specific opportunities to elect to be organ or

12 tissue donors during service in the Armed Forces

13 and upon retirement; and

14 (3) members of the Armed Forces electing to be

15 organ or tissue donors are encouraged to advise

16 their next of kin concerning the donation decision

17 and any subsequent change of that decision.

18 (d) RESPONSIBILITIES OF THE SURGEONS GENERAL

19 OF THE MILITARY DEPARTMENT.—The Surgeons General

20 of the Armed Forces shall ensure that—

21 (1) appropriate training is provided to enlisted

22 and officer medical personnel to facilitate the effec23 tive operation of organ and tissue donation activities

24 under garrison conditions and, to the extent pos25 sible, under operational conditions; and
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1 (2) medical logistical activities can, to the ex2 tent possible without jeopardizing operational re3 quirements, support an effective organ and tissue

4 donation program.

5 (e) REPORT.—Not later than September 1, 1999, 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 status of the implementation of this section.

10 SEC. 706. JOINT DEPARTMENT OF DEFENSE AND DEPART11 MENT OF VETERANS AFFAIRS REVIEWS RE12 LATING TO INTERDEPARTMENTAL COOPERA13 TION IN THE DELIVERY OF MEDICAL CARE.

14 (a) FINDINGS.—Congress makes the following find15 ings:

16 (1) The military health care system of the De17 partment of Defense and the Veterans Health Ad18 ministration of the Department of Veterans Affairs

19 are national institutions that collectively manage

20 more than 1,500 hospitals, clinics, and health care

21 facilities worldwide to provide services to more than

22 11,000,000 beneficiaries.

23 (2) In the post-Cold War era, these institutions

24 are in a profound transition that involves challeng25 ing opportunities.
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1 (3) During the period from 1988 to 1998, the

2 number of military medical personnel has declined

3 by 15 percent and the number of military hospitals

4 has been reduced by one-third.

5 (4) During the two years since 1996, the De6 partment of Veterans Affairs has revitalized its

7 structure by decentralizing authority into 22 Veter8 ans Integrated Service Networks.

9 (5) In the face of increasing costs of medical

10 care, increased demands for health care services, and

11 increasing budgetary constraints, the Department of

12 Defense and the Department of Veterans Affairs

13 have embarked on a variety of dynamic and innova14 tive cooperative programs ranging from shared serv15 ices to joint venture operations of medical facilities.

16 (6) In 1984, there was a combined total of 102

17 Department of Veterans Affairs and Department of

18 Defense facilities with sharing agreements. By 1997,

19 that number had grown to 420. During the six years

20 from fiscal year 1992 through fiscal year 1997,

21 shared services increased from slightly over 3,000

22 services to more than 6,000 services ranging from

23 major medical and surgical services, laundry, blood,

24 and laboratory services to unusual speciality care

25 services.
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1 (7) The Department of Defense and the De2 partment of Veterans Affairs are conducting four

3 health care joint ventures in New Mexico, Nevada,

4 Texas, Oklahoma, and are planning to conduct four

5 more such ventures in Alaska, Florida, Hawaii, and

6 California.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that—

9 (1) the Department of Defense and the Depart10 ment of Veterans Affairs are to be commended for

11 the cooperation between the two departments in the

12 delivery of medical care, of which the cooperation in13 volved in the establishment and operation of the De14 partment of Defense and the Department of Veter15 ans Affairs Executive Council is a praiseworthy ex16 ample;

17 (2) the two departments are encouraged to con18 tinue to explore new opportunities to enhance the

19 availability and delivery of medical care to bene20 ficiaries by further enhancing the cooperative efforts

21 of the departments; and

22 (3) enhanced cooperation is encouraged for—

23 (A) the general areas of access to quality

24 medical care, identification and elimination of
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1 impediments to enhanced cooperation, and joint

2 research and program development; and

3 (B) the specific areas in which there is sig4 nificant potential to achieve progress in co5 operation in a short term, including comput6 erization of patient records systems, participa7 tion of the Department of Veterans Affairs in

8 the TRICARE program, pharmaceutical pro9 grams, and joint physical examinations.

10 (c) JOINT SURVEY OF POPULATIONS SERVED.—(1)

11 The Secretary of Defense and the Secretary of Veterans

12 Affairs shall jointly conduct a survey of their respective

13 medical care beneficiary populations to identify, by cat14 egory of beneficiary (defined as the Secretaries consider

15 appropriate), the expectations of, requirements for, and

16 behavior patterns of the beneficiaries with respect to medi17 cal care. The two Secretaries shall develop the protocol

18 for the survey jointly, but shall obtain the services of an

19 entity independent of the Department of Defense and the

20 Department of Veterans Affairs for carrying out the sur21 vey.

22 (2) The survey shall include the following:

23 (A) Demographic characteristics, economic

24 characteristics, and geographic location of bene-
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1 ficiary populations with regard to catchment or serv2 ice areas.

3 (B) The types and frequency of care required

4 by veterans, retirees, and dependents within

5 catchment or service areas of Department of De6 fense and Veterans Affairs medical facilities and

7 outside those areas.

8 (C) The numbers of, characteristics of, and

9 types of medical care needed by the veterans, retir10 ees, and dependents who, though eligible for medical

11 care in Department of Defense or Department of

12 Veterans Affairs treatment facilities or other feder13 ally funded medical programs, choose not to seek

14 medical care from those facilities or under those pro15 grams, and the reasons for that choice.

16 (D) The obstacles or disincentives for seeking

17 medical care from such facilities or under such pro18 grams that veterans, retirees, and dependents per19 ceive.

20 (E) Any other matters that the Secretary of

21 Defense and the Secretary of Veterans Affairs con22 sider appropriate for the survey.

23 (3) The Secretary of Defense and the Secretary of

24 Veterans Affairs shall submit a report on the results of

25 the survey to the appropriate committees of Congress. The
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1 report shall contain the matters described in paragraph

2 (2) and any proposals for legislation that the Secretaries

3 recommend for enhancing Department of Defense and De4 partment of Veterans Affairs cooperative efforts with re5 spect to the delivery of medical care.

6 (d) REVIEW OF LAW AND POLICIES.—(1) The Sec7 retary of Defense and the Secretary of Veterans Affairs

8 shall jointly conduct a review to identify impediments to

9 cooperation between the Department of Defense and the

10 Department of Veterans Affairs regarding the delivery of

11 medical care. The matters reviewed shall include the fol12 lowing:

13 (A) All laws, policies, and regulations, and any

14 attitudes of beneficiaries of the health care systems

15 of the two departments, that have the effect of pre16 venting the establishment, or limiting the effective17 ness, of cooperative health care programs of the de18 partments.

19 (B) The requirements and practices involved in

20 the credentialling and licensure of health care pro21 viders.

22 (C) The perceptions of beneficiaries in a variety

23 of categories (defined as the Secretaries consider ap24 propriate) regarding the various Federal health care

25 systems available for their use.
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1 (2) The Secretaries shall jointly submit a report on

2 the results of the review to the appropriate committees

3 of Congress. The report shall include any proposals for

4 legislation that the Secretaries recommend for eliminating

5 or reducing impediments to interdepartmental cooperation

6 that are identified during the review.

7 (e) PARTICIPATION IN TRICARE.—(1) The Sec8 retary of Defense shall review the TRICARE program to

9 identify opportunities for increased participation by the

10 Department of Veterans Affairs in that program. The on11 going collaboration between Department of Defense offi12 cials and Department of Veterans Affairs officials regard13 ing increasing the participation shall be included among

14 the matters reviewed.

15 (2) The Secretary of Defense and the Secretary of

16 Veterans Affairs shall jointly submit to the appropriate

17 committees of Congress a semiannual report on the status

18 of the review and on efforts to increase the participation

19 of the Department of Veterans Affairs in the TRICARE

20 program. No report is required under this paragraph after

21 the submission of a semiannual report in which the Sec22 retaries declare that the Department of Veterans Affairs

23 is participating in the TRICARE program to the extent

24 that can reasonably be expected to be attained.
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1 (f) PHARMACEUTICAL BENEFITS AND PROGRAMS.—

2 (1) The Federal Pharmaceutical Steering Committee

3 shall—

4 (A) undertake a comprehensive examination of

5 existing pharmaceutical benefits and programs for

6 beneficiaries of Federal medical care programs, in7 cluding matters relating to the purchasing, distribu8 tion, and dispensing of pharmaceuticals and the

9 management of mail order pharmaceuticals pro10 grams; and

11 (B) review the existing methods for contracting

12 for and distributing medical supplies and services.

13 (2) The committee shall submit a report on the re14 sults of the examination to the appropriate committees of

15 Congress.

16 (g) STANDARDIZATION OF PHYSICAL EXAMINATIONS

17 FOR DISABILITY.—The Secretary of Defense and the Sec18 retary of Veterans Affairs shall submit to the appropriate

19 committees of Congress a report on the status of the ef20 forts of the Department of Defense and the Department

21 of Veterans Affairs to standardize physical examinations

22 administered by the two departments for the purpose of

23 determining or rating disabilities.
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1 (h) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—For the purposes of this section, the appropriate

3 committees of Congress are as follows:

4 (1) The Committee on Armed Services and the

5 Committee on Veterans’ Affairs of the Senate.

6 (2) The Committee on National Security and

7 the Committee on Veterans’ Affairs of the House of

8 Representatives.

9 (i) DEADLINES FOR SUBMISSION OF REPORTS.—(1)

10 The report required by subsection (c)(3) shall be submit11 ted not later than January 1, 2000.

12 (2) The report required by subsection (d)(2) shall be

13 submitted not later than March 1, 1999.

14 (3) The semiannual report required by subsection

15 (e)(2) shall be submitted not later than March 1 and Sep16 tember 1 of each year.

17 (4) The report on the examination required under

18 subsection (f) shall be submitted not later than 60 days

19 after the completion of the examination.

20 (5) The report required by subsection (g) shall be

21 submitted not later than March 1, 1999.
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1 SEC. 707. DEMONSTRATION PROJECTS TO PROVIDE

2 HEALTH CARE TO CERTAIN MEDICARE-ELIGI3 BLE BENEFICIARIES OF THE MILITARY

4 HEALTH CARE SYSTEM.

5 (a) IN GENERAL.—(1) The Secretary of Defense

6 shall, after consultation with the other administering Sec7 retaries, carry out three demonstration projects (described

8 in subsections (d), (e), and (f)) in order to assess the fea9 sibility and advisability of providing certain medical care

10 coverage to the medicare-eligible individuals described in

11 subsection (b).

12 (2) The Secretary shall commence the demonstration

13 projects not later than January 1, 2000, and shall termi14 nate the demonstration projects not later than December

15 31, 2003.

16 (3) The aggregate costs incurred by the Secretary

17 under the demonstration projects in any year may not ex18 ceed $60,000,000.

19 (b) ELIGIBLE INDIVIDUALS.—An individual eligible

20 to participate in a demonstration project under subsection

21 (a) is a member or former member of the uniformed serv22 ices described in section 1074(b) of title 10, United States

23 Code, a dependent of the member described in section

24 1076(a)(2)(B) or 1076(b) of that title, or a dependent of

25 a member of the uniformed services who died while on ac26 tive duty for a period of more than 30 days, who—
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1 (1) is 65 years of age or older;

2 (2) is entitled to hospital insurance benefits

3 under part A of title XVIII of the Social Security

4 Act (42 U.S.C. 1395c et seq.);

5 (3) is enrolled in the supplemental medical in6 surance program under part B of such title XVIII

7 (42 U.S.C. 1395j et seq.); and

8 (4) resides in an area of the demonstration

9 project selected by the Secretary under subsection

10 (c).

11 (c) AREAS OF DEMONSTRATION PROJECTS.—(1)

12 Subject to paragraph (3), the Secretary shall carry out

13 each demonstration project under this section in two sepa14 rate areas selected by the Secretary.

15 (2) Of the two areas selected for each demonstration

16 project—

17 (A) one shall be an area outside the catchment

18 area of a military medical treatment facility in

19 which—

20 (i) no eligible organization has a contract

21 in effect under section 1876 of the Social Secu22 rity Act (42 U.S.C. 1395mm) and no

23 Medicare+Choice organization has a contract

24 in effect under part C of title XVIII of that Act

25 (42 U.S.C. 1395w–21); or
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1 (ii) the aggregate number of enrollees with

2 an eligible organization with a contract in effect

3 under section 1876 of that Act or with a

4 Medicare+Choice organization with a contract

5 in effect under part C of title XVIII of that Act

6 is less than 2.5 percent of the total number of

7 individuals in the area who are entitled to hos8 pital insurance benefits under part A of title

9 XVIII of that Act; and

10 (B) one shall be an area outside the catchment

11 area of a military medical treatment facility in

12 which—

13 (i) at least one eligible organization has a

14 contract in effect under section 1876 of that

15 Act or one Medicare+Choice organization has a

16 contract in effect under part C of title XVIII of

17 that Act; and

18 (ii) the aggregate number of enrollees with

19 an eligible organization with a contract in effect

20 under section 1876 of that Act or with a

21 Medicare+Choice organization with a contract

22 in effect under part C of title XVIII of that Act

23 exceeds 10 percent of the total number of indi24 viduals in the area who are entitled to hospital
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1 insurance benefits under part A of title XVIII

2 of that Act.

3 (3) The Secretary may not carry out a demonstration

4 project under this section in any area in which the Sec5 retary is carrying out any other medical care demonstra6 tion project unless the Secretary determines that the con7 duct of such other medical care demonstration project will

8 not interfere with the conduct or evaluation of the dem9 onstration project under this section.

10 (d) FEHBP AS SUPPLEMENT TO MEDICARE DEM11 ONSTRATION.—(1)(A) Under one of the demonstration

12 projects under this section, the Secretary shall permit eli13 gible individuals described in subsection (b) who reside in

14 the areas of the demonstration project selected under sub15 section (c) to enroll in the health benefits plans offered

16 through the Federal Employees Health Benefits program

17 under chapter 89 of title 5, United States Code.

18 (B) The Secretary shall carry out the demonstration

19 project under this subsection under an agreement with the

20 Office of Personnel Management.

21 (2)(A) An eligible individual described in paragraph

22 (1) shall not be required to satisfy any eligibility criteria

23 specified in chapter 89 of title 5, United States Code, as

24 a condition for enrollment in the health benefits plans of25 fered through the Federal Employee Health Benefits pro-
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1 gram under the demonstration project under this sub2 section.

3 (B) Each eligible individual who enrolls in a health

4 benefits plan under the demonstration project shall be re5 quired to remain enrolled in the supplemental medical in6 surance program under part B of title XVIII of the Social

7 Security Act while participating in the demonstration

8 project.

9 (3)(A) The authority responsible for approving re10 tired or retainer pay or equivalent pay in the case of a

11 member or former member shall manage the participation

12 of the members or former members who enroll in health

13 benefits plans offered through the Federal Employee

14 Health Benefits program pursuant to paragraph (1).

15 (B) Such authority shall distribute program informa16 tion to eligible individuals, process enrollment applica17 tions, forward all required contributions to the Employees

18 Health Benefits Fund established under section 8909 of

19 title 5, United States Code, in a timely manner, assist in

20 the reconciliation of enrollment records with health plans,

21 and prepare such reports as the Office of Personnel Man22 agement may require in its administration of chapter 89

23 of such title.

24 (4)(A) The Office of Personnel Management shall re25 quire health benefits plans under chapter 89 of title 5,
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1 United States Code, that participate in the demonstration

2 project to maintain a separate risk pool for purposes of

3 establishing premium rates for eligible individuals who en4 roll in such plans in accordance with this subsection.

5 (B) The Office shall determine total subscription

6 charges for self only or for family coverage for eligible in7 dividuals who enroll in a health benefits plan under chap8 ter 89 of such title in accordance with this subsection,

9 which shall include premium charges paid to the plan and

10 amounts described in section 8906(c) of title 5, United

11 States Code, for administrative expenses and contingency

12 reserves.

13 (5) The Secretary shall be responsible for the Govern14 ment contribution for an eligible individual who enrolls in

15 a health benefits plan under chapter 89 of title 5, United

16 States Code, in accordance with this subsection, except

17 that the amount of the contribution may not exceed the

18 amount of the Government contribution which would be

19 payable if such individual were an employee enrolled in

20 the same health benefits plan and level of benefits.

21 (6) The cancellation by a eligible individual of cov22 erage under the Federal Employee Health Benefits pro23 gram shall be irrevocable during the term of the dem24 onstration project under this subsection.
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1 (e) TRICARE AS SUPPLEMENT TO MEDICARE DEM2 ONSTRATION.—(1) Under one of the demonstration

3 projects under this section, the Secretary shall permit eli4 gible individuals described in subsection (b) who reside in

5 each area of the demonstration project selected under sub6 section (c) to enroll in the TRICARE program. The dem7 onstration project under this subsection shall be known

8 as the ‘‘TRICARE Senior Supplement’’.

9 (2) Payment for care and services received by eligible

10 individuals who enroll in the TRICARE program under

11 the demonstration project shall be made as follows:

12 (A) First, under title XVIII of the Social Secu13 rity Act, but only the extent that payment for such

14 care and services is provided for under that title.

15 (B) Second, under the TRICARE program, but

16 only to the extent that payment for such care and

17 services is provided under that program and is not

18 provided for under subparagraph (A).

19 (C) Third, by the eligible individual concerned,

20 but only to the extent that payment for such care

21 and services is not provided for under subpara22 graphs (B) and (C).

23 (3)(A) The Secretary shall require each eligible indi24 vidual who enrolls in the TRICARE program under the

25 demonstration project to pay an enrollment fee. The Sec-
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1 retary may provide for payment of the enrollment fee on

2 a periodic basis.

3 (B) The amount of the enrollment fee of an eligible

4 individual under subparagraph (A) in any year may not

5 exceed an amount equal to 75 percent of the total sub6 scription charges in that year for self-only or family, fee7 for-service coverage under the health benefits plan under

8 the Federal Employees Health Benefits program under

9 chapter 89 of title 5, United States Code, that is most

10 similar in coverage to the TRICARE program.

11 (f) TRICARE MAIL ORDER PHARMACY BENEFIT

12 SUPPLEMENT TO MEDICARE DEMONSTRATION.—(1)

13 Under one of the demonstration projects under this sec14 tion, the Secretary shall permit eligible individuals de15 scribed in subsection (b) who reside in each area of the

16 demonstration project selected under subsection (c) to

17 participate in the mail order pharmacy benefit available

18 under the TRICARE program.

19 (2) The Secretary may collect from eligible individ20 uals who participate in the mail order pharmacy benefit

21 under the demonstration project any premiums,

22 deductibles, copayments, or other charges that the Sec23 retary would otherwise collect from individuals similar to

24 such eligible individuals for participation in the benefit.
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1 (g) INDEPENDENT EVALUATION.—(1) The Secretary

2 shall provide for an evaluation of the demonstration

3 projects conducted under this section by an appropriate

4 person or entity that is independent of the Department

5 of Defense.

6 (2) The evaluation shall include the following:

7 (A) An analysis of the costs of each demonstra8 tion project to the United States and to the eligible

9 individuals who enroll or participate in such dem10 onstration project.

11 (B) An assessment of the extent to which each

12 demonstration project satisfied the requirements of

13 such eligible individuals for the health care services

14 available under such demonstration project.

15 (C) An assessment of the effect, if any, of each

16 demonstration project on military medical readiness.

17 (D) A description of the rate of the enrollment

18 or participation in each demonstration project of the

19 individuals who were eligible to enroll or participate

20 in such demonstration project.

21 (E) An assessment of which demonstration

22 project provides the most suitable model for a pro23 gram to provide adequate health care services to the

24 population of individuals consisting of the eligible in25 dividuals.
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1 (F) An evaluation of any other matters that the

2 Secretary considers appropriate.

3 (3) The Comptroller General shall review the evalua4 tion conducted under paragraph (1). In carrying out the

5 review, the Comptroller General shall—

6 (A) assess the validity of the processes used in

7 the evaluation; and

8 (B) assess the validity of any findings under

9 the evaluation.

10 (4)(A) The Secretary shall submit a report on the re11 sults of the evaluation under paragraph (1), together with

12 the evaluation, to the Committee on Armed Services of

13 the Senate and the Committee on National Security of the

14 House of Representatives not later than December 31,

15 2003.

16 (B) The Comptroller General shall submit a report

17 on the results of the review under paragraph (3) to the

18 committees referred to in subparagraph (A) not later than

19 February 15, 2004.

20 (h) ADDITIONAL REQUIREMENTS RELATING TO

21 FEHBP DEMONSTRATION PROJECT.—(1) Notwithstand22 ing subsection (a)(2), the Secretary shall commence the

23 demonstration project under subsection (d) on July 1,

24 1999.
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1 (2) Notwithstanding subsection (c), the Secretary

2 shall carry out the demonstration project under subsection

3 (d) in four separate areas, of which—

4 (A) two shall meet the requirements of sub5 section (c)(1)(A); and

6 (B) two others shall meet the requirements of

7 subsection (c)(1)(B).

8 (3)(A) Notwithstanding subsection (f), the Secretary

9 shall provide for an annual evaluation of the demonstra10 tion project under subsection (d) that meets the require11 ments of subsection (f)(2).

12 (B) The Comptroller shall review each evaluation pro13 vided for under subparagraph (A).

14 (C) Not later than September 15 in each of 2000

15 through 2004, the Secretary shall submit a report on the

16 results of the evaluation under subparagraph (A) during

17 such year, together with the evaluation, to the Committee

18 on Armed Services of the Senate and the Committee on

19 National Security of the House of Representatives.

20 (D) Not later than December 31 in each of 2000

21 through 2004, the Comptroller General shall submit a re22 port on the results of the review under subparagraph (B)

23 during such year to the committees referred to in subpara24 graph (C).

25 (i) DEFINITIONS.—In this section:
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1 (1) The term ‘‘administering Secretaries’’ has

2 the meaning given that term in section 1072(3) of

3 title 10, United States Code.

4 (2) The term ‘‘TRICARE program’’ has the

5 meaning given that term in section 1072(7) of title

6 10, United States Code.

7 (j) COMPETITION FOR SERVICES.—The program

8 under this section will allow retail to compete for services

9 in delivery of pharmacy benefits without increasing costs

10 to the Government or the beneficiaries.

11 SEC. 708. PROFESSIONAL QUALIFICATIONS OF PHYSI12 CIANS PROVIDING MILITARY HEALTH CARE.

13 (a) REQUIREMENT FOR UNRESTRICTED LICENSE.—

14 Section 1094(a)(1) of title 10, United States Code, is

15 amended by adding at the end the following: ‘‘In the case

16 of a physician, the physician may not provide health care

17 as a physician under this chapter unless the current li18 cense is an unrestricted license that is not subject to limi19 tation on the scope of practice ordinarily granted to other

20 physicians for a similar specialty by the jurisdiction that

21 granted the license.’’.

22 (b) SATISFACTION OF CONTINUING MEDICAL EDU23 CATION REQUIREMENTS.—(1) Chapter 55 of title 10,

24 United States Code, is amended by inserting after section

25 1094 the following new section:
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1 ‘‘§ 1094a. Continuing medical education require2 ments: system for monitoring physician

3 compliance

4 ‘‘The Secretary of Defense shall establish a mecha5 nism for ensuring that each person under the jurisdiction

6 of the Secretary of a military department who provides

7 health care under this chapter as a physician satisfies the

8 continuing medical education requirements applicable to

9 the physician.’’.

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:

‘‘1094a. Continuing medical education requirements: system for monitoring physician compliance.’’.

13 (c) EFFECTIVE DATES.—(1) The amendment made

14 by subsection (a) shall take effect on October 1, 1998.

15 (2) The system required by section 1094a of title 10,

16 United States Code (as added by subsection (b)), shall

17 take effect on the date that is three years after the date

18 of the enactment of this Act.
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1 SEC. 709. ASSESSMENT OF ESTABLISHMENT OF INDEPEND2 ENT ENTITY TO EVALUATE POST-CONFLICT

3 ILLNESSES AMONG MEMBERS OF THE ARMED

4 FORCES AND HEALTH CARE PROVIDED BY

5 THE DEPARTMENT OF DEFENSE AND DE6 PARTMENT OF VETERANS AFFAIRS BEFORE

7 AND AFTER DEPLOYMENT OF SUCH MEM8 BERS.

9 (a) AGREEMENT FOR ASSESSMENT.—The Secretary

10 of Defense shall seek to enter into an agreement with the

11 National Academy of Sciences, or other appropriate inde12 pendent organization, under which agreement the Acad13 emy shall carry out the assessment referred to in sub14 section (b).

15 (b) ASSESSMENT.—(1) Under the agreement, the

16 Academy shall assess the need for and feasibility of estab17 lishing an independent entity to—

18 (A) evaluate and monitor interagency coordina19 tion on issues relating to the post-deployment health

20 concerns of members of the Armed Forces, including

21 coordination relating to outreach and risk commu22 nication, recordkeeping, research, utilization of new

23 technologies, international cooperation and research,

24 health surveillance, and other health-related activi25 ties;
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1 (B) evaluate the health care (including preven2 tive care and responsive care) provided to members

3 of the Armed Forces both before and after their de4 ployment on military operations;

5 (C) monitor and direct government efforts to

6 evaluate the health of members of the Armed Forces

7 upon their return from deployment on military oper8 ations for purposes of ensuring the rapid identifica9 tion of any trends in diseases or injuries among such

10 members as a result of such operations;

11 (D) provide and direct the provision of ongoing

12 training of health care personnel of the Department

13 of Defense and the Department of Veterans Affairs

14 in the evaluation and treatment of post-deployment

15 diseases and health conditions, including nonspecific

16 and unexplained illnesses; and

17 (E) make recommendations to the Department

18 of Defense and the Department of Veterans Affairs

19 regarding improvements in the provision of health

20 care referred to in subparagraph (B), including im21 provements in the monitoring and treatment of

22 members referred to in that subparagraph.

23 (2) The assessment shall cover the health care pro24 vided by the Department of Defense and, where applica25 ble, by the Department of Veterans Affairs.
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1 (c) REPORT.—(1) The agreement shall require the

2 Academy to submit to the committees referred to in para3 graph (3) a report on the results of the assessment under

4 this section not later than one year after the date of enact5 ment of this Act.

6 (2) The report shall include the following:

7 (A) The recommendation of the Academy as to

8 the need for and feasibility of establishing an inde9 pendent entity as described in subsection (b) and a

10 justification of such recommendation.

11 (B) If the Academy recommends that an entity

12 be established, the recommendations of the Academy

13 as to—

14 (i) the organizational placement of the en15 tity;

16 (ii) the personnel and other resources to be

17 allocated to the entity;

18 (iii) the scope and nature of the activities

19 and responsibilities of the entity; and

20 (iv) mechanisms for ensuring that any rec21 ommendations of the entity are carried out by

22 the Department of Defense and the Department

23 of Veterans Affairs.

24 (3) The report shall be submitted to the following:
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1 (A) The Committee on Armed Services and the

2 Committee on Veterans’ Affairs of the Senate.

3 (B) The Committee on National Security and

4 the Committee on Veterans’ Affairs of the House of

5 Representatives.

6 SEC. 710. LYME DISEASE.

7 Of the amounts authorized to be appropriated by this

8 Act for Defense Health Programs, $3,000,000 shall be

9 available for research and surveillance activities relating

10 to Lyme disease and other tick-borne diseases.

11 SEC. 711. ACCESSIBILITY TO CARE UNDER TRICARE.

12 (a) REHABILITATIVE SERVICES FOR HEAD INJU13 RIES.—The Secretary of Defense shall revise the

14 TRICARE policy manual to clarify that rehabilitative

15 services are available to a patient for a head injury when

16 the treating physician certifies that such services would

17 be beneficial for the patient and there is potential for the

18 patient to recover from the injury.

19 (b) REVIEW OF ADEQUACY OF PROVIDER NET20 WORK.—The Secretary of Defense shall review the admin21 istration of the TRICARE Prime health plans to deter22 mine whether, for the region covered by each such plan,

23 there is a sufficient number, distribution, and variety of

24 qualified participating health care providers to ensure that

25 all covered health care services, including specialty serv-
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1 ices, are available and accessible in a timely manner to

2 all persons covered by the plan. If the Secretary deter3 mines during the review that, in the region, there is an

4 inadequate network of providers to provide the covered

5 benefits in proximity to the permanent duty stations of

6 covered members of the uniformed services in the region,

7 or in proximity to the residences of other persons covered

8 by the plan in the region, the Secretary shall take such

9 actions as are necessary to ensure that the TRICARE

10 Prime plan network of providers in the region is adequate

11 to provide for all covered benefits to be available and ac12 cessible in a timely manner to all persons covered by the

13 plan.

14 SEC. 712. HEALTH BENEFITS FOR ABUSED DEPENDENTS OF

15 MEMBERS OF THE ARMED FORCES.

16 Paragraph (1) of section 1076(e) of title 10, United

17 States Code, is amended to read as follows:

18 ‘‘(1) The administering Secretary shall furnish

19 an abused dependent of a former member of a uni20 formed service described in paragraph (4), during

21 that period that the abused dependent is in receipt

22 of transitional compensation under section 1059 of

23 this title, with medical and dental care, including

24 mental health services, in facilities of the uniformed

25 services in accordance with the same eligibility and
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1 benefits as were applicable for that abused depend2 ent during the period of active service of the former

3 member.’’.

4 SEC. 713. PROCESS FOR WAIVING INFORMED CONSENT RE5 QUIREMENT FOR ADMINISTRATION OF CER6 TAIN DRUGS TO MEMBERS OF ARMED

7 FORCES.

8 (a) LIMITATION AND WAIVER.—(1) Section 1107 of

9 title 10, United States Code, is amended—

10 (A) by redesignating subsection (f) as sub11 section (g); and

12 (B) by inserting after subsection (e) the follow13 ing new subsection (f):

14 ‘‘(f) LIMITATION AND WAIVER.—(1) An investiga15 tional new drug or a drug unapproved for its applied use

16 may not be administered to a member of the armed forces

17 pursuant to a request or requirement referred to in sub18 section (a) unless—

19 ‘‘(A) the member provides prior consent to re20 ceive the drug in accordance with the requirements

21 imposed under the regulations required under para22 graph (4) of section 505(i) of the Federal Food,

23 Drug, and Cosmetic Act (21 U.S.C. 355(i)); or

24 ‘‘(B) the Secretary obtains—
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1 ‘‘(i) under such section a waiver of such

2 requirements; and

3 ‘‘(ii) a written statement that the Presi4 dent concurs in the determination of the Sec5 retary required under paragraph (2) and with

6 the Secretary’s request for the waiver.

7 ‘‘(2) The Secretary of Defense may request a waiver

8 referred to in paragraph (1)(B) in the case of any request

9 or requirement to administer a drug under this section

10 if the Secretary determines that obtaining consent is not

11 feasible, is contrary to the best interests of the members

12 involved, or is not in the best interests of national security.

13 Only the Secretary may exercise the authority to make the

14 request for the Department of Defense, and the Secretary

15 may not delegate that authority.

16 ‘‘(3) The Secretary shall submit to the chairman and

17 ranking minority member of each congressional defense

18 committee a notification of each waiver granted pursuant

19 to a request of the Secretary under paragraph (2), to20 gether with the concurrence of the President under para21 graph (1)(B) that relates to the waiver and the justifica22 tion for the request or requirement under subsection (a)

23 for a member to receive the drug covered by the waiver.

24 ‘‘(4) In this subsection, the term ‘congressional de25 fense committee’ means each of the following:
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1 ‘‘(A) The Committee on Armed Services and

2 the Committee on Appropriations of the Senate.

3 ‘‘(B) The Committee on National Security and

4 the Committee on Appropriations of the House of

5 Representatives.’’.

6 (2) The requirements for a concurrence of the Presi7 dent and a notification of committees of Congress that are

8 set forth in section 1107(f) of title 10, United States Code

9 (as added by paragraph (1)(B)) shall apply with respect

10 to—

11 (A) each waiver of the requirement for prior

12 consent imposed under the regulations required

13 under paragraph (4) of section 505(i) of the Federal

14 Food, Drug, and Cosmetic Act (or under any ante15 cedent provision of law or regulations) that—

16 (i) has been granted under that section (or

17 antecedent provision of law or regulations) be18 fore the date of the enactment of this Act; and

19 (ii) is applied after that date; and

20 (B) each waiver of such requirement that is

21 granted on or after that date.

22 (b) TIME AND FORM OF NOTICE.—(1) Subsection (b)

23 of such section is amended by striking out ‘‘, if prac24 ticable’’ and all that follows through ‘‘first administered

25 to the member’’.
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1 (2) Subsection (c) of such section is amended by

2 striking out ‘‘unless the Secretary of Defense determines’’

3 and all that follows through ‘‘alternative method’’.

4 TITLE VIII—ACQUISITION POL5 ICY, ACQUISITION MANAGE6 MENT, AND RELATED MAT7 TERS

8 SEC. 801. PARA-ARAMID FIBERS AND YARNS.

9 (a) AUTHORIZED SOURCES.—Chapter 141 of title 10,

10 United States Code is amended by adding at the end the

11 following:

12 ‘‘§ 2410n. Foreign manufactured para-aramid fibers

13 and yarns: procurement

14 ‘‘(a) AUTHORITY.—The Secretary of Defense may

15 procure articles containing para-aramid fibers and yarns

16 manufactured in a foreign country referred to in sub17 section (b).

18 ‘‘(b) FOREIGN COUNTRIES COVERED.—The author19 ity under subsection (a) applies with respect to a foreign

20 country that—

21 ‘‘(1) is a party to a defense memorandum of

22 understanding entered into under section 2531 of

23 this title; and

24 ‘‘(2) permits United States firms that manufac25 ture para-aramid fibers and yarns to compete with
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1 foreign firms for the sale of para-aramid fibers and

2 yarns in that country, as determined by the Sec3 retary of Defense.

4 ‘‘(c) APPLICABILITY TO SUBCONTRACTS.—The au5 thority under subsection (a) applies with respect to sub6 contracts under Department of Defense contracts as well

7 as to such contracts.

8 ‘‘(d) DEFINITIONS.—In this section, the terms

9 ‘United States firm’ and ‘foreign firm’ have the meanings

10 given such terms in section 2532(d) of this title.’’.

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

12 at the beginning of such chapter is amended by adding

13 at the end the following:

‘‘2410n. Foreign manufactured para-aramid fibers and yarns: procurement.’’.

14 SEC. 802. PROCUREMENT OF TRAVEL SERVICES FOR OFFI15 CIAL AND UNOFFICIAL TRAVEL UNDER ONE

16 CONTRACT.

17 (a) AUTHORITY.—Chapter 147 of title 10, United

18 States Code, is amended by inserting after section 2490a

19 the following new section:

20 ‘‘§ 2490b. Travel services: procurement for official

21 and unofficial travel under one contract

22 ‘‘(a) AUTHORITY.—The head of an agency may enter

23 into a contract for travel-related services that provides for

24 the contractor to furnish services for both official travel

25 and unofficial travel.
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1 ‘‘(b) CREDITS, DISCOUNTS, COMMISSIONS, FEES.—

2 (1) A contract entered into under this section may provide

3 for credits, discounts, or commissions or other fees to ac4 crue to the Department of Defense. The accrual and

5 amounts of credits, discounts, or commissions or other

6 fees may be determined on the basis of the volume (meas7 ured in the number or total amount of transactions or oth8 erwise) of the travel-related sales that are made by the

9 contractor under the contract.

10 ‘‘(2) The evaluation factors applicable to offers for

11 a contract under this section may include a factor that

12 relates to the estimated aggregate value of any credits,

13 discounts, commissions, or other fees that would accrue

14 to the Department of Defense for the travel-related sales

15 made under the contract.

16 ‘‘(3) Commissions or fees received by the Department

17 of Defense as a result of travel-related sales made under

18 a contract entered into under this section shall be distrib19 uted as follows:

20 ‘‘(A) For amounts relating to sales for official

21 travel, credit to appropriations available for official

22 travel for the fiscal year in which the amounts were

23 charged.

24 ‘‘(B) For amounts relating to sales for unoffi25 cial travel, deposit in nonappropriated fund accounts
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1 available for morale, welfare, and recreation pro2 grams.

3 ‘‘(c) DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘head of an agency’ has the

5 meaning given that term in section 2302(1) of this

6 title.

7 ‘‘(2) The term ‘official travel’ means travel at

8 the expense of the Federal Government.

9 ‘‘(3) The term ‘unofficial travel’ means personal

10 travel or other travel that is not paid for or reim11 bursed by the Federal Government out of appro12 priated funds.

13 ‘‘(d) INAPPLICABILITY TO COAST GUARD AND

14 NASA.—This section does not apply to the Coast Guard

15 when it is not operating as a service in the Navy, nor to

16 the National Aeronautics and Space Administration.’’.

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:

‘‘2490b. Travel services: procurement for official and unofficial travel under one

contract.’’.

20 SEC. 803. LIMITATION ON USE OF PRICE PREFERENCE

21 UPON ATTAINMENT OF CONTRACT GOAL FOR

22 SMALL AND DISADVANTAGED BUSINESSES.

23 Section 2323(e)(3) of title 10, United States Code,

24 is amended—
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1 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

2 (2) by inserting ‘‘, except as provided in (B),’’

3 after ‘‘the head of an agency may’’ in the first sen4 tence; and

5 (3) by adding at the end the following:

6 ‘‘(B) The head of an agency may not exercise the au7 thority under subparagraph (A) to enter into a contract

8 for a price exceeding fair market cost in the fiscal year

9 following a fiscal year in which the Department of Defense

10 attained the 5 percent goal required by subsection (a).’’.

11 SEC. 804. DISTRIBUTION OF ASSISTANCE UNDER THE PRO12 CUREMENT TECHNICAL ASSISTANCE COOP13 ERATIVE AGREEMENT PROGRAM.

14 (a) CORRECTION OF DESCRIPTION OF GEOGRAPHIC

15 UNIT.—Section 2413(c) of title 10, United States Code,

16 is amended by striking out ‘‘region’’ and inserting in lieu

17 thereof ‘‘district’’.

18 (b) ALLOCATION OF FUNDS.—(1) Section 2415 of

19 title 10, United States Code, is repealed.

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

21 142 of such title is amended by striking the item relating

22 to section 2415.
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1 SEC. 805. DEFENSE COMMERCIAL PRICING MANAGEMENT

2 IMPROVEMENT.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Defense Commercial Pricing Management Improvement

5 Act of 1998’’.

6 (b) COMMERCIAL ITEMS EXEMPT FROM COST OR

7 PRICING DATA CERTIFICATION REQUIREMENTS.—For

8 the purposes of this section, the term ‘‘exempt item’’

9 means a commercial item that is exempt under subsection

10 (b)(1)(B) of section 2306a of title 10, United States Code,

11 or subsection (b)(1)(B) of section 304A of the Federal

12 Property and Administrative Services Act of 1949 (41

13 U.S.C. 254b), from the requirements for submission of

14 certified cost or pricing data under that section.

15 (c) COMMERCIAL PRICING REGULATIONS.—(1) The

16 Federal Acquisition Regulation issued in accordance with

17 sections 6 and 25 of the Office of Federal Procurement

18 Policy Act shall be revised to clarify the procedures and

19 methods to be used for determining the reasonableness of

20 prices of exempt items.

21 (2) The regulations shall, at a minimum, provide spe22 cific guidance on—

23 (A) the appropriate application and precedence

24 of such price analysis tools as catalog-based pricing,

25 market-based pricing, historical pricing, parametric

26 pricing, and value analysis;
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1 (B) the circumstances under which contracting

2 officers should require offerors of exempt items to

3 provide—

4 (i) uncertified cost or pricing data; or

5 (ii) information on prices at which the of6 feror has previously sold the same or similar

7 items;

8 (C) the role and responsibility of Department of

9 Defense support organizations, such as the Defense

10 Contract Audit Agency, in procedures for determin11 ing price reasonableness; and

12 (D) the meaning and appropriate application of

13 the term ‘‘purposes other than governmental pur14 poses’’ in section 4(12) of the Office of Federal Pro15 curement Policy Act (41 U.S.C. 403(12)).

16 (3) This subsection shall cease to be effective one

17 year after the date on which final regulations prescribed

18 pursuant to paragraph (1) take effect.

19 (d) UNIFIED MANAGEMENT OF PROCUREMENT OF

20 EXEMPT COMMERCIAL ITEMS.—The Secretary of Defense

21 shall develop and implement procedures to ensure that, to

22 the maximum extent that is practicable and consistent

23 with the efficient operation of the Department of Defense,

24 a single item manager or contracting officer is responsible
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1 for negotiating and entering into all contracts for the pro2 curement of exempt items from a single contractor.

3 (e) COMMERCIAL PRICE TREND ANALYSIS.—(1) The

4 Secretary of Defense shall develop and implement proce5 dures that, to the maximum extent that is practicable and

6 consistent with the efficient operation of the Department

7 of Defense, provide for the collection and analysis of infor8 mation on price trends for categories of exempt items de9 scribed in paragraph (2).

10 (2) A category of exempt items referred to in para11 graph (1) consists of exempt items—

12 (A) that are in a single Federal Supply Group

13 or Federal Supply Class, are provided by a single

14 contractor, or are otherwise logically grouped for the

15 purpose of analyzing information on price trends;

16 and

17 (B) for which there is a potential for the price

18 paid to be significantly higher (on a percentage

19 basis) than the prices previously paid in procure20 ments of the same or similar items for the Depart21 ment of Defense, as determined by the head of the

22 procuring Department of Defense agency or the Sec23 retary of the procuring military department on the

24 basis of criteria prescribed by the Secretary of De25 fense.
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1 (3) The head of a Department of Defense agency or

2 the Secretary of a military department shall take appro3 priate action to address any unreasonable escalation in

4 prices being paid for items procured by that agency or

5 military department as identified in an analysis conducted

6 pursuant to paragraph (1).

7 (4)(A) Not later than 180 days after the date of the

8 enactment of this Act, the Under Secretary of Defense for

9 Acquisition and Technology shall submit to the congres10 sional defense committees a report describing the proce11 dures prescribed under paragraph (1), including a descrip12 tion of the criteria established for the selection of cat13 egories of exempt items for price trend analysis.

14 (B) Not later than April 1 of each of fiscal years

15 2000, 2001, and 2002, the Under Secretary of Defense

16 for Acquisition and Technology shall submit to the con17 gressional defense committees a report on the analyses of

18 price trends that were conducted for categories of exempt

19 items during the preceding fiscal year under the proce20 dures prescribed pursuant to paragraph (1). The report

21 shall include a description of the actions taken to identify

22 and address any unreasonable price escalation for the cat23 egories of items.

24 (f) SECRETARY OF DEFENSE TO ACT THROUGH

25 UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
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1 TECHNOLOGY.—The Secretary of Defense shall act

2 through the Under Secretary of Defense for Acquisition

3 and Technology to carry out subsections (d) and (e).

4 SEC. 806. DEPARTMENT OF DEFENSE PURCHASES

5 THROUGH OTHER AGENCIES.

6 (a) EXTENSION OF REGULATIONS.—Not later than

7 three months after the date of the enactment of this Act,

8 the Secretary of Defense shall revise the regulations issued

9 pursuant to section 844 of the National Defense Author10 ization Act for Fiscal Year 1994 (Public Law 103–160;

11 107 Stat. 1720; 31 U.S.C. 1535 note) to cover all pur12 chases of goods and services by the Department of De13 fense under contracts entered into or administered by any

14 other agency pursuant to the authority of section 2304a

15 of title 10, United States Code, or section 303H of the

16 Federal Property and Administrative Services Act (41

17 U.S.C. 253h).

18 (b) TERMINATION.—This section shall cease to be ef19 fective 1 year after the date on which final regulations

20 prescribed pursuant to subsection (a) take effect.
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1 SEC. 807. SUPERVISION OF DEFENSE ACQUISITION UNI2 VERSITY STRUCTURE BY UNDER SECRETARY

3 OF DEFENSE FOR ACQUISITION AND TECH4 NOLOGY.

5 Section 1702 of title 10, United States Code, is

6 amended by adding at the end the following: ‘‘The Under

7 Secretary shall prescribe policies and requirements for the

8 educational programs of the defense acquisition university

9 structure established under section 1746 of this title.’’.

10 SEC. 808. REPEAL OF REQUIREMENT FOR DIRECTOR OF

11 ACQUISITION EDUCATION, TRAINING, AND

12 CAREER DEVELOPMENT TO BE WITHIN THE

13 OFFICE OF THE UNDER SECRETARY OF DE14 FENSE FOR ACQUISITION AND TECHNOLOGY.

15 Section 1703 of title 10, United States Code, is

16 amended by striking out ‘‘within the office of the Under

17 Secretary’’.

18 SEC. 809. ELIGIBILITY OF INVOLUNTARILY DOWNGRADED

19 EMPLOYEE FOR MEMBERSHIP IN AN ACQUI20 SITION CORPS.

21 Section 1732(c) of title 10, United States Code, is

22 amended by adding at the end the following new para23 graph:

24 ‘‘(3) Paragraph (1) of subsection (b) shall not apply

25 to an employee who—
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1 ‘‘(A) having previously served in a position

2 within a grade referred to in subparagraph (A) of

3 that paragraph, is currently serving in the same po4 sition within a grade below GS–13, or in another po5 sition within that grade, by reason of a reduction in

6 force or the closure or realignment of a military in7 stallation, or for any other reason other by reason

8 of an adverse personnel action for cause; and

9 ‘‘(B) except as provided in paragraphs (1) and

10 (2), satisfies the educational, experience, and other

11 requirements prescribed under paragraphs (2), (3),

12 and (4) of that subsection.’’.

13 SEC. 810. PILOT PROGRAMS FOR TESTING PROGRAM MAN14 AGER PERFORMANCE OF PRODUCT SUPPORT

15 OVERSIGHT RESPONSIBILITIES FOR LIFE

16 CYCLE OF ACQUISITION PROGRAMS.

17 (a) DESIGNATION OF PILOT PROGRAMS.—The Sec18 retary of Defense, acting through the Secretaries of the

19 military departments, shall designate 10 acquisition pro20 grams of the military departments as pilot programs on

21 program manager responsibility for product support.

22 (b) RESPONSIBILITIES OF PROGRAM MANAGERS.—

23 The program manager for each acquisition program des24 ignated as a pilot program under this section shall have

25 the responsibility for ensuring that the product support
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1 functions for the program are properly carried out over

2 the entire life cycle of the program.

3 (c) REPORT.—Not later than February 1, 1999, the

4 Secretary of Defense shall submit to the congressional de5 fense committees a report on the pilot programs. The re6 port shall contain the following:

7 (1) A description of the acquisition programs

8 designated as pilot programs under subsection (a).

9 (2) For each such acquisition program, the spe10 cific management actions taken to ensure that the

11 program manager has the responsibility for oversight

12 of the performance of the product support functions.

13 (3) Any proposed change to law, policy, regula14 tion, or organization that the Secretary considers de15 sirable, and determines feasible to implement, for

16 ensuring that the program managers are fully re17 sponsible under the pilot programs for the perform18 ance of all such responsibilities.

19 SEC. 811. SCOPE OF PROTECTION OF CERTAIN INFORMA20 TION FROM DISCLOSURE.

21 Section 2371(i)(2)(A) of title 10, United States Code,

22 is amended by striking out ‘‘cooperative agreement that

23 includes a clause described in subsection (d)’’ and insert24 ing in lieu thereof ‘‘cooperative agreement for performance
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1 of basic, applied, or advanced research authorized by sec2 tion 2358 of this title’’.

3 SEC. 812. PLAN FOR RAPID TRANSITION FROM COMPLE4 TION OF SMALL BUSINESS INNOVATION RE5 SEARCH INTO DEFENSE ACQUISITION PRO6 GRAMS.

7 (a) PLAN REQUIRED.—Not later than February 1,

8 1999, the Secretary of Defense shall submit to the Com9 mittee on Armed Services of the Senate and the Commit10 tee on National Security of the House of Representatives

11 a plan for facilitating the rapid transition into Department

12 of Defense acquisition programs of successful first phase

13 and second phase activities under the Small Business In14 novation Research program under section 9 of the Small

15 Business Act (15 U.S.C. 638).

16 (b) CONDITIONS.—The plan submitted under sub17 section (a) shall—

18 (1) be consistent with the Small Business Inno19 vation Research program and with recent acquisition

20 reforms that are applicable to the Department of

21 Defense; and

22 (2) provide—

23 (A) a high priority for funding the projects

24 under the Small Business Innovation Research

25 program that are likely to be successful under
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1 a third phase agreement entered into pursuant

2 to section 9(r) of the Small Business Act (15

3 U.S.C. 638(r)); and

4 (B) for favorable consideration, in the ac5 quisition planning process, for funding projects

6 under the Small Business Innovation Research

7 program that are subject to a third phase

8 agreement described in subparagraph (A).

9 SEC. 813. SENIOR EXECUTIVES COVERED BY LIMITATION

10 ON ALLOWABILITY OF COMPENSATION FOR

11 CERTAIN CONTRACTOR PERSONNEL.

12 (a) DEFENSE CONTRACTS.—Section 2324(l)(5) of

13 title 10, United States Code, is amended to read as fol14 lows:

15 ‘‘(5) The term ‘senior executive’, with respect to

16 a contractor, means the five most highly com17 pensated employees in management positions at each

18 home office and segment of the contractor.’’.

19 (b) NON-DEFENSE CONTRACTS.—Section 306(m)(2)

20 of the Federal Property and Administrative Services Act

21 of 1949 (41 U.S.C. 256(m)(2)) is amended to read as fol22 lows:

23 ‘‘(2) The term ‘senior executive’, with respect to

24 a contractor, means the five most highly com-
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1 pensated employees in management positions at each

2 home office and segment of the contractor.’’.

3 (c) CONFORMING AMENDMENT.—Section 39(c)(2) of

4 the Office of Federal Procurement Policy Act (41 U.S.C.

5 435(c)(2)) is amended to read as follows:

6 ‘‘(2) The term ‘senior executive’, with respect to

7 a contractor, means the five most highly com8 pensated employees in management positions at each

9 home office and segment of the contractor.’’.

10 SEC. 814. SEPARATE DETERMINATIONS OF EXCEPTIONAL

11 WAIVERS OF TRUTH IN NEGOTIATION RE12 QUIREMENTS FOR PRIME CONTRACTS AND

13 SUBCONTRACTS.

14 (a) DEFENSE PROCUREMENTS.—Section

15 2306a(a)(5) of title 10, United States Code, is amended

16 to read as follows:

17 ‘‘(5) A waiver of requirements for submission of cer18 tified cost or pricing data that is granted under subsection

19 (b)(1)(C) in the case of a contract or subcontract does

20 not waive the requirement under paragraph (1)(C) for

21 submission of cost or pricing data in the case of sub22 contracts under that contract or subcontract unless the

23 head of the agency concerned determines that the require24 ment under that paragraph should be waived in the case
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1 of such subcontracts and justifies in writing the reasons

2 for the determination.’’.

3 (b) NON-DEFENSE PROCUREMENTS.—Section

4 304A(a)(5) of the Federal Property and Administrative

5 Services Act of 1949 (41 U.S.C. 254b(a)(5)) is amended

6 to read as follows:

7 ‘‘(5) A waiver of requirements for submission of cer8 tified cost or pricing data that is granted under subsection

9 (b)(1)(C) in the case of a contract or subcontract does

10 not waive the requirement under paragraph (1)(C) for

11 submission of cost or pricing data in the case of sub12 contracts under that contract or subcontract unless the

13 head of the executive agency concerned determines that

14 the requirement under that paragraph should be waived

15 in the case of such subcontracts and justifies in writing

16 the reasons for the determination.’’.

17 SEC. 815. FIVE-YEAR AUTHORITY FOR SECRETARY OF THE

18 NAVY TO EXCHANGE CERTAIN ITEMS.

19 (a) BARTER AUTHORITY.—The Secretary of the

20 Navy may enter into a barter agreement to exchange

21 trucks and other tactical vehicles for the repair and re22 manufacture of ribbon bridges for the Marine Corps in

23 accordance with section 201(c) of the Federal Property

24 and Administrative Services Act of 1949 (40 U.S.C.

25 481(c)), except that the requirement for items exchanged
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1 under that section to be similar items shall not apply to

2 the authority under this subsection.

3 (b) PERIOD OF AUTHORITY.—The authority to enter

4 into agreements under subsection (a) and to make ex5 changes under any such agreement is effective during the

6 5-year period beginning on October 1, 1998, and ending

7 at the end of September 30, 2003.

8 SEC. 816. CLARIFICATION OF RESPONSIBILITY FOR SUB9 MISSION OF INFORMATION ON PRICES PRE10 VIOUSLY CHARGED FOR PROPERTY OR SERV11 ICES OFFERED.

12 (a) ARMED SERVICES PROCUREMENTS.—Section

13 2306a(d)(1) of title 10, United States Code is amended—

14 (1) by striking out ‘‘the data submitted shall’’

15 in the second sentence and inserting in lieu thereof

16 the following: ‘‘the contracting officer shall require

17 that the data submitted’’; and

18 (2) by adding at the end the following: ‘‘Sub19 mission of data required of an offeror under the pre20 ceding sentence in the case of a contract or sub21 contract shall be a condition for the eligibility of the

22 offeror to enter into the contract or subcontract.’’.

23 (b) CIVILIAN AGENCY PROCUREMENTS.—Section

24 304A(d)(1) of the Federal Property and Administrative
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1 Services Act of 1949 (41 U.S.C. 254b(d)(1)), is

2 amended—

3 (1) by striking out ‘‘the data submitted shall’’

4 in the second sentence and inserting in lieu thereof

5 the following: ‘‘the contracting officer shall require

6 that the data submitted’’; and

7 (2) by adding at the end the following: ‘‘Sub8 mission of data required of an offeror under the pre9 ceding sentence in the case of a contract or sub10 contract shall be a condition for the eligibility of the

11 offeror to enter into the contract or subcontract.’’.

12 (c) CRITERIA FOR CERTAIN DETERMINATIONS.—Not

13 later than 180 days after the date of the enactment of

14 this Act, the Federal Acquisition Regulation shall be

15 amended to include criteria for contracting officers to

16 apply for determining the specific price information that

17 an offeror should be required to submit under section

18 2306(d) of title 10, United States Code, or section

19 304A(d) of the Federal Property and Administrative Serv20 ices Act of 1949 (41 U.S.C. 254b(d)).

21 SEC. 817. DENIAL OF QUALIFICATION OF A SMALL DIS22 ADVANTAGED BUSINESS SUPPLIER.

23 (a) No later than December 1, 1998, the Secretary

24 shall submit to the Congress a report recommending alter25 native means through which a refiner that qualifies as a
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1 small disadvantaged business and that delivers fuel by

2 barge to Defense Energy Supply Point-Anchorage under

3 a contract with the Defense Energy Supply Center can—

4 (1) fulfill its contractual obligations,

5 (2) maintain its status as a small disadvan6 taged business, and

7 (3) receive the small disadvantaged business

8 premium for the total amount of fuel under the con9 tract,

10 when ice conditions in Cook Inlet threaten physical deliv11 ery of such fuel.

12 (b) Any inability by such refiner to satisfy its contrac13 tual obligations to the Defense Energy Supply Center for

14 the delivery of fuel to Defense Energy Supply Point-An15 chorage may not be used as a basis for the denial of such

16 refiner’s small disadvantaged business status or small dis17 advantaged business premium for the total amount of fuel

18 under the contract, where such inability is a result of ice

19 conditions, as determined by the United States Coast

20 Guard, in Cook Inlet through February 1999, and if the

21 Secretary of Defense determines that such inability will

22 result in an inequity to the refiner.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 SEC. 901. REDUCTION IN NUMBER OF ASSISTANT SEC5 RETARY OF DEFENSE POSITIONS.

6 (a) NINE POSITIONS.—Section 138(a) of title 10,

7 United States Code, is amended by striking out ‘‘ten’’ and

8 insert in lieu thereof ‘‘nine’’.

9 (b) CONFORMING AMENDMENT.—The item relating

10 to the Assistant Secretaries of Defense in section 5315

11 of title 5, United States Code, is amended to read as fol12 lows:

13 ‘‘Assistant Secretaries of Defense (9).’’.

14 SEC. 902. RENAMING OF POSITION OF ASSISTANT SEC15 RETARY OF DEFENSE FOR COMMAND, CON16 TROL, COMMUNICATIONS, AND INTEL17 LIGENCE.

18 Section 138(b)(3) of title 10, United States Code is

19 amended to read as follows:

20 ‘‘(3) One of the Assistant Secretaries shall be the As21 sistant Secretary of Defense for Space and Information

22 Superiority. The Assistant Secretary—

23 ‘‘(A) shall have as his principal duty the overall

24 supervision of the functions of the Department of

25 Defense that relate to space, intelligence, informa-
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1 tion security, information operations, command, con2 trol, communications, computers, surveillance, recon3 naissance, and electromagnetic spectrum; and

4 ‘‘(B) shall be the Chief Information Officer of

5 the Department of Defense.’’.

6 SEC. 903. AUTHORITY TO EXPAND THE NATIONAL DE7 FENSE UNIVERSITY.

8 Section 2165(b) of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(7) Any other educational institution of the

11 Department of Defense that the Secretary considers

12 appropriate and designates as an institution of the

13 university.’’.

14 SEC. 904. REDUCTION IN DEPARTMENT OF DEFENSE

15 HEADQUARTERS STAFF.

16 (a) REDUCTION REQUIRED.—(1) The Secretary of

17 Defense shall reduce the number of Federal Government

18 employees and members of the Armed Forces on the head19 quarters staffs of Department of Defense organizations in

20 accordance with this section. The Secretary shall achieve

21 the required reductions not later than September 30,

22 2003.

23 (2) The total number of Federal Government employ24 ees and members of the Armed Forces on the head25 quarters staffs of all organizations within a category of
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1 organizations described in paragraph (4) shall be reduced

2 below the baseline number for the category by the percent3 age specified for the category in that paragraph. In the

4 administration of this section, the number of employees

5 employed on a basis other than a full time basis shall be

6 converted to, and expressed as, the equivalent number of

7 full time employees.

8 (3) For the purposes of this subsection, the baseline

9 number for the organizations in a category is the total

10 number of Federal Government employees and members

11 of the Armed Forces on the headquarters staffs of those

12 organizations on October 1, 1996.

13 (4) The categories of organizations, and the percent14 ages applicable under paragraph (1) to the organizations

15 in such categories, are as follows:

16 (A) The Office of the Secretary of Defense and

17 associated activities, a reduction of 33 percent.

18 (B) Defense agencies, a reduction of 21 per19 cent.

20 (C) Department of Defense field activities and

21 other operating organizations reporting to the Office

22 of the Secretary of Defense, a reduction of 36 per23 cent.

24 (D) The Joint Staff and associated activities, a

25 reduction of 29 percent.
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1 (E) The headquarters of the combatant com2 mands and associated activities, a reduction of 7

3 percent.

4 (F) Other headquarters elements (including the

5 headquarters of the military departments and their

6 major commands) and associated activities, a reduc7 tion of 29 percent.

8 (b) LIMITED RELIEF FROM PROHIBITION ON MAN9 AGING BY END-STRENGTH.—(1) The Secretary may waive

10 the requirements and restrictions of section 129 of title

11 10, United States Code, for an organization or activity

12 covered by subsection (a) to the extent that the Secretary

13 determines necessary to achieve the personnel reductions

14 required by that subsection.

15 (2) Not later than 30 days after exercising the waiver

16 authority under paragraph (1) in the case of an organiza17 tion or activity, the Secretary shall notify the congres18 sional defense committees of the scope and duration of the

19 waiver and the reasons for granting the waiver.

20 (c) MANAGEMENT BY BUDGET.—(1) The Secretary

21 shall waive the requirement under subsection (a) to reduce

22 the number of personnel on the headquarters staff of an

23 organization or activity if the Secretary determines that

24 the budget authority available for the organization or ac25 tivity for fiscal year 2003 has been reduced below the
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1 budget authority available for the organization or activity

2 for fiscal year 1996 by at least the percentage equal to

3 one-fifth of the percentage specified in subsection (a)(4)

4 for the category of the organization or activity.

5 (2) In this subsection, the term ‘‘budget authority’’

6 has the meaning given that term in section 3(2)(A) of the

7 Congressional Budget Act of 1974 (2 U.S.C. 622(2)(A)).

8 (d) JOINT AND DEFENSE-WIDE ACTIVITIES.—If the

9 Secretary consolidates functions in a Department of De10 fense-wide or joint organization or activity described in

11 subparagraph (A), (B), (C), (D), or (E) of subsection

12 (a)(4) in order to meet the requirement for reduction in

13 the personnel of the other headquarters (including the

14 headquarters of the military departments and their major

15 commands) referred to in subparagraph (F) of such sub16 section, the Secretary may apply to that organization or

17 activity, instead of the percentage that would otherwise

18 apply under such subsection, a lesser percentage that is

19 appropriate to reflect the increased responsibilities of the

20 organization or activity.

21 (e) REPORT.—Not later than March 1, 1999, the

22 Secretary of Defense shall submit to the congressional de23 fense committees a report containing a plan to implement

24 the personnel reductions required by this section.

25 (f) CATEGORIES DEFINED.—In this section:
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1 (1) The term ‘‘Office of the Secretary of De2 fense and associated activities’’ means the following

3 organizations and activities:

4 (A) The Office of the Secretary of Defense,

5 as defined in section 131 of title 10, United

6 States Code.

7 (B) The defense support activities that

8 perform technical and analytical support for the

9 Office of the Secretary of Defense.

10 (2) The term ‘‘defense agencies’’ means the fol11 lowing organizations and activities:

12 (A) The Ballistic Missile Defense Organi13 zation.

14 (B) The Defense Advanced Research

15 Projects Agency.

16 (C) The Defense Commissary Agency.

17 (D) The Defense Contract Audit Agency.

18 (E) The Defense Finance and Accounting

19 Services.

20 (F) The Defense Information Systems

21 Agency.

22 (G) The Defense Legal Services Agency.

23 (H) The Defense Logistics Agency.

24 (I) The Defense Security Assistance Agen25 cy.
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1 (J) The Defense Security Service.

2 (K) The Defense Special Weapons Agency.

3 (L) The On-Site Inspection Agency.

4 (M) The Treaty Compliance and Threat

5 Reduction Agency.

6 (3) The term ‘‘Department of Defense field ac7 tivities and other operating organizations reporting

8 to the Office of the Secretary of Defense’’ means the

9 following organizations and activities:

10 (A) The American Forces Information

11 Service.

12 (B) The TRICARE Support Office.

13 (C) The Office of Economic Adjustment.

14 (D) The Department of Defense Education

15 Activity.

16 (E) Washington Headquarters Services.

17 (F) The Department of Defense Human

18 Resources Activity.

19 (G) The Defense Prisoner of War/Missing

20 Personnel Office.

21 (H) The Defense Medical Programs Activ22 ity.

23 (I) The Defense Technology Security Ad24 ministration.

25 (J) The C4I Support Activity.
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1 (K) The Plans and Program Analysis Sup2 port Center.

3 (L) The Defense Airborne Reconnaissance

4 Office.

5 (M) The Defense Acquisition University.

6 (N) The Director of Military Support.

7 (O) The Defense Technical Information

8 Center.

9 (P) The National Defense University.

10 (4) The term ‘‘Joint Staff and associated activi11 ties’’ means the following organizations and activi12 ties:

13 (A) The Joint Staff referred to in section

14 155 of title 10, United States Code.

15 (B) Department of Defense activities that

16 are controlled by the Chairman of the Joint

17 Chiefs of Staff and report directly to the Joint

18 Staff.

19 (5) The term ‘‘headquarters of the combatant

20 commands’’ means the headquarters of the combat21 ant commands, as defined in section 161(c)(3) of

22 title 10, United States Code.

23 (6) The term ‘‘other headquarters elements (in24 cluding the headquarters of the military departments
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1 and their major commands)’’ means the following

2 organizations and activities:

3 (A) The military department headquarters

4 listed and defined in Department of Defense

5 Directive 5100.73, ‘‘Department of Defense

6 Management Headquarters and Headquarters

7 Support Activities’’, as in effect on November

8 12, 1996.

9 (B) Other military headquarters elements

10 defined in such directive that are not otherwise

11 covered by paragraphs (1), (2), (3), (4), and

12 (5).

13 (g) REPEAL OF SUPERSEDED PROVISIONS.—(1) Sec14 tions 130a and 194 of title 10, United States Code, are

15 repealed.

16 (2)(A) The table of sections at the beginning of chap17 ter 3 of such title is amended by striking out the item

18 relating to section 130a.

19 (B) The table of sections at the beginning of chapter

20 8 of such title is amended by striking out the item relating

21 to section 194.
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1 SEC. 905. PERMANENT REQUIREMENT FOR QUADRENNIAL

2 DEFENSE REVIEW.

3 (a) REVIEW REQUIRED.—Chapter 2 of title 10,

4 United States Code, is amended by inserting after section

5 116 the following:

6 ‘‘§ 117. Quadrennial defense review

7 ‘‘(a) REVIEW REQUIRED.—The Secretary of Defense,

8 in consultation with the Chairman of the Joint Chiefs of

9 Staff, shall conduct in each year in which a President is

10 inaugurated a comprehensive examination of the defense

11 strategy, force structure, force modernization plans, infra12 structure, budget plan, and other elements of the defense

13 program and policies with a view toward determining and

14 expressing the defense strategy of the United States and

15 establishing a revised defense plan for the ensuing 10

16 years and a revised defense plan for the ensuing 20 years.

17 ‘‘(b) CONSIDERATION OF REPORTS OF NATIONAL

18 DEFENSE PANEL.—In conducting the review, the Sec19 retary shall take into consideration the reports of the Na20 tional Defense Panel submitted under section 181(d) of

21 this title.

22 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall

23 submit a report on each review to the Committee on

24 Armed Services of the Senate and the Committee on Na25 tional Security of the House of Representatives not later
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1 than September 30 of the year in which the review is con2 ducted. The report shall include the following:

3 ‘‘(1) The results of the review, including a com4 prehensive discussion of the defense strategy of the

5 United States and the force structure best suited to

6 implement that strategy.

7 ‘‘(2) The threats examined for purposes of the

8 review and the scenarios developed in the examina9 tion of such threats.

10 ‘‘(3) The assumptions used in the review, in11 cluding assumptions relating to the cooperation of

12 allies and mission-sharing, levels of acceptable risk,

13 warning times, and intensity and duration of con14 flict.

15 ‘‘(4) The effect on the force structure of prep16 arations for and participation in peace operations

17 and military operations other than war.

18 ‘‘(5) The effect on the force structure of the

19 utilization by the Armed Forces of technologies an20 ticipated to be available for the ensuing 10 years

21 and technologies anticipated to be available for the

22 ensuing 20 years, including precision guided muni23 tions, stealth, night vision, digitization, and commu24 nications, and the changes in doctrine and oper-
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1 ational concepts that would result from the utiliza2 tion of such technologies.

3 ‘‘(6) The manpower and sustainment policies

4 required under the defense strategy to support en5 gagement in conflicts lasting more than 120 days.

6 ‘‘(7) The anticipated roles and missions of the

7 reserve components in the defense strategy and the

8 strength, capabilities, and equipment necessary to

9 assure that the reserve components can capably dis10 charge those roles and missions.

11 ‘‘(8) The appropriate ratio of combat forces to

12 support forces (commonly referred to as the ‘‘tooth13 to-tail’’ ratio) under the defense strategy, including,

14 in particular, the appropriate number and size of

15 headquarter units and Defense Agencies for that

16 purpose.

17 ‘‘(9) The air-lift and sea-lift capabilities re18 quired to support the defense strategy.

19 ‘‘(10) The forward presence, pre-positioning,

20 and other anticipatory deployments necessary under

21 the defense strategy for conflict deterrence and ade22 quate military response to anticipated conflicts.

23 ‘‘(11) The extent to which resources must be

24 shifted among two or more theaters under the de-
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1 fense strategy in the event of conflict in such thea2 ters.

3 ‘‘(12) The advisability of revisions to the Uni4 fied Command Plan as a result of the defense strat5 egy.

6 ‘‘(13) Any other matter the Secretary considers

7 appropriate.’’.

8 (b) NATIONAL DEFENSE PANEL.—Chapter 7 of such

9 title is amended by adding at the end the following:

10 ‘‘§ 181. National Defense Panel

11 ‘‘(a) ESTABLISHMENT.—Not later than January 1 of

12 each year immediately preceding a year in which a Presi13 dent is to be inaugurated, the Secretary of Defense shall

14 establish a nonpartisan, independent panel to be known

15 as the National Defense Panel. The Panel shall have the

16 duties set forth in this section.

17 ‘‘(b) MEMBERSHIP.—The Panel shall be composed of

18 a chairman and eight other individuals appointed by the

19 Secretary, in consultation with the chairman and ranking

20 member of the Committee on Armed Services of the Sen21 ate and the chairman and ranking member of the Commit22 tee on National Security of the House of Representatives,

23 from among individuals in the private sector who are rec24 ognized experts in matters relating to the national security

25 of the United States.
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1 ‘‘(c) DUTIES.—The Panel shall—

2 ‘‘(1) conduct and submit to the Secretary of

3 Defense and to the Committee on Armed Services of

4 the Senate and the Committee on National Security

5 of the House of Representatives a comprehensive as6 sessment of the defense strategy, force structure,

7 force modernization plans, infrastructure, budget

8 plan, and other elements of the defense program and

9 policies with a view toward recommending a defense

10 strategy of the United States and a revised defense

11 plan for the ensuing 10 years and a revised defense

12 plan for the ensuing 20 years; and

13 ‘‘(2) identify issues that the Panel recommends

14 for assessment during the next review to be con15 ducted under section 117 of this title.

16 ‘‘(d) REPORT.—(1) The Panel, in the year that it is

17 conducting an assessment under subsection (c), shall sub18 mit to the Secretary of Defense and to the Committee on

19 Armed Services of the Senate and the Committee on Na20 tional Security of the House of Representatives two re21 ports on its activities and the findings and recommenda22 tions of the Panel, including any recommendations for leg23 islation that the Panel considers appropriate, as follows:

24 ‘‘(A) An interim report not later than July 1 of

25 the year.
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1 ‘‘(B) A final report not later than December 1

2 of the year.

3 ‘‘(2) Not later than December 15 of the year in which

4 the Secretary receive a final report under paragraph

5 (1)(B), the Secretary shall submit to the committees re6 ferred to in subsection (b) a copy of the report together

7 with the Secretary’s comments on the report.

8 ‘‘(e) INFORMATION FROM FEDERAL AGENCIES.—

9 The Panel may secure directly from the Department of

10 Defense and any of its components and from any other

11 Federal department and agency such information as the

12 Panel considers necessary to carry out its duties under

13 this section. The head of the department or agency con14 cerned shall ensure that information requested by the

15 Panel under this subsection is promptly provided.

16 ‘‘(f) PERSONNEL MATTERS.—(1) Each member of

17 the Panel shall be compensated at a rate equal to the daily

18 equivalent of the annual rate of basic pay prescribed for

19 level IV of the Executive Schedule under section 5315 of

20 title 5 for each day (including travel time) during which

21 the member is engaged in the performance of the duties

22 of the Panel.

23 ‘‘(2) The members of the Panel shall be allowed travel

24 expenses, including per diem in lieu of subsistence, at

25 rates authorized for employees of agencies under sub-
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1 chapter I of chapter 57 of title 5 while away from their

2 homes or regular places of business in the performance

3 of services for the Panel.

4 ‘‘(3)(A) The chairman of the Panel may, without re5 gard to the civil service laws and regulations, appoint and

6 terminate an executive director and a staff if the Panel

7 determines that an executive director and staff are nec8 essary in order for the Panel to perform its duties effec9 tively. The employment of an executive director shall be

10 subject to confirmation by the Panel.

11 ‘‘(B) The chairman may fix the compensation of the

12 executive director without regard to the provisions of

13 chapter 51 and subchapter III of chapter 53 of title 5 re14 lating to classification of positions and General Schedule

15 pay rates, except that the rate of pay for the executive

16 director may not exceed the rate payable for level V of

17 the Executive Schedule under section 5316 of such title.

18 ‘‘(4) Any Federal Government employee may be de19 tailed to the Panel without reimbursement of the employ20 ee’s agency, and such detail shall be without interruption

21 or loss of civil service status or privilege. The Secretary

22 shall ensure that sufficient personnel are detailed to the

23 Panel to enable the Panel to carry out its duties effec24 tively.
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1 ‘‘(5) To the maximum extent practicable, the mem2 bers and employees of the Panel shall travel on military

3 aircraft, military ships, military vehicles, or other military

4 conveyances when travel is necessary in the performance

5 of a duty of the Panel, except that no such aircraft, ship,

6 vehicle, or other conveyance may be scheduled primarily

7 for the transportation of any such member or employee

8 when the cost of commercial transportation is less expen9 sive.

10 ‘‘(g) ADMINISTRATIVE PROVISIONS.—(1) The Panel

11 may use the United States mails and obtain printing and

12 binding services in the same manner and under the same

13 conditions as other departments and agencies of the Fed14 eral Government.

15 ‘‘(2) The Secretary shall furnish the Panel any ad16 ministrative and support services requested by the Panel.

17 ‘‘(3) The Panel may accept, use, and dispose of gifts

18 or donations of services or property.

19 ‘‘(h) PAYMENT OF PANEL EXPENSES.—The com20 pensation, travel expenses, and per diem allowances of

21 members and employees of the Panel shall be paid out of

22 funds available to the Department of Defense for the pay23 ment of compensation, travel allowances, and per diem al24 lowances, respectively, of civilian employees of the Depart25 ment. The other expenses of the Panel shall be paid out
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1 of funds available to the Department for the payment of

2 similar expenses incurred by the Department.

3 ‘‘(i) TERMINATION.—The Panel shall terminate at

4 the end of the year following the year in which the Panel

5 submits its final report under subsection (d)(1)(B). For

6 the period that begins 90 days after the date of submittal

7 of the report, the activities and staff of the panel shall

8 be reduced to a level that the Secretary of Defense consid9 ers sufficient to continue the availability of the panel for

10 consultation with the Secretary of Defense and with the

11 Committee on Armed Services of the Senate and the Com12 mittee on National Security of the House of Representa13 tives.’’.

14 (c) CLERICAL AMENDMENTS.—(1) The table of sec15 tions at the beginning of chapter 2 of title 10, United

16 States Code, is amended by inserting after the item relat17 ing to section 116 the following:

‘‘117. Quadrennial defense review.’’.

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

19 7 of such title is amended by adding at the end the follow20 ing:

‘‘181. National Defense Panel.’’.

21 (d) CONTINUATION OF 1997 NATIONAL DEFENSE

22 PANEL.—Section 924(j) of the Military Force Structure

23 Review Act of 1996 (subtitle B of title IX of Public Law
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1 104–201; 110 Stat. 2626; 10 U.S.C. 111 note) is amended

2 to read as follows:

3 ‘‘(j) TERMINATION.—The Panel shall continue until

4 the first National Defense Panel is established under sec5 tion 181(a) of title 10, United States Code, and shall then

6 terminate. The activities and staff of the panel shall be

7 reduced to a level that the Secretary of Defense considers

8 sufficient to continue the availability of the panel for con9 sultation with the Secretary of Defense and with the Com10 mittee on Armed Services of the Senate and the Commit11 tee on National Security of the House of Representa12 tives.’’.

13 SEC. 906. MANAGEMENT REFORM FOR RESEARCH, DEVEL14 OPMENT, TEST, AND EVALUATION.

15 (a) REQUIREMENTS FOR ANALYSIS AND PLAN.—(1)

16 The Secretary of Defense, acting through the Under Sec17 retary of Defense for Acquisition and Technology, shall

18 analyze the structures and processes of the Department

19 of Defense for management of its laboratories and test

20 and evaluation centers and, taking into consideration the

21 analysis, develop a plan for improving the management of

22 the laboratories and centers. The plan shall include the

23 reorganizations and reforms that the Secretary considers

24 appropriate.

25 (2) The analysis shall include the following:
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1 (A) Opportunities to achieve efficiency and re2 duce duplication of efforts by consolidating respon3 sibilities for research, development, test, and evalua4 tion, by area or function, in a military department

5 as a lead agency or executive agent.

6 (B) Reforms of the management processes of

7 Department of Defense laboratories and test and

8 evaluation centers that would reduce costs and in9 crease efficiency in the conduct of research, develop10 ment, test, and evaluation.

11 (C) Opportunities for Department of Defense

12 laboratories and test and evaluation centers to enter

13 into partnership arrangements with laboratories in

14 industry, academia, and other Federal agencies that

15 demonstrate leadership, initiative, and innovation in

16 research, development, test, and evaluation.

17 (D) The benefits of consolidating test ranges

18 and test facilities under one management structure.

19 (E) Personnel demonstration projects and pilot

20 projects that are being carried out to address the

21 challenges for and constraints on recruitment and

22 retention of scientists and engineers.

23 (F) The extent to which there is disseminated

24 within the Department of Defense laboratories and

25 test and evaluation centers information regarding
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1 initiatives that have successfully improved efficiency

2 through reform of management processes and other

3 means.

4 (G) Any cost savings that can be derived di5 rectly from reorganization of management struc6 tures.

7 (H) Options for reinvesting any such cost sav8 ings in the Department of Defense laboratories and

9 test and evaluation centers.

10 (3) The Secretary shall submit the plan required

11 under paragraph (1) to the congressional defense commit12 tees not later than 180 days after the date of the enact13 ment of this Act.

14 (b) COST-BASED MANAGEMENT INFORMATION SYS15 TEM.—(1) The Secretary of Defense shall develop a plan,

16 including a schedule, for establishing a cost-based man17 agement information system for Department of Defense

18 laboratories and test and evaluation centers. The system

19 shall provide for accurately identifying and comparing the

20 costs of operating each laboratory and each center.

21 (2) In preparing the plan, the Secretary shall assess

22 the feasibility and desirability of establishing a common

23 methodology for assessing costs. The Secretary shall con24 sider the use of a revolving fund as one potential meth25 odology.
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1 (3) The Secretary shall submit the plan required

2 under paragraph (1) to the congressional defense commit3 tees not later than 90 days after the date of the enactment

4 of this Act.

5 SEC. 907. RESTRUCTURING OF ADMINISTRATION OF FISH6 ER HOUSES.

7 (a) ADMINISTRATION AS NONAPPROPRIATED FUND

8 INSTRUMENTALITY.—(1) Chapter 147 of title 10, United

9 States Code, is amended by adding at the end the follow10 ing:

11 ‘‘§ 2490b. Fisher Houses: administration as non12 appropriated fund instrumentality

13 ‘‘(a) FISHER HOUSES AND SUITES.—(1) For the

14 purposes of this section, a Fisher House is a housing facil15 ity that—

16 ‘‘(A) is located in proximity to a health care fa17 cility of the Army, the Air Force, or the Navy;

18 ‘‘(B) is available for residential use on a tem19 porary basis by patients of that health care facility,

20 members of the families of such patients, and others

21 providing the equivalent of familial support for such

22 patients; and

23 ‘‘(C) has been constructed and donated by—

24 ‘‘(i) the Zachary and Elizabeth M. Fisher

25 Armed Services Foundation; or
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1 ‘‘(ii) another source, if the Secretary des2 ignates the housing facility as a Fisher House.

3 ‘‘(2) For the purposes of this section, a Fisher Suite

4 is one or more rooms that meet the requirements of sub5 paragraph (A) and (B) of paragraph (1), are constructed,

6 altered, or repaired and donated by a source described in

7 subparagraph (C) of that paragraph, and are designated

8 by the Secretary concerned as a Fisher Suite.

9 ‘‘(b) NONAPPROPRIATED FUND INSTRUMENTAL10 ITY.—The Secretary of a military department shall admin11 ister all Fisher Houses and Fisher Suites associated with

12 health care facilities of that military department as a non13 appropriated fund instrumentality of the United States.

14 ‘‘(c) GOVERNANCE.—The Secretary shall establish a

15 system for the governance of the nonappropriated fund in16 strumentality.

17 ‘‘(d) CENTRAL FUND.—The Secretary shall establish

18 a single fund as the source of funding for the operation,

19 maintenance, and improvement of all Fisher Houses and

20 Fisher Suites of the nonappropriated fund instrumental21 ity.

22 ‘‘(e) ACCEPTANCE OF CONTRIBUTIONS AND FEES.—

23 The Secretary of a military department may accept

24 money, property, and services donated for the support of

25 a Fisher House or Fisher Suite, and may impose fees re-
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1 lating to the use of the Fisher Houses and Fisher Suites.

2 All monetary donations, and the proceeds of the disposal

3 of any other donated property, accepted by the Secretary

4 under this subsection shall be credited to the fund estab5 lished under subsection (d) for the Fisher Houses and

6 Fisher Suites of that military department and shall be

7 available for all Fisher Houses and Fisher Suites of that

8 military department.

9 ‘‘(f) ANNUAL REPORT.—Not later than January 15

10 of each year, the Secretary of each military department

11 shall submit a report on Fisher House operations to the

12 Committee on Armed Services of the Senate and the Com13 mittee on National Security of the House of Representa14 tives. The report shall include, at a minimum, the follow15 ing:

16 ‘‘(1) The amount in the fund established by the

17 Secretary for the Fisher Houses and Fisher Suites

18 under subsection (d), as of October 1 of the previous

19 year.

20 ‘‘(2) The operation of the fund during the fiscal

21 year ending on the day before that date, including—

22 ‘‘(A) all gifts, fees, and interest credited to

23 the fund; and

24 ‘‘(B) the disbursements from the fund.
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1 ‘‘(3) The budget for the operation of the Fisher

2 Houses and Fisher Suites for the fiscal year in

3 which the report is submitted.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by adding at the end the following:

‘‘2490b. Fisher Houses: administration as nonappropriated fund instrumentality.’’.

6 (b) FUNDING TRANSITION.—(1) Not later than 90

7 days after the date of the enactment of this Act the Sec8 retary of each military department shall—

9 (A) establish the fund required under section

10 2490b(d) of title 10, United States Code (as added

11 by subsection (a)); and

12 (B) close the Fisher House trust fund for that

13 department and transfer the amounts in the closed

14 fund to the newly established fund.

15 (2) Of the amounts appropriated for the Navy pursu16 ant to section 301, the Secretary of the Navy shall trans17 fer to the fund established by the Secretary under section

18 2490b(d) of title 10, United States Code (as added by sub19 section (a)) such amount as the Secretary considers appro20 priate for establishing in the fund a corpus sufficient for

21 operating Fisher Houses and Fisher Suites of the Navy.

22 (3) Of the amounts appropriated for the Air Force

23 pursuant to section 301, the Secretary of the Air Force

24 shall transfer to the fund established by the Secretary
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1 under section 2490b(d) of title 10, United States Code

2 (as added by subsection (a)) such amount as the Secretary

3 considers appropriate for establishing in the fund a corpus

4 sufficient for operating Fisher Houses and Fisher Suites

5 of the Air Force.

6 (4) The Secretary of each military department, upon

7 completing the actions required of the Secretary under the

8 preceding paragraphs of this subsection, shall submit to

9 Congress a report containing—

10 (A) the Secretary’s certification that those ac11 tions have been completed; and

12 (B) a statement of the amount deposited in the

13 newly established fund.

14 (5) Amounts transferred to a fund established under

15 section 2490b(d) of title 10, United States Code (as added

16 by subsection (a)), shall be available without fiscal year

17 limitation for the purposes for which the fund is estab18 lished and shall be administered as nonappropriated

19 funds.

20 (c) CONFORMING REPEALS.—(1) Section 2221 of

21 title 10, United States Code, and the item relating to that

22 section in the table of sections at the beginning of chapter

23 131 of such title, are repealed.
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1 (2) Section 1321(a) of title 31, United States Code,

2 is amended by striking out paragraphs (92), (93), and

3 (94).

4 (3) The amendments made by paragraphs (1) and (2)

5 shall take effect 90 days after the date of the enactment

6 of this Act.

7 SEC. 908. REDESIGNATION OF DIRECTOR OF DEFENSE RE8 SEARCH AND ENGINEERING AS DIRECTOR OF

9 DEFENSE TECHNOLOGY AND

10 COUNTERPROLIFERATION AND TRANSFER

11 OF RESPONSIBILITIES.

12 (a) REDESIGNATION.—Subsection (a) of section 137

13 of title 10, United States Code, is amended by striking

14 out ‘‘Director of Defense Research and Engineering’’ and

15 inserting in lieu thereof ‘‘Director of Defense Technology

16 and Counterproliferation’’.

17 (b) DUTIES.—Subsection (b) of such section 137 is

18 amended to read as follows:

19 ‘‘(b) The Director of Defense Technology and

20 Counterproliferation shall—

21 ‘‘(1) except as otherwise prescribed by the Sec22 retary of Defense, perform such duties relating to

23 research and engineering as the Under Secretary of

24 Defense for Acquisition and Technology may pre25 scribe;
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1 ‘‘(2) advise the Secretary of Defense on matters

2 relating to nuclear energy and nuclear weapons;

3 ‘‘(3) serve as the Staff Director of the Joint

4 Nuclear Weapons Council under section 179 of this

5 title; and

6 ‘‘(4) perform such other duties as the Secretary

7 of Defense may prescribe.’’.

8 (c) ABOLISHMENT OF POSITION OF ASSISTANT TO

9 THE SECRETARY OF DEFENSE FOR NUCLEAR AND CHEM10 ICAL AND BIOLOGICAL DEFENSE PROGRAMS.—Section

11 142 of such title is repealed.

12 (d) CONFORMING AMENDMENTS.—(1) Title 5,

13 United States Code, is amended as follows:

14 (A) In section 5315, by striking out ‘‘Director

15 of Defense Research and Engineering’’ and inserting

16 in lieu thereof the following:

17 ‘‘Director of Defense Technology and

18 Counterproliferation’’.

19 (B) In section 5316, by striking out ‘‘Assistant

20 to the Secretary of Defense for Nuclear and Chemi21 cal and Biological Defense Programs, Department of

22 Defense.’’.

23 (2) Title 10, United States Code, is amended as fol24 lows:
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1 (A) In section 131(b), by striking out para2 graph (6) and inserting in lieu thereof the following:

3 ‘‘(6) Director of Defense Technology and

4 Counterproliferation.’’.

5 (B) In section 138(d), by striking out ‘‘Director

6 of Defense Research and Engineering’’ and inserting

7 in lieu thereof ‘‘Director of Defense Technology and

8 Counterproliferation’’.

9 (C) In section 179(c)(2), by striking out ‘‘As10 sistant to the Secretary of Defense for Nuclear and

11 Chemical and Biological Defense Programs’’ and in12 serting in lieu thereof ‘‘Director of Defense Tech13 nology and Counterproliferation’’.

14 (D) In section 2350a(g)(3), by striking out

15 ‘‘Deputy Director, Defense Research and Engineer16 ing (Test and Evaluation)’’ and inserting in lieu

17 thereof ‘‘Under Secretary of Defense for Acquisition

18 and Technology’’.

19 (E) In section 2617(a), by striking out ‘‘Direc20 tor of Defense Research and Engineering’’ and in21 serting in lieu thereof ‘‘Director of Defense Tech22 nology and Counterproliferation’’.

23 (F) In section 2902(b), by striking out para24 graph (1) and inserting in lieu thereof the following:
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1 ‘‘(1) The Director of Defense Technology and

2 Counterproliferation.’’.

3 (3) Section 257(a) of the National Defense Author4 ization Act for Fiscal Year 1995 (10 U.S.C. 2358 note)

5 is amended by striking out ‘‘Director of Defense Research

6 and Engineering’’ and inserting in lieu thereof ‘‘Director

7 of Defense Technology and Counterproliferation’’.

8 (4) The National Defense Authorization Act for Fis9 cal Year 1994 is amended as follows:

10 (A) In section 802(a) (10 U.S.C. 2358 note),

11 by striking out ‘‘Director of Defense Research and

12 Engineering’’ and inserting in lieu thereof ‘‘Director

13 of Defense Technology and Counterproliferation’’.

14 (B) In section 1605(a)(5), (22 U.S.C. 2751

15 note) by striking out ‘‘Assistant to the Secretary of

16 Defense for Nuclear and Chemical and Biological

17 Defense Programs’’ and inserting in lieu thereof

18 ‘‘Director of Defense Technology and

19 Counterproliferation’’.

20 (e) CLERICAL AMENDMENTS.—(1) The section head21 ing of section 137 of title 10, United States Code, is

22 amended to read as follows:
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1 ‘‘§ 137. Director of Defense Technology and

2 Counterproliferation’’.

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

4 4 of title 10, United States Code, is amended—

5 (A) by striking out the item relating to section

6 137 and inserting in lieu thereof the following:

‘‘137. Director of Defense Technology and Counterproliferation.’’;

7 and

8 (B) by striking out the item relating to section

9 142.

10 SEC. 909. CENTER FOR HEMISPHERIC DEFENSE STUDIES.

11 (a) FUNDING FOR CENTER FOR HEMISPHERIC DE12 FENSE STUDIES.—(1) Chapter 108 of title 10, United

13 States Code, is amended by adding at the end the follow14 ing:

15 ‘‘§ 2166. National Defense University: funding of com16 ponent institution

17 ‘‘Funds available for the payment of personnel ex18 penses under the Latin American cooperation authority

19 set forth in section 1050 of this title are also available

20 for the costs of the operation of the Center for Hemi21 spheric Defense Studies.’’.

22 (2) The table of sections at the beginning of such

23 chapter is amended by adding at the end the following:

‘‘2166. National Defense University: funding of component institution.’’.
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1 (b) CONFORMING AMENDMENT.—Section 1050 of

2 title 10, United States Code, is amended by inserting

3 ‘‘Secretary of Defense or the’’ before ‘‘Secretary of a mili4 tary department’’.

5 SEC. 910. MILITARY AVIATION ACCIDENT INVESTIGATIONS.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) In February 1996, the Government Ac9 counting Office released a report highlighting a 75

10 percent reduction in aviation Class A mishaps, a 70

11 percent reduction in aviation mishap fatalities and a

12 65 percent reduction in Class A mishap rates from

13 1975–1995 (Military Aircraft Safety—Significant

14 Improvements since 1975).

15 (2) In February 1998, the Government Ac16 counting Office completed a follow-up review of mili17 tary aircraft safety, noting that the military experi18 enced fewer serious aviation mishaps in fiscal years

19 1996 and 1997 than in previous fiscal years (Mili20 tary Aircraft Safety: Serious Accidents Remain at

21 Historically Low Levels).

22 (3) The report required by section 1046 of the

23 National Defense Authorization Act for fiscal year

24 1998 (Public Law 105–85; 111 Stat. 1888) con25 cluded, ‘‘DoD found no evidence that changing exist-
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1 ing investigation processes to more closely resemble

2 those of the NTSB would help DoD to find more an3 swers more quickly, or accurately’’.

4 (4) The Department of Defense must further

5 improve its aviation safety by fully examining all op6 tions for improving or replacing its current aviation

7 accident investigation processes.

8 (5) The inter-service working group formed as

9 a result of that report has contributed to progress

10 in military aviation accident investigations by identi11 fying ways to improve family assistance, as has the

12 formal policy direction coordinated by the Office of

13 the Secretary of Defense.

14 (6) Such progress includes the issuance of Air

15 Force Instruction 90–701 entitled ‘‘Assistance to

16 Families of Persons Involved in Air Force Aviation

17 Mishaps’’, that attempts to meet the need for a

18 more timely flow of relevant information to families,

19 a family liaison officer, and the establishment of the

20 Air Force Office of Family Assistance. However, for21 mal policy directions and Air Force instructions have

22 not adequately addressed the failure to provide pri23 mary next of kin of members of the Armed Forces

24 involved in military aviation accidents with interim

25 reports regarding the course of investigations into
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1 such accidents, and the Department of Defense must

2 improve its procedures for informing the families of

3 the persons involved in military aviation mishaps.

4 (7) The report referred to in paragraph (3)

5 concluded that the Department would ‘‘benefit from

6 the disappearance of the misperception that the priv7 ileged portion of the safety investigation exists to

8 hide unfavorable information’’.

9 (8) That report further specified that ‘‘[e]ach

10 Military Department has procedures in place to

11 place to provide redacted copies of the final [privi12 leged] safety report to the families. However, fami13 lies must formally request a copy of the final safety

14 investigation report’’.

15 (9) Current efforts to improve family notification

16 would be enhanced by the issuance by the Secretary of

17 Defense of uniform regulations to improve the timeliness

18 and reliability of information provided to the primary next

19 of kin of persons involved in military aviation accidents

20 during and following both the legal investigation and safe21 ty investigation phases of such investigations.

22 (b) EVALUATION OF DEPARTMENT OF DEFENSE

23 AVIATION ACCIDENT INVESTIGATION PROCEDURES.—(1)

24 The Secretary of Defense shall establish a task force to—
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1 (A) review the procedures employed by the De2 partment of Defense to conduct military aviation ac3 cident investigations; and

4 (B) identify mechanisms for improving such in5 vestigations and the military aviation accident inves6 tigation process.

7 (2) The Secretary shall appoint to the task force the

8 following:

9 (A) An appropriate number of members of the

10 Armed Forces, including both members of the regu11 lar components and the reserve components, who

12 have experience relating to military aviation or in13 vestigations into military aviation accidents.

14 (B) An appropriate number of former members

15 of the Armed Forces who have such experience.

16 (C) With the concurrence of the member con17 cerned, a member of the National Transportation

18 Safety Board.

19 (3)(A) The task force shall submit to Congress an

20 interim report and a final report on its activities under

21 this subsection. The interim report shall be submitted on

22 December 1, 1998, and the final report shall be submitted

23 on March 31, 1999.

24 (B) Each report under subparagraph (A) shall in25 clude the following:
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1 (i) An assessment of the advisability of conduct2 ing all military aviation accident investigations

3 through an entity that is independent of the military

4 departments.

5 (ii) An assessment of the effectiveness of the

6 current military aviation accident investigation proc7 ess in identifying the cause of military aviation acci8 dents and correcting problems so identified in a

9 timely manner.

10 (iii) An assessment whether or not the proce11 dures for sharing the results of military aviation ac12 cident investigations among the military depart13 ments should be improved.

14 (iv) An assessment of the advisability of cen15 tralized training and instruction for military aircraft

16 investigators.

17 (v) An assessment of any costs or cost

18 avoidances that would result from the elimination of

19 any overlap in military aviation accident investiga20 tion activities conducted under the current so-called

21 ‘‘two-track’’ investigation process.

22 (vi) Any improvements or modifications in the

23 current military aviation accident investigation proc24 ess that the task force considers appropriate to re-
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1 duce the potential for aviation accidents and in2 crease public confidence in the process.

3 (c) UNIFORM REGULATIONS FOR RELEASE OF IN4 TERIM SAFETY INVESTIGATION REPORTS.—(1)(A) Not

5 later than May 1, 1999, the Secretary of Defense shall

6 prescribe regulations that provide for the release to the

7 family members of persons involved in military aviation

8 accidents, and to members of the public, of reports re9 ferred to in paragraph (2).

10 (B) The regulations shall apply uniformly to each

11 military department.

12 (2) A report under paragraph (1) is a report on the

13 findings of any ongoing privileged safety investigation into

14 an accident referred to in that paragraph. Such report

15 shall be in a redacted form or other form appropriate to

16 preserve witness confidentiality and to minimize the ef17 fects of the release of information in such report on na18 tional security.

19 (3) Reports under paragraph (1) shall be made

20 available—

21 (A) in the case of family members, at least once

22 every 30 days or upon the development of a new or

23 significantly changed finding during the course of

24 the investigation concerned; and
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1 (B) in the case of members of the public, on re2 quest.

3 TITLE X—GENERAL PROVISIONS

4 Subtitle A—Financial Matters

5 SEC. 1001. TRANSFER AUTHORITY.

6 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

7 (1) Upon determination by the Secretary of Defense that

8 such action is necessary in the national interest, the Sec9 retary may transfer amounts of authorizations made avail10 able to the Department of Defense in this division for fis11 cal year 1999 between any such authorizations for that

12 fiscal year (or any subdivisions thereof). Amounts of au13 thorizations so transferred shall be merged with and be

14 available for the same purposes as the authorization to

15 which transferred.

16 (2) The total amount of authorizations that the Sec17 retary may transfer under the authority of this section

18 may not exceed $2,000,000,000.

19 (b) LIMITATIONS.—The authority provided by this

20 section to transfer authorizations—

21 (1) may only be used to provide authority for

22 items that have a higher priority than the items

23 from which authority is transferred; and
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1 (2) may not be used to provide authority for an

2 item that has been denied authorization by Con3 gress.

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the

7 amount authorized for the account to which the amount

8 is transferred by an amount equal to the amount trans9 ferred.

10 (d) NOTICE TO CONGRESS.—The Secretary shall

11 promptly notify Congress of each transfer made under

12 subsection (a).

13 SEC. 1002. AUTHORIZATION OF EMERGENCY APPROPRIA14 TIONS FOR FISCAL YEAR 1999.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

16 are hereby authorized to be appropriated for the Depart17 ment of Defense for fiscal year 1999 for incremental costs

18 of operations of the Armed Forces in and around Bosnia

19 and Herzegovina in the total amount of $1,858,600,000,

20 as follows:

21 (1) For military personnel, in addition to the

22 amounts authorized to be appropriated in title IV of

23 this Act:

24 (A) For the Army, $297,700,000.

25 (B) For the Navy, $9,700,000.
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1 (C) For the Marine Corps, $2,700,000.

2 (D) For the Air Force, $33,900,000.

3 (E) For the Naval Reserve, $2,200,000.

4 (2) For operation and maintenance for the

5 Overseas Contingency Operations Transfer Fund, in

6 addition to the total amount authorized to be appro7 priated for that fund in section 301(a)(25) of this

8 Act, $1,512,400,000.

9 (b) TRANSFER AUTHORITY.—Upon determination by

10 the Secretary of Defense that such action is necessary in

11 the national interest, the Secretary may transfer amounts

12 of authorizations made available to the Department of De13 fense in subsection (a)(2) for fiscal year 1999 to any of

14 the authorizations for that fiscal year in section 301.

15 Amounts of authorizations so transferred shall be merged

16 with and be available for the same purposes as the author17 ization to which transferred. The transfer authority under

18 this subsection is in addition to any other transfer author19 ity provided in this Act.

20 (c) DESIGNATION AS EMERGENCY.—Funds author21 ized to be appropriated in accordance with subsection (a)

22 are designated as emergency requirements pursuant to

23 section 251(b)(2)(A) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985.
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1 SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUP2 PLEMENTAL APPROPRIATIONS FOR FISCAL

3 YEAR 1998.

4 Amounts authorized to be appropriated to the De5 partment of Defense for fiscal year 1998 in the National

6 Defense Authorization Act for Fiscal Year 1998 (Public

7 Law 105–85) are hereby adjusted, with respect to any

8 such authorized amount, by the amount by which appro9 priations pursuant to such authorization were increased

10 (by a supplemental appropriation) or decreased (by a re11 scission), or both, in the 1998 Supplemental Appropria12 tions and Rescissions Act (Public Law 105–174).

13 SEC. 1004. PARTNERSHIP FOR PEACE INFORMATION SYS14 TEM MANAGEMENT.

15 Funds authorized to be appropriated under titles II

16 and III of this Act shall be available for Partnership for

17 Peace information management systems as follows:

18 (1) Of the amount authorized to be appro19 priated under section 201(4) for Defense-wide activi20 ties, $2,000,000.

21 (2) Of the amount authorized to be appro22 priated under section 301 for Defense-wide activi23 ties, $3,000,000.
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1 SEC. 1005. REDUCTIONS IN FISCAL YEAR 1998 AUTHORIZA2 TIONS OF APPROPRIATIONS FOR DIVISION A

3 AND DIVISION B AND INCREASES IN CERTAIN

4 AUTHORIZATIONS OF APPROPRIATIONS.

5 (a) TOTAL REDUCTION.—Notwithstanding any other

6 provision in this division, amounts authorized to be appro7 priated under other provisions of this division are reduced

8 in accordance with subsection (b) by the total amount of

9 $421,900,000 in order to reflect savings resulting from

10 revised economic assumptions.

11 (b) DISTRIBUTION OF REDUCTION.—

12 (1) PROCUREMENT.—Amounts authorized to be

13 appropriated for procurement under title I are re14 duced as follows:

15 (A) ARMY.—For the Army:

16 (i) AIRCRAFT.—For aircraft under

17 section 101(1), by $4,000,000.

18 (ii) MISSILES.—For missiles under

19 section 101(2), by $4,000,000.

20 (iii) WEAPONS AND TRACKED COMBAT

21 VEHICLES.—For weapons and tracked

22 combat vehicles under section 101(3), by

23 $4,000,000.

24 (iv) AMMUNITION.—For ammunition

25 under section 101(4), by $3,000,000.
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1 (v) OTHER PROCUREMENT.—For

2 other procurement under section 101(5),

3 by $9,000,000.

4 (B) NAVY AND MARINE CORPS.—For the

5 Navy, Marine Corps, or both the Navy and Ma6 rine Corps:

7 (i) AIRCRAFT.—For aircraft under

8 section 102(a)(1), by $22,000,000.

9 (ii) WEAPONS.—For weapons, includ10 ing missiles and torpedoes, under section

11 102(a)(2), by $4,000,000.

12 (iii) SHIPBUILDING AND CONVER13 SION.—For shipbuilding and conversion

14 under section 102(a)(3), by $18,000,000.

15 (iv) OTHER PROCUREMENT.—For

16 other procurement under section

17 102(a)(4), by $12,000,000.

18 (v) MARINE CORPS PROCUREMENT.—

19 For procurement for the Marine Corps

20 under section 102(b), by $2,000,000.

21 (vi) AMMUNITION.—For ammunition

22 under section 102(c), by $1,000,000.

23 (C) AIR FORCE.—For the Air Force:

24 (i) AIRCRAFT.—For aircraft under

25 section 103(1), by $23,000,000.
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1 (ii) MISSILES.—For missiles under

2 section 103(2), by $7,000,000.

3 (iii) AMMUNITION.—For ammunition

4 under section 103(3), by $1,000,000.

5 (iv) OTHER PROCUREMENT.—For

6 other procurement under section 103(4),

7 by $17,500,000.

8 (D) DEFENSE-WIDE ACTIVITIES.—For the

9 Department of Defense for Defense-wide activi10 ties under section 104, by $5,800,000.

11 (E) CHEMICAL DEMILITARIZATION PRO12 GRAM.—For the destruction of lethal chemical

13 agents and munitions and of chemical warfare

14 material under section 107, by $3,000,000.

15 (2) RDT&E.—Amounts authorized to be ap16 propriated for research, development, test, and eval17 uation under title II are reduced as follows:

18 (A) ARMY.—For the Army under section

19 201(1), by $10,000,000.

20 (B) NAVY.—For the Navy under section

21 201(2), by $20,000,000.

22 (C) AIR FORCE.—For the Air Force under

23 section 201(3), by $39,000,000.
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1 (D) DEFENSE-WIDE ACTIVITIES.—For De2 fense-wide activities under section 201(4), by

3 $26,700,000.

4 (3) OPERATION AND MAINTENANCE.—Amounts

5 authorized to be appropriated for operation and

6 maintenance under title III are reduced as follows:

7 (A) ARMY.—For the Army under section

8 301(a)(1), by $24,000,000.

9 (B) NAVY.—For the Navy under section

10 301(a)(2), by $32,000,000.

11 (C) MARINE CORPS.—For the Marine

12 Corps under section 301(a)(3), by $4,000,000.

13 (D) AIR FORCE.—For the Air Force under

14 section 301(a)(4), by $31,000,000.

15 (E) DEFENSE-WIDE ACTIVITIES.—For De16 fense-wide activities under section 301(a)(6), by

17 $17,600,000.

18 (F) ARMY RESERVE.—For the Army Re19 serve under section 301(a)(7), by $2,000,000.

20 (G) NAVAL RESERVE.—For the Naval Re21 serve under section 301(a)(8), by $2,000,000.

22 (H) AIR FORCE RESERVE.—For the Air

23 Force Reserve under section 301(a)(10), by

24 $2,000,000.
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1 (I) ARMY NATIONAL GUARD.—For the

2 Army National Guard under section

3 301(a)(11), by $4,000,000.

4 (J) AIR NATIONAL GUARD.—For the Air

5 National Guard under section 301(a)(12), by

6 $4,000,000.

7 (K) ENVIRONMENTAL RESTORATION,

8 ARMY.—For Environmental Restoration, Army

9 under section 301(a)(15), by $1,000,000.

10 (L) ENVIRONMENTAL RESTORATION,

11 NAVY.—For Environmental Restoration, Navy

12 under section 301(a)(16), by $1,000,000.

13 (M) ENVIRONMENTAL RESTORATION, AIR

14 FORCE.—For Environmental Restoration, Air

15 Force under section 301(a)(17), by $1,000,000.

16 (N) ENVIRONMENTAL RESTORATION, DE17 FENSE-WIDE.—For Environmental Restoration,

18 Defense-wide under section 301(a)(18), by

19 $1,000,000.

20 (O) DRUG INTERDICTION AND COUNTER21 DRUG ACTIVITIES, DEFENSE-WIDE.—For Drug

22 Interdiction and Counter-drug Activities, De23 fense-wide under section 301(a)(21), by

24 $2,000,000.
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1 (P) MEDICAL PROGRAMS, DEFENSE.—For

2 Medical Programs, Defense under section

3 301(a)(23), by $36,000,000.

4 (4) MILITARY CONSTRUCTION, ARMY.—

5 Amounts authorized to be appropriated for military

6 construction, Army, under title XXI by section

7 2104(a) are reduced by $5,000,000, of which

8 $3,000,000 shall be a reduction of support of mili9 tary family housing under section 2104(a)(5)(B).

10 (5) MILITARY CONSTRUCTION, NAVY.—Amounts

11 authorized to be appropriated for military construc12 tion, Navy, under title XXII by section 2204(a) are

13 reduced by $5,000,000, of which—

14 (A) $1,000,000 shall be a reduction of con15 struction and acquisition of military family

16 housing under section 2204(a)(5)(A); and

17 (B) $3,000,000 shall be a reduction of

18 support of military family housing under sec19 tion 2204(a)(5)(B).

20 (6) MILITARY CONSTRUCTION, AIR FORCE.—

21 Amounts authorized to be appropriated for military

22 construction, Air Force, under title XXIII by section

23 2304(a) are reduced by $4,000,000, of which—
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1 (A) $1,000,000 shall be a reduction of con2 struction and acquisition of military family

3 housing under section 2304(a)(5)(A); and

4 (B) $2,000,000 shall be a reduction of

5 support of military family housing under sec6 tion 2304(a)(5)(B).

7 (7) MILITARY CONSTRUCTION, DEFENSE AGEN8 CIES.—Amounts authorized to be appropriated for

9 military construction, Defense Agencies, under title

10 XXIV by section 2404(a) are reduced by

11 $6,300,000, of which $5,000,000 shall be a reduc12 tion of defense base closure and realignment under

13 section 2404(a)(10), of which—

14 (A) $1,000,000 shall be a reduction of de15 fense base closure and realignment, Army;

16 (B) $2,000,000 shall be a reduction of de17 fense base closure and realignment, Navy; and

18 (C) $2,000,000 shall be a reduction of de19 fense base closure and realignment, Air Force.

20 (8) NORTH ATLANTIC TREATY ORGANIZATION

21 SECURITY INVESTMENT PROGRAM.—Amounts au22 thorized to be appropriated for contributions to the

23 North Atlantic Treaty Organization Security Invest24 ment program under title XXV by section 2502 are

25 reduced by $1,000,000.
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1 (c) PROPORTIONATE REDUCTIONS WITHIN AC2 COUNTS.—The amount provided for each budget activity,

3 budget activity group, budget subactivity group, program,

4 project, or activity under an authorization of appropria5 tions reduced by subsection (b) is hereby reduced by the

6 percentage computed by dividing the total amount of that

7 authorization of appropriations (before the reduction) into

8 the amount by which that total amount is so reduced.

9 (d) INCREASE IN CERTAIN AUTHORIZATIONS OF AP10 PROPRIATIONS.—

11 (1) OPERATION AND MAINTENANCE, ARMY NA12 TIONAL GUARD.—The amount authorized to be ap13 propriated by section 301(a)(11), as reduced by sub14 section (b)(3)(I), is increased by $120,000,000.

15 (2) OTHER DEFENSE PROGRAMS, DEPARTMENT

16 OF ENERGY.—The amount authorized to be appro17 priated by section 3103 is increased by $20,000,000,

18 which amount shall be available for verification and

19 control technology under paragraph (1)(C) of that

20 section.

21 SEC. 1006. AMOUNT AUTHORIZED FOR CONTRIBUTIONS

22 FOR NATO COMMON-FUNDED BUDGETS.

23 (a) TOTAL AMOUNT.—Contributions are authorized

24 to be made in fiscal year 1999 for the common-funded

25 budgets of NATO, out of funds available for the Depart-
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1 ment of Defense for that purpose, in the total amount that

2 is equal to the sum of (1) the amounts of the unexpended

3 balances, as of the end of fiscal year 1998, of funds appro4 priated for fiscal years before fiscal year 1999 for pay5 ments for such budgets, (2) the amount authorized to be

6 appropriated under section 301(a)(1) that is available for

7 contributions for the NATO common-funded military

8 budget under section 314, (3) the amount authorized to

9 be appropriated under section 201(1) that is available for

10 contribution for the NATO common-funded civil budget

11 under section 219, and (4) the total amount of the con12 tributions authorized to be made under section 2501.

13 (b) DEFINITION.—In this section, the term ‘‘com14 mon-funded budgets of NATO’’ means the Military Budg15 et, the Security Investment Program, and the Civil Budget

16 of NATO (and any successor or additional account or pro17 gram of NATO).

18 Subtitle B—Naval Vessels

19 SEC. 1011. IOWA CLASS BATTLESHIP RETURNED TO NAVAL

20 VESSEL REGISTER.

21 The U.S.S. Iowa shall be listed, and maintained, on

22 the Naval Vessel Register under section 1011 of the Na23 tional Defense Authorization Act for Fiscal Year 1996

24 (Public Law 104–106; 110 Stat. 421) instead of the

25 U.S.S. New Jersey, which shall be stricken from the reg-
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1 ister. The preceding sentence does not affect the continued

2 effectiveness of subsection (d) of such section.

3 SEC. 1012. LONG-TERM CHARTER OF THREE VESSELS IN

4 SUPPORT OF SUBMARINE RESCUE, ESCORT,

5 AND TOWING.

6 (a) AUTHORITY.—The Secretary of the Navy may to

7 enter into one or more long-term charters in accordance

8 with section 2401 of title 10, United States Code, for

9 three vessels to support the rescue, escort, and towing of

10 submarines.

11 (b) VESSELS.—The vessels that may be chartered

12 under subsection (a) are as follows:

13 (1) The Carolyn Chouest (United States official

14 number D102057).

15 (2) The Kellie Chouest (United States official

16 number D1038519).

17 (3) The Dolores Chouest (United States official

18 number D600288).

19 (c) CHARTER PERIOD.—The period for which a vessel

20 is chartered under subsection (a) may not extend beyond

21 October 1, 2004.

22 (d) FUNDING.—The funds used for charters entered

23 into under subsection (a) shall be funds authorized to be

24 appropriated under section 301(a)(2).
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1 SEC. 1013. TRANSFERS OF CERTAIN NAVAL VESSELS TO

2 CERTAIN FOREIGN COUNTRIES.

3 (a) AUTHORITY.—

4 (1) ARGENTINA.—The Secretary of the Navy is

5 authorized to transfer to the Government of Argen6 tina on a grant basis the tank landing ship Newport

7 (LST 1179).

8 (2) BRAZIL.—The Secretary of the Navy is au9 thorized to transfer vessels to the Government of

10 Brazil as follows:

11 (A) On a sale basis, the Newport class

12 tank landing ships Cayuga (LST 1186) and Pe13 oria (LST 1183).

14 (B) On a combined lease-sale basis, the

15 Cimarron class oiler Merrimack (AO 179).

16 (3) CHILE.—The Secretary of the Navy is au17 thorized to transfer vessels to the Government of

18 Chile on a sale basis as follows:

19 (A) The Newport class tank landing ship

20 San Bernardino (LST 1189).

21 (B) The auxiliary repair dry dock Water22 ford (ARD 5).

23 (4) GREECE.—The Secretary of the Navy is au24 thorized to transfer vessels to the Government of

25 Greece as follows:

26 (A) On a sale basis, the following vessels:
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1 (i) The Oak Ridge class medium dry

2 dock Alamogordo (ARDM 2).

3 (ii) The Knox class frigates Vreeland

4 (FF 1068) and Trippe (FF 1075).

5 (B) On a combined lease-sale basis, the

6 Kidd class guided missile destroyers Kidd

7 (DDG 993), Callaghan (DDG 994), Scott

8 (DDG 995) and Chandler (DDG 996).

9 (C) On a grant basis, the following vessels:

10 (i) The Knox class frigate Hepburn

11 (FF 1055).

12 (ii) The Adams class guided missile

13 destroyers Strauss (DDG 16), Semmes

14 (DDG 18), and Waddell (DDG 24).

15 (5) MEXICO.—The Secretary of the Navy is au16 thorized to transfer to the Government of Mexico on

17 a sale basis the auxiliary repair dry dock San Onofre

18 (ARD 30) and the Knox class frigate Pharris (FF

19 1094).

20 (6) PHILIPPINES.—The Secretary of the Navy

21 is authorized to transfer to the Government of the

22 Philippines on a sale basis the Stalwart class ocean

23 surveillance ship Triumph (T-AGOS 4).

24 (7) PORTUGAL.—The Secretary of the Navy is

25 authorized to transfer to the Government of Por-
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1 tugal on a grant basis the Stalwart class ocean sur2 veillance ship Assurance (T-AGOS 5).

3 (8) SPAIN.—The Secretary of the Navy is au4 thorized to transfer to the Government of Spain on

5 a sale basis the Newport class tank landing ships

6 Harlan County (LST 1196) and Barnstable County

7 (LST 1197).

8 (9) TAIWAN.—The Secretary of the Navy is au9 thorized to transfer vessels to the Taipei Economic

10 and Cultural Representative Office in the United

11 States (which is the Taiwan instrumentality des12 ignated pursuant to section 10(a) of the Taiwan Re13 lations Act) on a sale basis as follows:

14 (A) The Knox class frigates Peary (FF

15 1073), Joseph Hewes (FF 1078), Cook (FF

16 1083), Brewton (FF 1086), Kirk (FF 1087)

17 and Barbey (FF 1088).

18 (B) The Newport class tank landing ships

19 Manitowoc (LST 1180) and Sumter (LST

20 1181).

21 (C) The floating dry dock Competent

22 (AFDM 6).

23 (D) The Anchorage class dock landing ship

24 Pensacola (LSD 38).
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1 (10) TURKEY.—The Secretary of the Navy is

2 authorized to transfer vessels to the Government of

3 Turkey as follows:

4 (A) On a sale basis, the following vessels:

5 (i) The Oliver Hazard Perry class

6 guided missile frigates Mahlon S. Tisdale

7 (FFG 27), Reid (FFG 30) and Duncan

8 (FFG 10).

9 (ii) The Knox class frigates Reasoner

10 (FF 1063), Fanning (FF 1076), Bowen

11 (FF 1079), McCandless (FF 1084), Don12 ald Beary (FF 1085), Ainsworth (FF

13 1090), Thomas C. Hart (FF 1092), and

14 Capodanno (FF 1093).

15 (B) On a grant basis, the Knox class frig16 ates Paul (FF 1080), Miller (FF 1091), W.S.

17 Simms (FF 1059).

18 (11) VENEZUELA.—The Secretary of the Navy

19 is authorized to transfer to the Government of Ven20 ezuela on a sale basis the unnamed medium auxil21 iary floating dry dock AFDM 2.

22 (b) BASES OF TRANSFER.—

23 (1) GRANT.—A transfer of a naval vessel au24 thorized to be made on a grant basis under sub-
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1 section (a) shall be made under section 516 of the

2 Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

3 (2) SALE.—A transfer of a naval vessel author4 ized to be made on a sale basis under subsection (a)

5 shall be made under section 21 of the Arms Export

6 Control Act (22 U.S.C. 2761).

7 (3) COMBINED LEASE-SALE.—(A) A transfer of

8 a naval vessel authorized to be made on a combined

9 lease-sale basis under subsection (a) shall be made

10 under sections 61 and 21 of the Arms Export Con11 trol Act (22 U.S.C. 2796 and 2761, respectively) in

12 accordance with this paragraph.

13 (B) For each naval vessel authorized by sub14 section (a) for transfer on a lease-sale basis, the

15 Secretary of the Navy is authorized to transfer the

16 vessel under the terms of a lease, with lease pay17 ments suspended for the term of the lease, if the

18 country entering into the lease of the vessel simulta19 neously enters into a foreign military sales agree20 ment for the transfer of title to the leased vessel.

21 Delivery of title to the purchasing country shall not

22 be made until the purchase price of the vessel has

23 been paid in full. Upon delivery of title to the pur24 chasing country, the lease shall terminate.
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1 (C) If the purchasing country fails to make full

2 payment of the purchase price by the date required

3 under the sales agreement, the sales agreement shall

4 be immediately terminated, the suspension of lease

5 payments under the lease shall be vacated, and the

6 United States shall retain all funds received on or

7 before the date of the termination under the sales

8 agreement, up to the amount of the lease payments

9 due and payable under the lease and all other costs

10 required by the lease to be paid to that date. No in11 terest shall be payable to the recipient by the United

12 States on any amounts that are paid to the United

13 States by the recipient under the sales agreement

14 and are not retained by the United States under the

15 lease.

16 (c) REQUIREMENT FOR PROVISION IN ADVANCE IN

17 AN APPROPRIATIONS ACT.—Authority to transfer vessels

18 on a sale or combined lease-sale basis under subsection

19 (a) shall be effective only to the extent that authority to

20 effectuate such transfers, together with appropriations to

21 cover the associated cost (as defined in section 502 of the

22 Congressional Budget and Impoundment Control Act of

23 1974 (2 U.S.C. 661a)), are provided in advance in an ap24 propriations Act.
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1 (d) NOTIFICATION OF CONGRESS.—Not later than 30

2 days after the date of the enactment of this Act, the Sec3 retary of the Navy shall submit to Congress, for each

4 naval vessel that is to be transferred under this section

5 before January 1, 1999, the notifications required under

6 section 516 of the Foreign Assistance Act of 1961 (22

7 U.S.C. 2321j) and section 525 of the Foreign Operations,

8 Export Financing, and Related Programs Appropriations

9 Act, 1998 (Public Law 105–118; 111 Stat. 2413).

10 (e) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

11 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

12 of the naval vessels authorized by subsection (a) to be

13 transferred on a grant basis under section 516 of the For14 eign Assistance Act of 1961 (22 U.S.C. 2321j) shall not

15 be counted for the purposes of that section in the aggre16 gate value of excess defense articles transferred to coun17 tries under that section in any fiscal year.

18 (f) COSTS OF TRANSFERS.—Any expense of the

19 United States in connection with a transfer authorized by

20 subsection (a) shall be charged to the recipient (notwith21 standing section 516(e)(1) of the Foreign Assistance Act

22 of 1961 (22 U.S.C. 2321j(e)(1)) in the case of a transfer

23 authorized to be made on a grant basis under subsection

24 (a)).
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1 (g) REPAIR AND REFURBISHMENT IN UNITED

2 STATES SHIPYARDS.—The Secretary of the Navy shall re3 quire, as a condition of the transfer of a vessel under this

4 section, that the country to which the vessel is transferred

5 have such repair or refurbishment of the vessel as is need6 ed, before the vessel joins the naval forces of that country,

7 performed at a shipyard located in the United States, in8 cluding a United States Navy shipyard.

9 (h) EXPIRATION OF AUTHORITY.—The authority to

10 transfer a vessel under subsection (a) shall expire at the

11 end of the two-year period beginning on the date of the

12 enactment of this Act.

13 SEC. 1014. SENSE OF CONGRESS CONCERNING THE NAMING

14 OF AN LPD–17 VESSEL.

15 It is the sense of Congress that, consistent with sec16 tion 1018 of the National Defense Authorization Act for

17 Fiscal Year 1996 (Public Law 104–106; 110 Stat. 425),

18 the next unnamed vessel of the LPD–17 class of amphib19 ious vessels should be named the U.S.S. Clifton B. Cates,

20 in honor of Marine General Clifton B. Cates (1893–1970),

21 a native of Tennessee whose distinguished career of service

22 in the Marine Corps included combat service in World War

23 I so heroic that he became the most decorated Marine

24 Corps officer of World War I, included exemplary combat

25 leadership from Guadalcanal to Tinian and Iwo Jima and
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1 beyond in the Pacific Theater during World War II, and

2 culminated in Lieutenant General Cates being appointed

3 the 19th Commandant of the Marine Corps, a position in

4 which he led the Marine Corps’ efficient and alacritous

5 response to the invasion of the Republic of South Korea

6 by Communist North Korea.

7 SEC. 1015. CONVEYANCE OF NDRF VESSEL EX-U.S.S. LORAIN

8 COUNTY.

9 (a) AUTHORITY TO CONVEY.—The Secretary of

10 Transportation may convey all right, title, and interest of

11 the Federal Government in and to the vessel ex-U.S.S.

12 LORAIN COUNTY (LST–1177) to the Ohio War Memo13 rial, Inc., located in Sandusky, Ohio (in this section re14 ferred to as the ‘‘recipient’’), for use as a memorial to

15 Ohio veterans.

16 (b) TERMS OF CONVEYANCE.—

17 (1) DELIVERY OF VESSEL.—In carrying out

18 subsection (a), the Secretary shall deliver the

19 vessel—

20 (A) at the place where the vessel is located

21 on the date of conveyance;

22 (B) in its condition on that date; and

23 (C) at no cost to the Federal Government.

24 (2) REQUIRED CONDITIONS.—The Secretary

25 may not convey a vessel under this section unless—
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1 (A) the recipient agrees to hold the Gov2 ernment harmless for any claims arising from

3 exposure to hazardous materials, including as4 bestos and polychlorinated biphenyls, after con5 veyance of the vessel, except for claims arising

6 before the date of the conveyance of from use

7 of the vessel by the Government after that date;

8 and

9 (B) the recipient has available, for use to

10 restore the vessel, in the form of cash, liquid as11 sets, or a written loan commitment, financial

12 resources of at least $100,000.

13 (3) ADDITIONAL TERMS.—The Secretary may

14 require such additional terms and conditions in con15 nection with the conveyance authorized by this sec16 tion as the Secretary considers appropriate.

17 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

18 may convey to the recipient of the vessel conveyed under

19 this section any unneeded equipment from other vessels

20 in the National Defense Reserve Fleet, for use to restore

21 the vessel conveyed under this section to museum quality.
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1 SEC. 1016. HOMEPORTING OF THE U.S.S. IOWA BATTLESHIP

2 IN SAN FRANCISCO.

3 It is the sense of Congress that the U.S.S. Iowa

4 should be homeported at the Port of San Francisco, Cali5 fornia.

6 SEC. 1017. SHIP SCRAPPING PILOT PROGRAM.

7 (a) IN GENERAL.—The Secretary of the Navy shall

8 carry out a vessel scrapping pilot program within the

9 United States during fiscal years 1999 and 2000. The

10 scope of the program shall be that which the Secretary

11 determines is sufficient to gather data on the cost of

12 scrapping Government vessels domestically and to dem13 onstrate cost effective technologies and techniques to

14 scrap such vessels in a manner that is protective of worker

15 safety and health and the environment.

16 (b) CONTRACT AWARD.—(1) The Secretary shall

17 award a contract or contracts under subsection (a) to the

18 offeror or offerors that the Secretary determines will pro19 vide the best value to the United States, taking into ac20 count such factors as the Secretary considers appropriate.

21 (2) In making a best value determination under this

22 subsection, the Secretary shall give a greater weight to

23 technical and performance-related factors than to cost and

24 price-related factors.

25 (3) The Secretary shall give significant weight to the

26 technical qualifications and past performance of the con-
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1 tractor and the major subcontractors or team members of

2 the contractor in complying with applicable Federal, State,

3 and local laws and regulations for environmental and

4 worker protection. In accordance with the requirements of

5 the Federal Acquisition Regulation, in the case of an offer6 or without a record of relevant past performance or for

7 whom information on past performance is not available,

8 the offeror may not be evaluated favorably or unfavorably

9 on past performance.

10 (c) CONTRACT TERMS AND CONDITIONS.—The con11 tract or contracts awarded by the Secretary pursuant to

12 subsection (b) shall, at a minimum, provide for—

13 (1) the transfer of the vessel or vessels to the

14 contractor or contractors;

15 (2) the sharing, by any appropriate contracting

16 method, of the costs of scrapping the vessel or ves17 sels between the Government and the contractor or

18 contractors;

19 (3) a performance incentive for a successful

20 record of environmental and worker protection; and

21 (4) Government access to contractor records in

22 accordance with the requirements of section 2313 of

23 title 10, United States Code.

24 (d) REPORTS.—(1) Not later than September 30,

25 1999, the Secretary of the Navy shall submit an interim
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1 report on the pilot program to the congressional defense

2 committees. The report shall contain the following:

3 (A) The procedures used for the solicitation and

4 award of a contract or contracts under the pilot pro5 gram.

6 (B) The contract or contracts awarded under

7 the pilot program.

8 (2) Not later than September 30, 2000, the Secretary

9 of the Navy shall submit a final report on the pilot pro10 gram to the congressional defense committees. The report

11 shall contain the following:

12 (A) The results of the pilot program and the

13 performance of the contractors under such program.

14 (B) The Secretary’s procurement strategy for

15 future ship scrapping activities.

16 Subtitle C—Miscellaneous Report

17 Requirements and Repeals

18 SEC. 1021. REPEAL OF REPORTING REQUIREMENTS.

19 (a) REPORTS REQUIRED BY TITLE 10.—

20 (1) HEALTH AND MEDICAL CARE STUDIES AND

21 DEMONSTRATIONS.—Section 1092(a) of title 10,

22 United States Code, is amended by striking out

23 paragraph (3).

24 (2) ANNUAL REPORT ON USE OF MONEY RENT25 ALS FOR LEASES OF NON-EXCESS PROPERTY.—Sec-
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1 tion 2667(d) of title 10, United States Code, is

2 amended—

3 (A) in paragraph (1)(A)(ii), by striking out

4 ‘‘paragraph (4) or (5)’’ and inserting in lieu

5 thereof ‘‘paragraph (3) or (4)’’.

6 (B) by striking out paragraph (3); and

7 (C) by redesignating paragraphs (4) and

8 (5) as paragraphs (3) and (4), respectively.

9 (b) REPORT REQUIRED BY MILITARY CONSTRUCTION

10 AUTHORIZATION ACT.—Section 2819 of the National De11 fense Authorization Act, Fiscal Year 1989 (Public Law

12 100–456; 102 Stat. 2119; 10 U.S.C. 2391 note,), relating

13 to the Commission on Alternative Utilization of Military

14 Facilities, is amended—

15 (1) in subsection (a) by striking out ‘‘(a) ES16 TABLISHMENT OF COMMISSION.—’’; and

17 (2) by striking out subsections (b) and (c).

18 SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE FINAN19 CIAL MANAGEMENT IMPROVEMENT PLAN.

20 Not later than 60 days after the date on which the

21 Secretary of Defense submits the first biennial financial

22 management improvement plan required by section 2222

23 of title 10, United States Code, the Comptroller General

24 shall submit to Congress an analysis of the plan. The anal-
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1 ysis shall include a discussion of the content of the plan

2 and the extent to which the plan—

3 (1) complies with the requirements of such sec4 tion 2222; and

5 (2) is a workable plan for addressing the finan6 cial management problems of the Department of De7 fense.

8 SEC. 1023. FEASIBILITY STUDY OF PERFORMANCE OF DE9 PARTMENT OF DEFENSE FINANCE AND AC10 COUNTING FUNCTIONS BY PRIVATE SECTOR

11 SOURCES OR OTHER FEDERAL GOVERNMENT

12 SOURCES.

13 (a) STUDY REQUIRED.—The Secretary of Defense

14 shall carry out a study of the feasibility and advisability

15 of selecting on a competitive basis the source or sources

16 for performing the finance and accounting functions of the

17 Department of Defense from among private sector

18 sources, the Defense Finance and Accounting Service of

19 the Department of Defense, the military departments, and

20 other Federal Government agencies.

21 (b) REPORT.—Not later than October 1, 1999, the

22 Secretary shall submit a written report on the results of

23 the study to Congress. The report shall include the follow24 ing:
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1 (1) A discussion of how the finance and ac2 counting functions of the Department of Defense are

3 performed, including the necessary operations, the

4 operations actually performed, the personnel re5 quired for the operations, and the core competencies

6 that are necessary for the performance of those

7 functions.

8 (2) A comparison of the performance of the fi9 nance and accounting functions by the Defense Fi10 nance and Accounting Service with the performance

11 of finance and accounting functions by the other

12 sources referred to in subsection (a) that exemplify

13 the best finance and accounting practices and re14 sults, together with a comparison of the costs of the

15 performance of such functions by the Defense Fi16 nance and Accounting Service and the estimated

17 costs of the performance of such functions by those

18 other sources.

19 (3) The finance and accounting functions, if

20 any, that are appropriate for performance by those

21 other sources, together with a concept of operations

22 that—

23 (A) specifies the mission;

24 (B) identifies the finance and accounting

25 operations to be performed;
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1 (C) describes the work force that is nec2 essary to perform those operations;

3 (D) discusses where the operations are to

4 be performed;

5 (E) describes how the operations are to be

6 performed; and

7 (F) discusses the relationship between how

8 the operations are to be performed and the mis9 sion.

10 (4) An analysis of how Department of Defense

11 programs or processes would be affected by the per12 formance of the finance and accounting functions of

13 the Department of Defense by one or more of those

14 other sources.

15 (5) The status of the efforts within the Depart16 ment of Defense to consolidate and eliminate redun17 dant finance and accounting systems and to better

18 integrate the automated and manual systems of the

19 department that provide input to financial manage20 ment or accounting systems of the department.

21 (6) A description of a feasible and effective

22 process for selecting, on a competitive basis, sources

23 to perform the finance and accounting functions of

24 the Department of Defense from among the sources
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1 referred to in subsection (a), including a discussion

2 of the selection criteria considered appropriate.

3 (7) Any recommended policy for selecting

4 sources to perform the finance and accounting func5 tions of the Department of Defense on a competitive

6 basis from among the sources referred to in sub7 section (a), together with such other recommenda8 tions that the Secretary considers appropriate.

9 (8) An analysis of the costs and benefits of the

10 various policies and actions recommended.

11 (9) A discussion of any findings, analyses, and

12 recommendations of the performance of the finance

13 and accounting functions of the Department of De14 fense that have been made by the Task Force on

15 Defense Reform appointed by the Secretary of De16 fense.

17 (c) MARKET RESEARCH.—In carrying out the study,

18 the Secretary shall perform market research to determine

19 whether the availability of responsible private sector

20 sources of finance and accounting services is sufficient for

21 there to be a reasonable expectation of meaningful com22 petition for any contract for the procurement of finance

23 and accounting services for the Department of Defense.
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1 SEC. 1024. REORGANIZATION AND CONSOLIDATION OF OP2 ERATING LOCATIONS OF THE DEFENSE FI3 NANCE AND ACCOUNTING SERVICE.

4 (a) LIMITATION.—No operating location of the De5 fense Finance and Accounting Service may be closed be6 fore the date that is six months after the date on which

7 the Secretary submits to Congress the plan required by

8 subsection (b).

9 (b) PLAN REQUIRED.—The Secretary of Defense

10 shall submit to Congress a strategic plan for improving

11 the financial management operations at each of the oper12 ating locations of the Defense Finance and Accounting

13 Service.

14 (c) CONTENT OF PLAN.—The plan shall include, at

15 a minimum, the following:

16 (1) The workloads that it is necessary to per17 form at the operating locations each fiscal year.

18 (2) The capacity and number of operating loca19 tions that are necessary for performing the work20 loads.

21 (3) A discussion of the costs and benefits that

22 could result from reorganizing the operating loca23 tions of the Defense Finance and Accounting Service

24 on the basis of function performed, together with the

25 Secretary’s assessment of the feasibility of carrying

26 out such a reorganization.
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1 (d) SUBMITTAL OF PLAN.—The plan shall be submit2 ted to the Committee on Armed Services of the Senate

3 and the Committee on National Security of the House of

4 Representatives not later than December 15, 1998.

5 SEC. 1025. REPORT ON INVENTORY AND CONTROL OF MILI6 TARY EQUIPMENT.

7 (a) REPORT REQUIRED.—Not later than March 1,

8 1999, the Secretary of Defense shall submit to the Com9 mittee on Armed Services of the Senate and the Commit10 tee on National Security of the House of Representatives

11 a report on the inventory and control of the military equip12 ment of the Department of Defense as of the end of fiscal

13 year 1998. The report shall address the inventories of each

14 of the Army, Navy, Air Force, and Marine Corps sepa15 rately.

16 (b) CONTENT.—The report shall include the follow17 ing:

18 (1) For each item of military equipment in the

19 inventory, stated by item nomenclature—

20 (A) the quantity of the item in the inven21 tory as of the beginning of the fiscal year;

22 (B) the quantity of acquisitions of the item

23 during the fiscal year;

24 (C) the quantity of disposals of the item

25 during the fiscal year;
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1 (D) the quantity of losses of the item dur2 ing the performance of military missions during

3 the fiscal year; and

4 (E) the quantity of the item in the inven5 tory as of the end of the fiscal year.

6 (2) A reconciliation of the quantity of each item

7 in the inventory as of the beginning of the fiscal

8 year with the quantity of the item in the inventory

9 as of the end of fiscal year.

10 (3) For each item of military equipment that

11 cannot be reconciled—

12 (A) an explanation of why the quantities

13 cannot be reconciled; and

14 (B) a discussion of the remedial actions

15 planned to be taken, including target dates for

16 accomplishing the remedial actions.

17 (4) Supporting schedules identifying the loca18 tion of each item that are available to Congress or

19 auditors of the Comptroller General upon request.

20 (c) MILITARY EQUIPMENT DEFINED.—For the pur21 poses of this section, the term ‘‘military equipment’’

22 means all equipment that is used in support of military

23 missions and is maintained on the visibility systems of the

24 Army, Navy, Air Force, or Marine Corps.
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1 (d) INSPECTOR GENERAL REVIEW.—Not later than

2 June 1, 1999, the Inspector General of the Department

3 of Defense shall review the report submitted to the com4 mittees under subsection (a) and shall submit to the com5 mittees any comments that the Inspector General consid6 ers appropriate.

7 SEC. 1026. REPORT ON CONTINUITY OF ESSENTIAL OPER8 ATIONS AT RISK OF FAILURE BECAUSE OF

9 COMPUTER SYSTEMS THAT ARE NOT YEAR

10 2000 COMPLIANT.

11 (a) FINDINGS.—Congress makes the following find12 ings:

13 (1) Because of the way computers store and

14 process dates, most computers will not function

15 properly, or at all, after January 1, 2000, a problem

16 that is commonly referred to as the year 2000 prob17 lem.

18 (2) The United States Government is currently

19 conducting a massive program to identify and cor20 rect computer systems that suffer from the year

21 2000 problem.

22 (3) The cost to the Department of Defense of

23 correcting this problem in its computer systems has

24 been estimated to be more than $1,000,000,000.
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1 (4) Other nations have failed to initiate aggres2 sive action to identify and correct the year 2000

3 problem within their own computers.

4 (5) Unless other nations initiate aggressive ac5 tions to ensure the reliability and stability of certain

6 communications and strategic systems, United

7 States nationally security may be jeopardized.

8 (b) REPORT REQUIRED.—The Secretary of Defense

9 and the Director of Central Intelligence shall jointly sub10 mit to the Committee on Armed Services of the Senate

11 and the Committee on National Security of the House of

12 Representatives a report on the plans of the Department

13 of Defense and the intelligence community for ensuring

14 the continuity of performance of essential operations that

15 are at risk of failure because of computer systems and

16 other information and support systems that are not year

17 2000 compliant.

18 (c) CONTENT.—The report shall contain, at a mini19 mum, the following:

20 (1) A prioritization of mission critical systems

21 to ensure that the most critical systems have the

22 highest priority for efforts to reprogram computers

23 to be year 2000 compliant.

24 (2) A discussion of the private and other public

25 information and support systems relied on by the
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1 national security community, including the intel2 ligence community, and the efforts under way to en3 sure that those systems are year 2000 compliant.

4 (3) The efforts under way to repair the underly5 ing operating systems and infrastructure.

6 (4) The plans for comprehensive testing of De7 partment of Defense systems, including simulated

8 operational tests in mission areas.

9 (5) A comprehensive contingency plan, for the

10 entire national security community, which provides

11 for resolving emergencies resulting from a system

12 that is not year 2000 compliant and includes provi13 sion for the creation of crisis action teams for use

14 in resolving such emergencies.

15 (6) A discussion of the efforts undertaken to

16 ensure the continued reliability of service on the sys17 tems used by the President and other leaders of the

18 United States for communicating with the leaders of

19 other nations.

20 (7) A discussion of the vulnerability of allied

21 armed forces to failure systems that are not, or have

22 critical components that are not, year 2000 compli23 ant, together with an assessment of the potential

24 problems for interoperability among the Armed
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1 Forces of the United States and allied armed forces

2 because of the potential for failure of such systems.

3 (8) An estimate of the total cost of making the

4 computer systems and other information and sup5 port systems comprising the computer networks of

6 the Department of Defense and the intelligence com7 munity year 2000 compliant.

8 (9) The countries that have critical computer9 based systems any disruption of which, due to not

10 being year 2000 compliant, would cause a significant

11 potential national security risk to the United States.

12 (10) A discussion of the cooperative arrange13 ments between the United States and other nations

14 to assist those nations in identifying and correcting

15 (to the extent necessary to meet national security in16 terests of the United States) any problems in their

17 communications and strategic systems, or other sys18 tems identified by the Secretary of Defense, that

19 make the systems not year 2000 compliant.

20 (11) A discussion of the threat posed to the na21 tional security interests of the United States from

22 any potential failure of strategic systems of foreign

23 countries that are not year 2000 compliant.
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1 (d) SUBMITTAL.—The report shall be submitted not

2 later than March 31, 1999, in classified form and, as nec3 essary, unclassified form.

4 (e) INTERNATIONAL COOPERATIVE ARRANGE5 MENTS.—The Secretary of Defense, with the concurrence

6 of the Secretary of State may enter into a cooperative ar7 rangement with a representative of any foreign govern8 ment to provide for the United States to assist the foreign

9 government in identifying and correcting (to the extent

10 necessary to meet national security interests of the United

11 States) any problems in communications, strategic, or

12 other systems of that foreign government that make the

13 systems not year 2000 compliant.

14 (f) YEAR 2000 COMPLIANT.—In this section, the

15 term ‘‘year 2000 compliant’’, with respect to a computer

16 system or any other information or support system, means

17 that the programs of the system correctly recognize dates

18 in years after 1999 as being dates after 1999 for the pur19 poses of program functions for which the correct date is

20 relevant to the performance of the functions.

21 SEC. 1027. REPORTS ON NAVAL SURFACE FIRE-SUPPORT

22 CAPABILITIES.

23 (a) NAVY REPORT.—(1) Not later than March 31,

24 1999, the Secretary of the Navy shall submit to the Com25 mittee on Armed Services of the Senate and the Commit-
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1 tee on National Security of the House of Representatives

2 a report on battleship readiness for meeting requirements

3 of the Armed Forces for naval surface fire support.

4 (2) The report shall contain the following:

5 (A) The reasons for the Secretary’s failure to

6 comply with the requirements of section 1011 of the

7 National Defense Authorization Act for Fiscal Year

8 1996 (Public Law 104–106; 110 Stat. 421) until

9 February 1998.

10 (B) The requirements for Air-Naval Gunfire Li11 aison Companies.

12 (C) The plans of the Navy for retaining and

13 maintaining 16-inch ammunition for the main guns

14 of battleships.

15 (D) The plans of the Navy for retaining the

16 hammerhead crane essential for lifting battleship

17 turrets.

18 (E) An estimate of the cost of reactivating

19 Iowa-class battleships for listing on the Naval Vessel

20 Register, restoring the vessels to seaworthiness with

21 operational capabilities necessary to meet require22 ments for naval surface fire-support, and maintain23 ing the battleships in that condition for continued

24 listing on the register, together with an estimate of
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1 the time necessary to reactivate and restore the ves2 sels to that condition.

3 (3) The Secretary shall act through the Director of

4 Expeditionary Warfare Division (N85) of the Office of the

5 Chief of Naval Operations in preparing the report.

6 (b) GAO REPORT.—(1) The Comptroller General

7 shall submit to the Committee on Armed Services of the

8 Senate and the Committee on National Security of the

9 House of Representatives a report on the naval surface

10 fire-support capabilities of the Navy.

11 (2) The report shall contain the following:

12 (A) An assessment of the extent of the compli13 ance by the Secretary of the Navy with the require14 ments of section 1011 of the National Defense Au15 thorization Act for Fiscal Year 1996 (Public Law

16 104–106; 110 Stat. 421).

17 (B) The plans of the Navy for executing the

18 naval surface fire-support mission of the Navy.

19 (C) An assessment of the short-term costs and

20 the long-term costs associated with the plans.

21 (D) An assessment of the short-term costs and

22 the long-term costs associated with alternative meth23 ods for executing the naval surface fire-support mis24 sion of the Navy, including the alternative of re25 activating two battleships.
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1 SEC. 1028. REPORT ON ROLES IN DEPARTMENT OF DE2 FENSE AVIATION ACCIDENT INVESTIGA3 TIONS.

4 (a) REPORT REQUIRED.—Not later than March 31,

5 1999, the Secretary of Defense shall submit to Congress

6 a report on the roles of the Office of the Secretary of De7 fense and the Joint Staff in the investigation of Depart8 ment of Defense aviation accidents.

9 (b) CONTENT OF REPORT.—The report shall include

10 the following:

11 (1) An assessment of whether the Office of the

12 Secretary of Defense and the Joint Staff should

13 have more direct involvement in the investigation of

14 military aviation accidents.

15 (2) The advisability of the Office of the Sec16 retary of Defense, the Joint Staff, or another De17 partment of Defense entity independent of the mili18 tary departments supervising the conduct of aviation

19 accident investigations.

20 (3) An assessment of the minimum training

21 and experience required for aviation accident inves22 tigation board presidents and board members.

23 SEC. 1029. STRATEGIC PLAN FOR EXPANDING DISTANCE

24 LEARNING INITIATIVES.

25 (a) PLAN REQUIRED.—The Secretary of Defense

26 shall develop a strategic plan for guiding and expanding
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1 distance learning initiatives within the Department of De2 fense. The plan shall provide for an expansion of such ini3 tiatives over five consecutive fiscal years beginning with

4 fiscal year 2000.

5 (b) CONTENT OF PLAN.—The strategic plan shall, at

6 a minimum, contain the following:

7 (1) A statement of measurable goals and objec8 tives and outcome-related performance indicators

9 (consistent with section 1115 of title 31, United

10 States Code, relating to agency performance plans)

11 for the development and execution of distance learn12 ing initiatives throughout the Department of De13 fense.

14 (2) A detailed description of how distance learn15 ing initiatives are to be developed and managed

16 within the Department of Defense.

17 (3) An assessment of the estimated costs and

18 the benefits associated with developing and main19 taining an appropriate infrastructure for distance

20 learning.

21 (4) A statement of planned expenditures for the

22 investments necessary to build and maintain the in23 frastructure.

24 (5) A description of the mechanisms that are to

25 be used to supervise the development and coordina-
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1 tion of the distance learning initiatives of the De2 partment of Defense.

3 (c) RELATIONSHIP TO EXISTING INITIATIVE.—In de4 veloping the strategic plan, the Secretary may take into

5 account the ongoing collaborative effort among the De6 partment of Defense, other Federal agencies, and private

7 industry that is known as the Advanced Distribution

8 Learning initiative. However, the Secretary shall ensure

9 that the strategic plan is specifically focused on the train10 ing and education goals and objectives of the Department

11 of Defense.

12 (d) SUBMISSION TO CONGRESS.—The Secretary of

13 Defense shall submit the strategic plan to Congress not

14 later than March 1, 1999.

15 SEC. 1030. REPORT ON INVOLVEMENT OF ARMED FORCES

16 IN CONTINGENCY AND ONGOING OPER17 ATIONS.

18 (a) REPORT REQUIRED.—Not later than January 31,

19 1999, the Secretary of Defense shall submit to the con20 gressional defense committees a report on the involvement

21 of the Armed Forces of the United States in major contin22 gency operations and major ongoing operations since the

23 end of the Persian Gulf War, including such operations

24 as the involvement in the Stabilization Force in Bosnia

25 and Herzegovina, Operation Southern Watch, and Oper-
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1 ation Northern Watch. The report shall contain the follow2 ing:

3 (1) A discussion of the effects of that involve4 ment on retention and reenlistment of personnel in

5 the Armed Forces.

6 (2) The extent to which the use of combat sup7 port and combat service support personnel and

8 equipment of the Armed Forces in the operations

9 has resulted in shortages of Armed Forces personnel

10 and equipment in other regions of the world.

11 (3) The accounts from which funds have been

12 drawn to pay for the operations and the specific pro13 grams for which the funds were available until di14 verted to pay for the operations.

15 (4) The vital interests of the United States that

16 are involved in each operation or, if none, the inter17 ests of the United States that are involved in each

18 operation and a characterization of those interests.

19 (5) What clear and distinct objectives guide the

20 activities of United States forces in each operation.

21 (6) What the President has identified on the

22 basis of those objectives as the date, or the set of

23 conditions, that defines the end of each operation.
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1 (b) FORM OF REPORT.—The report shall be submit2 ted in unclassified form, but may also be submitted in a

3 classified form if necessary.

4 (c) MAJOR OPERATION DEFINED.—For the purposes

5 of this section, a contingency operation or an ongoing op6 eration is a major contingency operation or a major ongo7 ing operation, respectively, if the operation involves more

8 than 500 members of the Armed Forces.

9 SEC. 1031. SUBMISSION OF REPORT ON OBJECTIVES OF A

10 CONTINGENCY OPERATION WITH FIRST RE11 QUEST FOR FUNDING THE OPERATION.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) On May 3, 1994, the President issued Pres15 idential Decision Directive 25 declaring that Amer16 ican participation in United Nations and other peace

17 operations would depend in part on whether the role

18 of United States forces is tied to clear objectives and

19 an endpoint for United States participation can be

20 identified.

21 (2) Between that date and mid-1998, the Presi22 dent and other executive branch officials have obli23 gated or requested appropriations of approximately

24 $9,400,000,000 for military-related operations

25 throughout Bosnia and Herzegovina without provid-
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1 ing to Congress, in conjunction with the budget sub2 mission for any fiscal year, a strategic plan for such

3 operations under the criteria set forth in that Presi4 dential Decision Directive.

5 (3) Between November 27, 1995, and mid-1998

6 the President has established three deadlines, since

7 elapsed, for the termination of United States mili8 tary-related operations throughout Bosnia and

9 Herzegovina.

10 (4) On December 17, 1997, the President an11 nounced that United States ground combat forces

12 would remain in Bosnia and Herzegovina for an un13 known period of time.

14 (5) Approximately 47,880 United States mili15 tary personnel (excluding personnel serving in units

16 assigned to the Republic of Korea) have participated

17 in 14 international contingency operations between

18 fiscal years 1991 and 1998.

19 (6) The 1998 posture statements of the Navy

20 and Air Force included declarations that the pace of

21 military operations over fiscal year 1997 adversely

22 affected the readiness of non-deployed forces, per23 sonnel retention rates, and spare parts inventories of

24 the Navy and Air Force.
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1 (b) INFORMATION TO BE REPORTED WITH FUNDING

2 REQUEST.—Section 113 of title 10, United States Code,

3 is amended by adding at the end the following:

4 ‘‘(l) INFORMATION TO ACCOMPANY INITIAL FUND5 ING REQUEST FOR CONTINGENCY OPERATION.—When6 ever the President submits to Congress a request for ap7 propriations for costs associated with a contingency oper8 ation that involves, or likely will involve, the deployment

9 of more than 500 members of the armed forces, the Sec10 retary of Defense shall submit to Congress a report on

11 the objectives of the operation. The report shall include

12 a discussion of the following:

13 ‘‘(1) What clear and distinct objectives guide

14 the activities of United States forces in the oper15 ation.

16 ‘‘(2) What the President has identified on the

17 basis of those objectives as the date, or the set of

18 conditions, that defines the endpoint of the oper19 ation.’’.

20 SEC. 1032. REPORTS ON THE DEVELOPMENT OF THE EURO21 PEAN SECURITY AND DEFENSE IDENTITY.

22 (a) REQUIREMENT FOR REPORTS.—The Secretary of

23 Defense shall submit to the congressional defense commit24 tees in accordance with this section reports on the develop25 ment of the European Security and Defense Identity
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1 (ESDI) within the NATO Alliance that would enable the

2 Western European Union (WEU), with the consent of the

3 NATO Alliance, to assume the political control and strate4 gic direction of NATO assets and capabilities made avail5 able by the Alliance.

6 (b) REPORTS TO BE SUBMITTED.—The reports re7 quired to be submitted under subsection (a) are as follows:

8 (1) An initial report, submitted not later than

9 December 15, 1998, that contains a discussion of

10 the actions taken, and the plans for future actions,

11 to build the European Security and Defense Iden12 tity, together with the matters required under sub13 section (c).

14 (2) A semiannual report on the progress made

15 toward establishing the European Security and De16 fense Identity, submitted not later than March 15

17 and December 15 of each year after 1998.

18 (c) CONTENT OF REPORTS.—The Secretary shall in19 clude in each report under this section the following:

20 (1) A discussion of the arrangements between

21 NATO and the Western European Union for the re22 lease, transfer, monitoring, return, and recall of

23 NATO assets and capabilities.

24 (2) A discussion of the development of such

25 planning and other capabilities by the Western Eu-
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1 ropean Union that are necessary to provide political

2 control and strategic direction of NATO assets and

3 capabilities.

4 (3) A discussion of the development of terms of

5 reference for the Deputy Supreme Allied Com6 mander, Europe, with respect to the European Secu7 rity and Defense Identity.

8 (4) A discussion of the arrangements for the

9 assignment or appointment of NATO officers to

10 serve in two positions concurrently (commonly re11 ferred to as ‘‘dual-hatting’’).

12 (5) A discussion of the development of the

13 Combined Joint Task Force (CJTF) concept, includ14 ing lessons-learning from the NATO-led Stabiliza15 tion Force in Bosnia.

16 (6) Identification within the NATO Alliance of

17 the types of separable but not separate capabilities,

18 assets, and support assets for Western European

19 Union-led operations.

20 (7) Identification of separable but not separate

21 headquarters, headquarters elements, and command

22 positions for command and conduct of Western Eu23 ropean Union-led operations.

24 (8) The conduct by NATO, at the request of

25 and in coordination with the Western European
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1 Union, of military planning and exercises for illus2 trative missions.

3 (9) A discussion of the arrangements between

4 NATO and the Western European Union for the

5 sharing of information, including intelligence.

6 (10) Such other information as the Secretary

7 considers useful for a complete understanding of the

8 establishment of the European Security and Defense

9 Identity within the NATO Alliance.

10 (d) TERMINATION OF SEMIANNUAL REPORTING RE11 QUIREMENT.—No report is required under subsection

12 (b)(2) after the Secretary submits under that subsection

13 a report in which the Secretary states that the European

14 Security and Defense Identity has been fully established.

15 SEC. 1033. REPORT ON REDUCTION OF INFRASTRUCTURE

16 COSTS AT BROOKS AIR FORCE BASE, TEXAS.

17 (a) REQUIREMENT.—Not later than December 31,

18 1998, the Secretary of the Air Force shall, in consultation

19 with the Secretary of Defense, submit to the congressional

20 defense committees a report on means of reducing signifi21 cantly the infrastructure costs at Brooks Air Force Base,

22 Texas, while also maintaining or improving the support

23 for Department of Defense missions and personnel pro24 vided through Brooks Air Force Base.
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1 (b) ELEMENTS.—The report shall include the follow2 ing:

3 (1) A description of any barriers (including bar4 riers under law and through policy) to improved in5 frastructure management at Brooks Air Force Base.

6 (2) A description of means of reducing infra7 structure management costs at Brooks Air Force

8 Base through cost-sharing arrangements and more

9 cost-effective utilization of property.

10 (3) A description of any potential public part11 nerships or public-private partnerships to enhance

12 management and operations at Brooks Air Force

13 Base.

14 (4) An assessment of any potential for expand15 ing infrastructure management opportunities at

16 Brooks Air Force Base as a result of initiative con17 sidered at the Base or at other installations.

18 (5) An analysis (including appropriate data) on

19 current and projected costs of the ownership or lease

20 of Brooks Air Force Base under a variety of owner21 ship or leasing scenarios, including the savings that

22 would accrue to the Air Force under such scenarios

23 and a schedule for achieving such savings.
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1 (6) Any recommendations relating to reducing

2 the infrastructure costs at Brooks Air Force Base

3 that the Secretary considers appropriate.

4 SEC. 1034. ANNUAL GAO REVIEW OF F/A–18E/F AIRCRAFT

5 PROGRAM.

6 (a) REVIEW AND REPORT REQUIRED.—Not later

7 than June 15 of each year, the Comptroller General shall

8 review the F/A–18E/F aircraft program and submit to

9 Congress a report on the results of the review. The Comp10 troller General shall also submit to Congress with each

11 report a certification regarding whether the Comptroller

12 General has had access to sufficient information to make

13 informed judgments on the matters covered by the report.

14 (b) CONTENT OF REPORT.—The report submitted on

15 the program each year shall include the following:

16 (1) The extent to which engineering and manu17 facturing development and operational test and eval18 uation under the program are meeting the goals es19 tablished for engineering and manufacturing devel20 opment and operational test and evaluation under

21 the program, including the performance, cost, and

22 schedule goals.

23 (2) The status of modifications expected to

24 have a significant effect on the cost or performance

25 of the F/A–18E/F aircraft.
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1 (c) DURATION OF REQUIREMENT.—The Comptroller

2 General shall submit the first report under this section

3 not later than June 15, 1999. No report is required under

4 this section after the full rate production contract is

5 awarded under the program.

6 (d) REQUIREMENT TO SUPPORT ANNUAL GAO RE7 VIEW.—The Secretary of Defense and the prime contrac8 tors under the F/A–18E/F aircraft program shall timely

9 provide the Comptroller General with such information on

10 the program, including information on program perform11 ance, as the Comptroller General considers necessary to

12 carry out the responsibilities under this section.

13 SEC. 1035. REVIEW AND REPORT REGARDING THE DIS14 TRIBUTION OF NATIONAL GUARD RE15 SOURCES AMONG STATES.

16 (a) REQUIREMENT FOR REVIEW.—The Chief of the

17 National Guard Bureau shall review the process used for

18 allocating and distributing resources, including all cat19 egories of full-time manning, among the States for the Na20 tional Guard of the States.

21 (b) PURPOSE OF REVIEW.—The purpose of the re22 view is to determine whether the process provides for ade23 quately funding the National Guard of the States that

24 have within the National Guard no unit or few (15 or less)

25 units categorized in readiness tiers I, II, and III.
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1 (c) MATTERS REVIEWED.—The matters reviewed

2 shall include the following:

3 (1) The factors considered for the process of

4 determining the distribution of resources, including

5 the weights assigned to the factors.

6 (2) The extent to which the process results in

7 funding for the units of the States described in sub8 section (b) at the levels necessary to optimize the

9 preparedness of the units to meet the mission re10 quirements applicable to the units.

11 (3) The effects that funding at levels deter12 mined under the process will have on the National

13 Guard of those States in the future, including the ef14 fects on all categories of full-time manning, and unit

15 readiness, recruitment, and continued use of existing

16 National Guard armories and other facilities.

17 (d) REPORT.—Not later than March 15, 1999, the

18 Chief of the National Guard Bureau shall submit a report

19 on the results of the review to the congressional defense

20 committees.

21 SEC. 1036. REPORT ON THE PEACEFUL EMPLOYMENT OF

22 FORMER SOVIET EXPERTS ON WEAPONS OF

23 MASS DESTRUCTION.

24 (a) REPORT REQUIRED.—Not later than January 31,

25 1999, the Secretary of Defense shall submit to the con-
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1 gressional defense committees a report on the need for and

2 the feasibility of programs, other than those involving the

3 development or promotion of commercially viable propos4 als, to further United States nonproliferation objectives

5 regarding former Soviet experts in ballistic missiles or

6 weapons of mass destruction. The report shall contain an

7 analysis of the following:

8 (1) The number of such former Soviet experts

9 who are, or are likely to become within the coming

10 decade, unemployed, underemployed, or unpaid and,

11 therefore, at risk of accepting export orders, con12 tracts, or job offers from countries developing weap13 ons of mass destruction.

14 (2) The extent to which the development of

15 nonthreatening, commercially viable products and

16 services, with or without United States assistance,

17 can reasonably be expected to employ such former

18 experts.

19 (3) The extent to which projects that do not in20 volve the development of commercially viable prod21 ucts or services could usefully employ additional

22 such former experts.

23 (4) The likely cost and benefits of a 10-year

24 program of United States or international assistance

25 to projects of the sort discussed in paragraph (3).
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1 (b) CONSULTATION REQUIREMENT.—The report

2 shall be prepared in consultation with the Secretary of

3 State, the Secretary of Energy, and such other officials

4 as the Secretary of Defense considers appropriate.

5 Subtitle D—Other Matters

6 SEC. 1041. COOPERATIVE COUNTERPROLIFERATION PRO7 GRAM.

8 (a) ASSISTANCE AUTHORIZED.—Subject to sub9 section (b), the Secretary of Defense may provide a foreign

10 country or any of its instrumentalities with assistance that

11 the Secretary determines necessary for destroying, remov12 ing, or obtaining from that country—

13 (1) weapons of mass destruction; or

14 (2) materials, equipment, or technology related

15 to the delivery or development of weapons of mass

16 destruction.

17 (b) CERTIFICATION REQUIRED.—(1) Not later than

18 15 days before providing assistance under subsection (a)

19 regarding weapons, materials, equipment, or technology

20 referred to in that subsection, the Secretary of Defense

21 shall certify to the congressional defense committees that

22 the weapons, materials, equipment, or technology meet

23 each of the following requirements:
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1 (A) The weapons, materials, equipment, or

2 technology are at risk of being sold or otherwise

3 transferred to a restricted foreign state or entity.

4 (B) The transfer of the weapons, materials,

5 equipment, or technology would pose a significant

6 threat to national security interests of the United

7 States or would significantly advance a foreign coun8 try’s weapon program that threatens national secu9 rity interests of the United States.

10 (C) Other options for securing or otherwise pre11 venting the transfer of the weapons, materials,

12 equipment, or technology have been considered and

13 rejected as ineffective or inadequate.

14 (2) The Secretary may waive the deadline for submit15 ting a certification required under paragraph (1) in any

16 case if the Secretary determines that compliance with the

17 requirement would compromise national security objec18 tives of the United States in that case. The Secretary shall

19 promptly notify the Chairman and ranking minority mem20 bers of the congressional defense committees regarding the

21 waiver and submit the certification not later than 45 days

22 after completing the action of providing the assistance in

23 the case.

24 (3) No assistance may be provided under subsection

25 (a) in any case unless the Secretary submits the certifi-
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1 cation required under paragraph (1) or a notification re2 quired under paragraph (2) in such case.

3 (c) ANNUAL REPORTS.—(1) Not later than January

4 30 of each year, the Secretary of Defense shall submit

5 to the congressional defense committees a report on the

6 activities carried out under this section. The first annual

7 report shall be submitted not later than January 30, 2000.

8 (2) Each annual report shall set forth in separate sec9 tions for the previous year the following:

10 (A) The assistance provided under this section

11 and the purposes for which provided.

12 (B) The sources of funds for the assistance pro13 vided.

14 (C) Any assistance provided for the Department

15 of Defense under this section by any other depart16 ment or agency of the Federal Government, together

17 with the source or sources of that assistance.

18 (D) Any other information that the Secretary

19 considers appropriate for informing the appropriate

20 congressional committees about actions taken under

21 this section.

22 (d) DEFINITIONS.—In this section:

23 (1) The term ‘‘restricted foreign state or en24 tity’’, with respect to weapons, materials, equipment,
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1 or technology covered by a certification of the Sec2 retary of Defense under subsection (b), means—

3 (A) any foreign country the government of

4 which has repeatedly provided support for acts

5 of international terrorism, as determined by the

6 Secretary of State determines under section

7 620A of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2371); or

9 (B) any foreign state or entity that the

10 Secretary of Defense determines would con11 stitute a military threat to the territory of the

12 United States, national security interests of the

13 United States, or allies of the United States, if

14 that foreign state or entity were to possess the

15 weapons, materials, equipment, or technology.

16 (2) The term ‘‘weapon of mass destruction’’ has

17 the meaning given that term in section 1402 of the

18 Defense Against Weapons of Mass Destruction Act

19 of 1996 (50 U.S.C. 2302(1)).

20 SEC. 1042. EXTENSION OF COUNTERPROLIFERATION AU21 THORITIES FOR SUPPORT OF UNITED NA22 TIONS SPECIAL COMMISSION ON IRAQ.

23 Section 1505 of the Weapons of Mass Destruction

24 Control Act of 1992 (title XV of Public Law 102–484;

25 22 U.S.C. 5859a) is amended—
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1 (1) in subsection (d)(3), by striking out ‘‘or

2 $15,000,000 for fiscal year 1998’’ and inserting in

3 lieu thereof ‘‘or $15,000,000 for each of fiscal years

4 1998 and 1999’’; and

5 (2) in subsection (f), by striking out ‘‘fiscal

6 year 1998’’ and inserting in lieu thereof ‘‘fiscal year

7 1999’’.

8 SEC. 1043. ONE-YEAR EXTENSION OF LIMITATION ON RE9 TIREMENT OR DISMANTLEMENT OF STRATE10 GIC NUCLEAR DELIVERY SYSTEMS.

11 Section 1302 of the National Defense Authorization

12 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

13 1948) is amended—

14 (1) by striking out ‘‘during fiscal year 1998’’

15 each place it appears and inserting in lieu thereof

16 ‘‘during any fiscal year’’; and

17 (2) by adding at the end the following:

18 ‘‘(g) APPLICABILITY TO FISCAL YEARS 1998 and

19 1999.—This section applies to fiscal years 1998 and

20 1999.’’.

21 SEC. 1044. DIRECT-LINE COMMUNICATION BETWEEN

22 UNITED STATES AND RUSSIAN COMMANDERS

23 OF STRATEGIC FORCES.

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that a direct line of communication between the com-
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1 manders in chief of the United States Strategic and Space

2 Commands and the Commander of the Russian Strategic

3 Rocket Forces could be a useful confidence-building tool.

4 (b) REPORT.—Not later than two months after the

5 date of the enactment of this Act, the Secretary of Defense

6 shall submit to the Committee on Armed Services of the

7 Senate and to the Committee on National Security of the

8 House of Representatives a report on the feasibility of ini9 tiating discussions on direct-line communication described

10 in subsection (a).

11 SEC. 1045. CHEMICAL WARFARE DEFENSE.

12 (a) REVIEW AND MODIFICATION OF POLICIES AND

13 DOCTRINE.—The Secretary of Defense shall review the

14 policies and doctrines of the Department of Defense on

15 chemical warfare defense and modify the policies and doc16 trine as appropriate to achieve the objectives set forth in

17 subsection (b).

18 (b) OBJECTIVES.—The objectives for the modifica19 tion of policies and doctrines of the Department of De20 fense on chemical warfare defense are as follows:

21 (1) To provide for adequate protection of per22 sonnel from any low-level exposure to a chemical

23 warfare agent that would endanger the health of ex24 posed personnel because of the deleterious effects

25 of—
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1 (A) a single exposure to the agent;

2 (B) exposure to the agent concurrently

3 with other dangerous exposures, such as expo4 sures to—

5 (i) other potentially toxic substances

6 in the environment, including pesticides,

7 other insect and vermin control agents,

8 and environmental pollutants;

9 (ii) low-grade nuclear and electro10 magnetic radiation present in the environ11 ment;

12 (iii) preventive medications (that are

13 dangerous when taken concurrently with

14 other dangerous exposures referred to in

15 this paragraph); and

16 (iv) occupational hazards, including

17 battlefield hazards; and

18 (C) repeated exposures to the agent, or

19 some combination of one or more exposures to

20 the agent and other dangerous exposures re21 ferred to in subparagraph (B), over time.

22 (2) To provide for—

23 (A) the prevention of and protection

24 against, and the detection (including confirma25 tion) of, exposures to a chemical warfare agent
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1 (whether intentional or inadvertent) at levels

2 that, even if not sufficient to endanger health

3 immediately, are greater than the level that is

4 recognized under Department of Defense poli5 cies as being the maximum safe level of expo6 sure to that agent for the general population;

7 and

8 (B) the recording, reporting, coordinating,

9 and retaining of information on possible expo10 sures described in subparagraph (A), including

11 the monitoring of the health effects of expo12 sures on humans and animals, and the docu13 menting and reporting of those health effects

14 specifically by location.

15 (3) Provide solutions for the concerns and mis16 sion requirements that are specifically applicable for

17 one or more of the Armed Forces in a protracted

18 conflict when exposures to chemical agents could be

19 complex, dynamic, and occurring over an extended

20 period.

21 (c) RESEARCH PROGRAM.—The Secretary of Defense

22 shall develop and carry out a plan to establish a research

23 program for determining the effects of chronic and low24 dose exposures to chemical warfare agents. The research

25 shall be designed to yield results that can guide the Sec-
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1 retary in the evolution of policy and doctrine on low-level

2 exposures to chemical warfare agents. The plan shall state

3 the objectives and scope of the program and include a 5-

4 year funding plan.

5 (d) REPORT.—Not later than May 1, 1999, the Sec6 retary of Defense shall submit to the Committee on Armed

7 Services of the Senate and the Committee on National Se8 curity of the House of Representatives a report on the re9 sults of the review under subsection (a) and on the re10 search program developed under subsection (c). The re11 port shall include the following:

12 (1) Each modification of chemical warfare de13 fense policy and doctrine resulting from the review.

14 (2) Any recommended legislation regarding

15 chemical warfare defense.

16 (3) The plan for the research program.

17 SEC. 1046. ACCOUNTING TREATMENT OF ADVANCE PAY18 MENT OF PERSONNEL.

19 (a) TREATMENT.—Section 1006 of title 37, United

20 States Code, is amended by adding at the end the follow21 ing:

22 ‘‘(l) Notwithstanding any provision of chapter 15 of

23 title 31, an amount paid a member under this section in

24 advance of the fiscal year in which the member’s entitle25 ment to that amount accrues—
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1 ‘‘(1) shall be treated as being obligated and ex2 pended in that fiscal year; and

3 ‘‘(2) may not be treated as reducing the unobli4 gated balance of the appropriations available for

5 military personnel, Reserve personnel, or National

6 Guard personnel, as the case may be, for the fiscal

7 year in which paid.’’.

8 (b) APPLICABILITY.—Subsection (l) of section 1006

9 of title 37, United States Code (as added by subsection

10 (a)), shall apply to advance payments made under such

11 section in fiscal years beginning after September 30, 1997.

12 SEC. 1047. REINSTATEMENT OF DEFINITION OF FINANCIAL

13 INSTITUTION IN AUTHORITIES FOR REIM14 BURSING DEFENSE PERSONNEL FOR GOV15 ERNMENT ERRORS IN DIRECT DEPOSITS OF

16 PAY.

17 (a) MEMBERS OF THE ARMED FORCES.—Section

18 1053(d)(1) of title 10, United States Code, is amended

19 to read as follows:

20 ‘‘(1) The term ‘financial institution’ means a

21 bank, savings and loan association or similar institu22 tion, or a credit union chartered by the United

23 States Government or a State.’’.
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1 (b) CIVILIAN EMPLOYEES.—Section 1594(d)(1) of

2 title 10, United States Code, is amended to read as fol3 lows:

4 ‘‘(1) The term ‘financial institution’ means a

5 bank, savings and loan association or similar institu6 tion, or a credit union chartered by the United

7 States Government or a State.’’.

8 SEC. 1048. PILOT PROGRAM ON ALTERNATIVE NOTICE OF

9 RECEIPT OF LEGAL PROCESS FOR GARNISH10 MENT OF FEDERAL PAY FOR CHILD SUPPORT

11 AND ALIMONY.

12 (a) PROGRAM REQUIRED.—The Secretary of Defense

13 shall conduct a pilot program on alternative notice proce14 dures for withholding or garnishment of pay for the pay15 ment of child support and alimony under section 459 of

16 the Social Security Act (42 U.S.C. 659).

17 (b) PURPOSE.—The purpose of the pilot program is

18 to test the efficacy of providing notice in accordance with

19 subsection (c) to the person whose pay is to be withheld

20 or garnisheed.

21 (c) NOTICE REQUIREMENTS.—Under the pilot pro22 gram, if an agent designated under paragraph (1) of sec23 tion 459(c) of the Social Security Act for members of the

24 Armed Forces or employees of the Department of Defense

25 receives notice or service of a court order, notice to with-
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1 hold, or other legal process regarding a child support or

2 alimony obligation of such a member or employee, the

3 agent may omit from the notice that the agent sends to

4 the member or employee under paragraph (2)(A) of that

5 section the copy of the notice or service received by the

6 agent. The agent shall include in the notice, which shall

7 be in writing, the following:

8 (1) A description of the court order, notice to

9 withhold, or other legal process.

10 (2) The identity of the court, administrative

11 agency, or official that issued the order.

12 (3) The case number assigned by the court, ad13 ministrative agency, or official.

14 (4) The amount of the obligation.

15 (5) The name of each person for whom the sup16 port or alimony is provided.

17 (6) The name, address, and telephone number

18 of the person or office from which a copy of the no19 tice or service may be obtained.

20 (d) PERIOD OF PILOT PROGRAM.—The Secretary

21 shall commence the pilot program not later than 90 days

22 after the date of the enactment of this Act. The pilot pro23 gram shall terminate on September 30, 2000.
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1 (e) REPORT.—Not later than April 1, 2001, the Sec2 retary shall submit a report on the pilot program to Con3 gress. The report shall contain the following:

4 (1) The number of notices that were issued in

5 accordance with subsection (c) during the period of

6 the pilot program.

7 (2) The number of persons who requested cop8 ies of the notice or service of the court order, notice

9 of withholding, or other legal process involved.

10 (3) Any communication received by the Sec11 retary or an agent referred to in subsection (c) com12 plaining about not being furnished a copy of the no13 tice or service of the court order, notice of withhold14 ing, or other legal process with the agent’s notice.

15 SEC. 1049. COSTS PAYABLE TO THE DEPARTMENT OF DE16 FENSE AND OTHER FEDERAL AGENCIES FOR

17 SERVICES PROVIDED TO THE DEFENSE COM18 MISSARY AGENCY.

19 (a) LIMITATION.—Section 2482(b)(1) of title 10,

20 United States Code, is amended by adding at the end the

21 following: ‘‘However, the Defense Commissary Agency

22 may not pay for any such service any amount that exceeds

23 the price at which the service could be procured in full

24 and open competition (as such term is defined in section
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1 4(6) of the Office of Federal Procurement Policy Act (41

2 U.S.C. 403(6)).’’.

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply with respect to services

6 provided or obtained on or after that date.

7 SEC. 1050. COLLECTION OF DISHONORED CHECKS PRE8 SENTED AT COMMISSARY STORES.

9 Section 2486 of title 10, United States Code, is

10 amended by adding at the end the following:

11 ‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1)

12 The Secretary of Defense may impose a charge for the

13 collection of a check accepted at a commissary store that

14 is not honored by the financial institution on which the

15 check is drawn. The imposition and amounts of charges

16 shall be consistent with practices of commercial grocery

17 stores regarding dishonored checks.

18 ‘‘(2)(A) The following persons are liable to the United

19 States for the amount of a check referred to in paragraph

20 (1) that is returned unpaid to the United States, together

21 with any charge imposed under that paragraph:

22 ‘‘(i) The person who presented the check.

23 ‘‘(ii) Any person whose status and relationship

24 to the person who presented the check provide the
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1 basis for that person’s eligibility to make purchases

2 at a commissary store.

3 ‘‘(B) Any amount for which a person is liable under

4 subparagraph (A) may be collected by deducting and with5 holding such amount from any amounts payable to that

6 person by the United States.

7 ‘‘(3) Amounts collected as charges imposed under

8 paragraph (1) shall be credited to the commissary trust

9 revolving fund.

10 ‘‘(4) Appropriated funds may be used to pay any

11 costs incurred in the collection of checks and charges re12 ferred to in paragraph (1). An appropriation account

13 charged a cost under the preceding sentence shall be reim14 bursed the amount of that cost out of funds in the com15 missary trust revolving fund.

16 ‘‘(5) In this subsection, the term ‘commissary trust

17 revolving fund’ means the trust revolving fund maintained

18 by the Department of Defense for surcharge collections

19 and proceeds of sales of commissary stores.’’.

20 SEC. 1051. DEFENSE COMMISSARY AGENCY TELECOMMUNI21 CATIONS.

22 (a) USE OF FTS 2000 / 2001.—The Secretary of De23 fense shall prescribe in regulations authority for the De24 fense Commissary Agency to meet its telecommunication

25 requirements by obtaining telecommunication services and
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1 related items under the FTS 2000 / 2001 contract through

2 a frame relay system procured for the agency.

3 (b) REPORT.—Upon the initiation of telecommuni4 cation service for the Defense Commissary Agency under

5 the FTS 2000 / 2001 contract through the frame relay sys6 tem, the Secretary of Defense shall submit to Congress

7 a notification that the service has been initiated.

8 (c) DEFINITION.—In this section, the term

9 ‘‘FTS 2000 / 2001 contract’’ means the contract for the

10 provision of telecommunication services for the Federal

11 Government that was entered into by the Defense Infor12 mation Technology Contract Organization.

13 SEC. 1052. RESEARCH GRANTS COMPETITIVELY AWARDED

14 TO SERVICE ACADEMIES.

15 (a) UNITED STATES MILITARY ACADEMY.—(1)

16 Chapter 403 of title 10, United States Code, is amended

17 by adding at the end the following new section:

18 ‘‘§ 4358. Research grants: acceptance, application,

19 and use

20 ‘‘(a) ACCEPTANCE OF COMPETITIVELY AWARDED

21 GRANTS.—The Superintendent of the Academy may ac22 cept a research grant that is awarded on a competitive

23 basis by a source referred to in subsection (b) for a re24 search project that is to be carried out by a professor or
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1 instructor of the Academy for a scientific, literary, or edu2 cational purpose.

3 ‘‘(b) APPLICATION FOR GRANTS.—A professor or in4 structor of the Academy, together with the Superintend5 ent, may apply for a research grant referred to in sub6 section (a) from any corporation, fund, foundation, edu7 cational institution, or similar entity that is organized and

8 operated primarily for scientific, literary, or educational

9 purposes.

10 ‘‘(c) ADMINISTRATION OF GRANT PROCEEDS.—The

11 Superintendent shall establish a special account for ad12 ministering the proceeds of a research grant accepted

13 under subsection (a) and shall use the account for the ad14 ministration of such proceeds in accordance with applica15 ble regulations and the terms and conditions of the grant.

16 ‘‘(d) RELATED EXPENSES.—Subject to such limita17 tions as may be provided in appropriations Acts, appro18 priations available for the Academy may be used to pay

19 expenses incurred by the Academy in pursuit of an award

20 of a research grant authorized to be accepted under sub21 section (a).

22 ‘‘(e) REGULATIONS.—The Secretary of the Army

23 shall prescribe in regulations the requirements, restric24 tions, and conditions that the Secretary considers appro-
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1 priate for the exercise and administration of the authority

2 under this section.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new item:

‘‘4358. Research grants: acceptance, application, and use.’’.

6 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter

7 603 of title 10, United States Code, is amended by adding

8 at the end the following new section:

9 ‘‘§ 6977. Research grants: acceptance, application,

10 and use

11 ‘‘(a) ACCEPTANCE OF COMPETITIVELY AWARDED

12 GRANTS.—The Superintendent of the Academy may ac13 cept a research grant that is awarded on a competitive

14 basis by a source referred to in subsection (b) for a re15 search project that is to be carried out by a professor or

16 instructor of the Academy for a scientific, literary, or edu17 cational purpose.

18 ‘‘(b) APPLICATION FOR GRANTS.—A professor or in19 structor of the Academy, together with the Superintend20 ent, may apply for a research grant referred to in sub21 section (a) from any corporation, fund, foundation, edu22 cational institution, or similar entity that is organized and

23 operated primarily for scientific, literary, or educational

24 purposes.
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1 ‘‘(c) ADMINISTRATION OF GRANT PROCEEDS.—The

2 Superintendent shall establish a special account for ad3 ministering the proceeds of a research grant accepted

4 under subsection (a) and shall use the account for the ad5 ministration of such proceeds in accordance with applica6 ble regulations and the terms and conditions of the grant.

7 ‘‘(d) RELATED EXPENSES.—Subject to such limita8 tions as may be provided in appropriations Acts, appro9 priations available for the Academy may be used to pay

10 expenses incurred by the Academy in pursuit of an award

11 of a research grant authorized to be accepted under sub12 section (a).

13 ‘‘(e) REGULATIONS.—The Secretary of the Navy

14 shall prescribe in regulations the requirements, restric15 tions, and conditions that the Secretary considers appro16 priate for the exercise and administration of the authority

17 under this section.’’.

18 (2) The table of sections at the beginning of such

19 chapter is amended by adding at the end the following

20 new item:

‘‘6977. Research grants: acceptance, application, and use.’’.

21 (c) UNITED STATES AIR FORCE ACADEMY.—(1)

22 Chapter 903 of title 10, United States Code, is amended

23 by adding at the end the following new section:
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1 ‘‘§ 9357. Research grants: acceptance, application,

2 and use

3 ‘‘(a) ACCEPTANCE OF COMPETITIVELY AWARDED

4 GRANTS.—The Superintendent of the Academy may ac5 cept a research grant that is awarded on a competitive

6 basis by a source referred to in subsection (b) for a re7 search project that is to be carried out by a professor or

8 instructor of the Academy for a scientific, literary, or edu9 cational purpose.

10 ‘‘(b) APPLICATION FOR GRANTS.—A professor or in11 structor of the Academy, together with the Superintend12 ent, may apply for a research grant referred to in sub13 section (a) from any corporation, fund, foundation, edu14 cational institution, or similar entity that is organized and

15 operated primarily for scientific, literary, or educational

16 purposes.

17 ‘‘(c) ADMINISTRATION OF GRANT PROCEEDS.—The

18 Superintendent shall establish a special account for ad19 ministering the proceeds of a research grant accepted

20 under subsection (a) and shall use the account for the ad21 ministration of such proceeds in accordance with applica22 ble regulations and the terms and conditions of the grant.

23 ‘‘(d) RELATED EXPENSES.—Subject to such limita24 tions as may be provided in appropriations Acts, appro25 priations available for the Academy may be used to pay

26 expenses incurred by the Academy in pursuit of an award
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1 of a research grant authorized to be accepted under sub2 section (a).

3 ‘‘(e) REGULATIONS.—The Secretary of the Air Force

4 shall prescribe in regulations the requirements, restric5 tions, and conditions that the Secretary considers appro6 priate for the exercise and administration of the authority

7 under this section.’’.

8 (2) The table of sections at the beginning of such

9 chapter is amended by adding at the end the following

10 new item:

‘‘9357. Research grants: acceptance, application, and use.’’.

11 SEC. 1053. CLARIFICATION AND SIMPLIFICATION OF RE12 SPONSIBILITIES OF INSPECTORS GENERAL

13 REGARDING WHISTLEBLOWER PROTEC14 TIONS.

15 (a) ROLES OF INSPECTORS GENERAL OF THE ARMED

16 FORCES.—(1) Subsection (c) of section 1034 of title 10,

17 United States Code, is amended—

18 (A) by striking out paragraph (1) and inserting

19 in lieu thereof the following:

20 ‘‘(1) If a member of the armed forces submits to an

21 Inspector General an allegation that a personnel action

22 prohibited by subsection (b) has been taken (or threat23 ened) against the member with respect to a communica24 tion described in paragraph (2), the Inspector General of

25 the Department of Defense or the Inspector General of
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1 the armed force concerned shall take the action required

2 under paragraph (3).’’; and

3 (B) by striking out paragraph (3) and inserting

4 in lieu thereof the following:

5 ‘‘(3) The Inspector General receiving an allegation as

6 described in paragraph (1) shall expeditiously determine

7 whether there is sufficient evidence to warrant an inves8 tigation of the allegation. Upon determining that an inves9 tigation is warranted, the Inspector General shall expedi10 tiously investigate the allegation. In the case of an allega11 tion received by the Inspector General of the Department

12 of Defense, the Inspector General may delegate that duty

13 to the Inspector General of the armed force concerned.

14 Neither an initial determination nor an investigation is re15 quired under this paragraph in the case of an allegation

16 made more than 60 days after the date on which the mem17 ber becomes aware of the personnel action that is the sub18 ject of the allegation.

19 ‘‘(4) If an Inspector General within a military depart20 ment receives an allegation covered by this subsection,

21 that Inspector General shall promptly notify the Inspector

22 General of the Department of Defense of the allegation

23 in accordance with regulations prescribed under sub24 section (h).
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1 ‘‘(5) The Inspector General of the Department of De2 fense, or the Inspector General of the Department of

3 Transportation (in the case of a member of the Coast

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

5 in the Navy), shall ensure that the inspector general con6 ducting the investigation of an allegation under this para7 graph is outside the immediate chain of command of both

8 the member submitting the allegation and the individual

9 or individuals alleged to have taken the retaliatory ac10 tion.’’.

11 (2) Subsection (d) of such section is amended—

12 (A) by striking out ‘‘the Inspector General shall

13 conduct’’ and inserting in lieu thereof ‘‘an Inspector

14 General shall conduct’’; and

15 (B) by adding at the end the following: ‘‘In the

16 case of an allegation received by the Inspector Gen17 eral of the Department of Defense, the Inspector

18 General may delegate that duty to the Inspector

19 General of the armed force concerned.’’.

20 (b) MISMANAGEMENT COVERED BY PROTECTED

21 COMMUNICATIONS.—Subsection (c)(2)(B) of such section

22 is amended by striking out ‘‘Mismanagement’’ and insert23 ing in lieu thereof ‘‘Gross mismanagement’’.
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1 (c) SIMPLIFIED REPORTING AND NOTICE REQUIRE2 MENTS.—(1) Paragraph (1) of subsection (e) of such sec3 tion is amended—

4 (A) by striking out ‘‘the Inspector General shall

5 submit a report on’’ and inserting in lieu thereof

6 ‘‘the Inspector General conducting the investigation

7 shall provide’’; and

8 (B) inserting ‘‘shall transmit a copy of the re9 port on the results of the investigation to’’ before

10 ‘‘the member of the armed forces’’.

11 (2) Paragraph (2) of such subsection is amended by

12 adding at the end the following: ‘‘However, the copy need

13 not include summaries of interviews conducted, nor any

14 document acquired, during the course of the investigation.

15 Such items shall be transmitted to the member if the

16 member requests the items, whether before or after the

17 copy of the report is transmitted to the member.’’.

18 (3) Paragraph (3) of such subsection is amended by

19 striking out ‘‘90 days’’ and inserting in lieu thereof ‘‘120

20 days’’.

21 (d) REPEAL OF POST-INVESTIGATION INTERVIEW

22 REQUIREMENT.—Subsection (h) of such section is re23 pealed.

24 (e) INSPECTOR GENERAL DEFINED.—Subsection

25 (j)(2) of such section is amended—
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1 (1) by redesignating subparagraph (B) as sub2 paragraph (G) and, in that subparagraph, by strik3 ing out ‘‘an officer’’ and inserting in lieu thereof

4 ‘‘An officer’’;

5 (2) by striking out subparagraph (A) and in6 serting in lieu thereof the following:

7 ‘‘(A) The Inspector General of the Depart8 ment of Defense.

9 ‘‘(B) The Inspector General of the Depart10 ment of Transportation, in the case of a mem11 ber of the Coast Guard when the Coast Guard

12 is not operating as a service in the Navy.

13 ‘‘(C) The Inspector General of the Army,

14 in the case of a member of the Army.

15 ‘‘(D) The Naval Inspector General, in the

16 case of a member of the Navy.

17 ‘‘(E) The Inspector General of the Air

18 Force, in the case of a member of the Air

19 Force.

20 ‘‘(F) The Deputy Naval Inspector General

21 for Marine Corps Matters, in the case of a

22 member of the Marine Corps.’’; and

23 (3) in the matter preceding subparagraph (A),

24 by striking out ‘‘means—’’ and inserting in lieu

25 thereof ‘‘means the following:’’.
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1 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

2 (1) Subsections (i) and (j) of such section are redesignated

3 as subsections (h) and (i), respectively.

4 (2) Subsection (b)(1)(B)(ii) of such section is amend5 ed by striking out ‘‘subsection (j))’’ and inserting in lieu

6 thereof ‘‘subsection (i)) or any other Inspector General ap7 pointed under the Inspector General Act of 1978’’.

8 SEC. 1054. AMOUNTS RECOVERED FROM CLAIMS AGAINST

9 THIRD PARTIES FOR LOSS OR DAMAGE TO

10 PERSONAL PROPERTY SHIPPED OR STORED

11 AT GOVERNMENT EXPENSE.

12 (a) IN GENERAL.—Chapter 163 of title 10, United

13 States Code, is amended by adding at the end the follow14 ing new section:

15 ‘‘§ 2739. Amounts recovered from claims against third

16 parties for loss or damage to personal

17 property shipped or stored at Govern18 ment expense

19 ‘‘(a) CREDITING OF COLLECTIONS.—Amounts col20 lected as described in subsection (b) by or for a military

21 department in any fiscal year shall be credited to the ap22 propriation that is available for that fiscal year for the

23 military department for the payment of claims for loss or

24 damage of personal property shipped or stored at Govern25 ment expense. Amounts so credited shall be merged with
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1 the funds in the appropriation and shall be available for

2 the same period and purposes as the funds with which

3 merged.

4 ‘‘(b) COLLECTIONS COVERED.—An amount author5 ized for crediting in accordance with subsection (a) is any

6 amount that a military department collects under sections

7 3711, 3716, 3717 and 3721 of title 31 from a third party

8 for a loss or damage to personal property that occurred

9 during shipment or storage of the property at Government

10 expense and for which the Secretary of the military de11 partment paid the owner in settlement of a claim.’’.

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

13 at the beginning of such chapter is amended by adding

14 at the end the following new item:

‘‘2739. Amounts recovered from claims against third parties for loss or damage

to personal property shipped or stored at government expense.’’.

15 SEC. 1055. ELIGIBILITY FOR ATTENDANCE AT DEPART16 MENT OF DEFENSE DOMESTIC DEPENDENT

17 ELEMENTARY AND SECONDARY SCHOOLS.

18 (a) MILITARY DEPENDENTS.—Subsection (a) of sec19 tion 2164 of title 10, United States Code, is amended—

20 (1) by designating the first sentence as para21 graph (1);

22 (2) by designating the second sentence as para23 graph (2); and
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1 (3) by adding at the end of paragraph (2), as

2 so designated, the following: ‘‘The Secretary may

3 also permit a dependent of a member of the armed

4 forces to enroll in such a program if the dependent

5 is residing in such a jurisdiction, whether on or off

6 a military installation, while the member is assigned

7 away from that jurisdiction on a remote or unaccom8 panied assignment under permanent change of sta9 tion orders.’’.

10 (b) EMPLOYEE DEPENDENTS.—Subsection (c)(2) of

11 such section is amended by striking out subparagraph (B)

12 and inserting in lieu thereof the following:

13 ‘‘(B) The Secretary may extend the enrollment of a

14 dependent referred to in subparagraph (A) in the program

15 for more than five consecutive school years if the Secretary

16 determines that the dependent is eligible under paragraph

17 (1), space is available in the program, and adequate ar18 rangements are made for reimbursement of the Secretary

19 for the costs to the Secretary of the educational services

20 provided for the dependent. An extension shall be for only

21 one school year, but the Secretary may authorize a succes22 sive extension each year for the next school year upon

23 making the determinations required under the preceding

24 sentence for that next school year.’’.
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1 (c) CUSTOMS SERVICE EMPLOYEE DEPENDENTS IN

2 PUERTO RICO.—(1) Subsection (c) of such section is fur3 ther amended by adding at the end the following:

4 ‘‘(4)(A) A dependent of a United States Customs

5 Service employee who resides in Puerto Rico but not on

6 a military installation may enroll in an educational pro7 gram provided by the Secretary pursuant to subsection (a)

8 in Puerto Rico.

9 ‘‘(B) Notwithstanding the limitation on duration of

10 enrollment set forth in paragraph (2), a dependent de11 scribed in subparagraph (A) who is enrolled in an edu12 cation program described in that subparagraph may be re13 moved from the program only for good cause (as deter14 mined by the Secretary). No requirement under that para15 graph for reimbursement of the Secretary for the costs

16 of educational services provided for the dependent shall

17 apply with respect to the dependent.

18 ‘‘(C) In the event of the death in the line of duty

19 of an employee described in subparagraph (A), a depend20 ent of the employee may remain enrolled in an educational

21 program described in that subparagraph until—

22 ‘‘(i) the end of the academic year in which the

23 death occurs; or

24 ‘‘(ii) the dependent is removed for good cause

25 (as so determined).’’.
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1 (2) The amendment made by paragraph (1) shall

2 take effect on the date of enactment of this Act and apply

3 to academic years beginning on or after that date.

4 SEC. 1056. FEES FOR PROVIDING HISTORICAL INFORMA5 TION TO THE PUBLIC.

6 (a) ARMY.—(1) Chapter 437 of title 10, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘§ 4595. Army Military History Institute: fee for pro10 viding historical information to the pub11 lic

12 ‘‘(a) AUTHORITY.—Except as provided in subsection

13 (b), the Secretary of the Army may charge a person a fee

14 for providing the person with information requested by the

15 person that is provided from the United States Army Mili16 tary History Institute.

17 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

18 this section—

19 ‘‘(1) to a person for information that the person

20 requests to carry out a duty as a member of the

21 armed forces or an officer or employee of the United

22 States; or

23 ‘‘(2) for a release of information under section

24 552 of title 5.
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1 ‘‘(c) LIMITATION ON AMOUNT OF FEE.—The amount

2 of the fee charged under this section for providing infor3 mation may not exceed the cost of providing the informa4 tion.

5 ‘‘(d) RETENTION OF FEES.—Amounts received under

6 subsection (a) for providing information in any fiscal year

7 shall be credited to the appropriation or appropriations

8 charged the costs of providing information to the public

9 from the United States Army Military History Institute

10 during that fiscal year.

11 ‘‘(e) DEFINITIONS.—In this section:

12 ‘‘(1) The term ‘United States Army Military

13 History Institute’ means the archive for historical

14 records and materials of the Army that the Sec15 retary of the Army designates as the primary ar16 chive for such records and materials.

17 ‘‘(2) The terms ‘officer of the United States’

18 and ‘employee of the United States’ have the mean19 ings given those terms in sections 2104 and 2105,

20 respectively, of title 5.’’.

21 (2) The table of sections at the beginning of such

22 chapter is amended by adding at the end the following:

‘‘4595. Army Military History Institute: fee for providing historical information

to the public.’’.

23 (b) NAVY.—(1) Chapter 649 of such title 10 is

24 amended by adding at the end the following new section:
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1 ‘‘§ 7582. Naval and Marine Corps Historical Centers:

2 fee for providing historical information

3 to the public

4 ‘‘(a) AUTHORITY.—Except as provided in subsection

5 (b), the Secretary of the Navy may charge a person a fee

6 for providing the person with information requested by the

7 person that is provided from the United States Naval His8 torical Center or the Marine Corps Historical Center.

9 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

10 this section—

11 ‘‘(1) to a person for information that the person

12 requests to carry out a duty as a member of the

13 armed forces or an officer or employee of the United

14 States; or

15 ‘‘(2) for a release of information under section

16 552 of title 5.

17 ‘‘(c) LIMITATION ON AMOUNT OF FEE.—The amount

18 of the fee charged under this section for providing infor19 mation may not exceed the cost of providing the informa20 tion.

21 ‘‘(d) RETENTION OF FEES.—Amounts received under

22 subsection (a) for providing information from the United

23 States Naval Historical Center or the Marine Corps His24 torical Center in any fiscal year shall be credited to the

25 appropriation or appropriations charged the costs of pro-
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1 viding information to the public from that historical center

2 during that fiscal year.

3 ‘‘(e) DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘United States Naval Historical

5 Center’ means the archive for historical records and

6 materials of the Navy that the Secretary of the Navy

7 designates as the primary archive for such records

8 and materials.

9 ‘‘(2) The term ‘Marine Corps Historical Center’

10 means the archive for historical records and mate11 rials of the Marine Corps that the Secretary of the

12 Navy designates as the primary archive for such

13 records and materials.

14 ‘‘(3) The terms ‘officer of the United States’

15 and ‘employee of the United States’ have the mean16 ings given those terms in sections 2104 and 2105,

17 respectively, of title 5.’’.

18 (2) The heading of such chapter is amended by strik19 ing out ‘‘RELATED’’.

20 (3)(A) The table of sections at the beginning of such

21 chapter is amended by adding at the end the following

22 new item:

‘‘7582. Naval and Marine Corps Historical Centers: fee for providing historical

information to the public.’’.

23 (B) The item relating to such chapter in the tables

24 of chapters at the beginning of subtitle C of title 10,
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1 United States Code, and the beginning of part IV of such

2 subtitle is amended by striking out ‘‘Related’’.

3 (c) AIR FORCE.—(1) Chapter 937 of title 10, United

4 States Code, is amended by adding at the end the follow5 ing new section:

6 ‘‘§ 9594. Air Force Military History Institute: fee for

7 providing historical information to the

8 public

9 ‘‘(a) AUTHORITY.—Except as provided in subsection

10 (b), the Secretary of the Air Force may charge a person

11 a fee for providing the person with information requested

12 by the person that is provided from the United States Air

13 Force Military History Institute.

14 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

15 this section—

16 ‘‘(1) to a person for information that the person

17 requests to carry out a duty as a member of the

18 armed forces or an officer or employee of the United

19 States; or

20 ‘‘(2) for a release of information under section

21 552 of title 5.

22 ‘‘(c) LIMITATION ON AMOUNT OF FEE.—The amount

23 of the fee charged under this section for providing infor24 mation may not exceed the cost of providing the informa25 tion.
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1 ‘‘(d) RETENTION OF FEES.—Amounts received under

2 subsection (a) for providing information in any fiscal year

3 shall be credited to the appropriation or appropriations

4 charged the costs of providing information to the public

5 from the United States Air Force Military History Insti6 tute during that fiscal year.

7 ‘‘(e) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘United States Air Force Mili9 tary History Institute’ means the archive for histori10 cal records and materials of the Air Force that the

11 Secretary of the Air Force designates as the primary

12 archive for such records and materials.

13 ‘‘(2) The terms ‘officer of the United States’

14 and ‘employee of the United States’ have the mean15 ings given those terms in sections 2104 and 2105,

16 respectively, of title 5.’’.

17 (2) The table of sections at the beginning of such

18 chapter 937 is amended by adding at the end the following

19 new item:

‘‘9594. Air Force Military History Institute: fee for providing historical information to the public.’’.

20 SEC. 1057. PERIODIC INSPECTION OF THE ARMED FORCES

21 RETIREMENT HOME.

22 (a) INSPECTION BY INSPECTORS GENERAL OF THE

23 ARMED FORCES.—Section 1518 of the Armed Forces Re-
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1 tirement Home Act of 1991 (24 U.S.C. 418) is amended

2 to read as follows:

3 ‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME.

4 ‘‘(a) TRIENNIAL INSPECTION.—Every three years the

5 Inspector General of an armed force shall inspect the Re6 tirement Home, including the records of the Retirement

7 Home.

8 ‘‘(b) ALTERNATING DUTY AMONG INSPECTORS GEN9 ERAL.—The duty to inspect the Retirement Home shall

10 alternate among the Inspector General of the Army, the

11 Naval Inspector General, and the Inspector General of the

12 Air Force on such schedule as the Secretary of Defense

13 shall direct.

14 ‘‘(c) REPORTS.—Not later than 45 days after com15 pleting an inspection under subsection (a), the Inspector

16 General carrying out the inspection shall submit to the

17 Retirement Home Board, the Secretary of Defense, and

18 Congress a report describing the results of the inspection

19 and containing such recommendations as the Inspector

20 General considers appropriate.’’.

21 (b) FIRST INSPECTION.—The first inspection under

22 section 1518 of the Armed Forces Retirement Home Act

23 of 1991, as amended by subsection (a), shall be carried

24 out during fiscal year 1999.
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1 SEC. 1058. TRANSFER OF F–4 PHANTOM II AIRCRAFT TO

2 FOUNDATION.

3 (a) AUTHORITY.—The Secretary of the Air Force

4 may convey, without consideration to the Collings Founda5 tion, Stow, Massachusetts (in this section referred to as

6 the ‘‘foundation’’), all right, title, and interest of the

7 United States in and to one surplus F–4 Phantom II air8 craft. The conveyance shall be made by means of a condi9 tional deed of gift.

10 (b) CONDITION OF AIRCRAFT.—The Secretary may

11 not convey ownership of the aircraft under subsection (a)

12 until the Secretary determines that the foundation has al13 tered the aircraft in such manner as the Secretary deter14 mines necessary to ensure that the aircraft does not have

15 any capability for use as a platform for launching or re16 leasing munitions or any other combat capability that it

17 was designed to have. The Secretary is not required to

18 repair or alter the condition of the aircraft before convey19 ing ownership of the aircraft.

20 (c) REVERTER UPON BREACH OF CONDITIONS.—

21 The Secretary shall include in the instrument of convey22 ance of the aircraft—

23 (1) a condition that the foundation not convey

24 any ownership interest in, or transfer possession of,

25 the aircraft to any other party without the prior ap26 proval of the Secretary of the Air Force;
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1 (2) a condition that the operation and mainte2 nance of the aircraft comply with all applicable limi3 tations and maintenance requirements imposed by

4 the Administrator of the Federal Aviation Adminis5 tration; and

6 (3) a condition that if the Secretary of the Air

7 Force determines at any time that the foundation

8 has conveyed an ownership interest in, or trans9 ferred possession of, the aircraft to any other party

10 without the prior approval of the Secretary, or has

11 failed to comply with the condition set forth in para12 graph (2), all right, title, and interest in and to the

13 aircraft, including any repair or alteration of the air14 craft, shall revert to the United States, and the

15 United States shall have the right of immediate pos16 session of the aircraft.

17 (d) CONVEYANCE AT NO COST TO THE UNITED

18 STATES.—The conveyance of an aircraft authorized by

19 this section shall be made at no cost to the United States.

20 Any costs associated with such conveyance, costs of deter21 mining compliance with subsection (b), and costs of oper22 ation and maintenance of the aircraft conveyed shall be

23 borne by the foundation.

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The

25 Secretary of the Air Force may require such additional
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1 terms and conditions in connection with the conveyance

2 under this section as the Secretary considers appropriate

3 to protect the interests of the United States.

4 (f) CLARIFICATION OF LIABILITY.—Notwithstanding

5 any other provision of law, upon the conveyance of owner6 ship of the F–4 Phantom II aircraft to the foundation

7 under subsection (a), the United States shall not be liable

8 for any death, injury, loss, or damage that results from

9 any use of that aircraft by any person other than the

10 United States.

11 SEC. 1059. ACT CONSTITUTING PRESIDENTIAL APPROVAL

12 OF VESSEL WAR RISK INSURANCE RE13 QUESTED BY THE SECRETARY OF DEFENSE.

14 Section 1205(b) of the Merchant Marine Act of 1936

15 (46 U.S.C. App. 1285(b)) is amended by adding at the

16 end the following: ‘‘The signature of the President (or of

17 an official designated by the President) on the agreement

18 shall be treated as an expression of the approval required

19 under section 1202(a) to provide the insurance.’’.

20 SEC. 1060. COMMENDATION AND MEMORIALIZATION OF

21 THE UNITED STATES NAVY ASIATIC FLEET.

22 (a) FINDINGS.—Congress makes the following find23 ings:
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1 (1) The United States established the Asiatic

2 Fleet of the Navy in 1910 to protect American na3 tionals, policies, and possessions in the Far East.

4 (2) The sailors and Marines of the Asiatic Fleet

5 ensured the safety of United States citizens and for6 eign nationals, and provided humanitarian assist7 ance, in that region during the Chinese civil war, the

8 Yangtze Flood of 1931, and the outbreak of Sino9 Japanese hostilities.

10 (3) In 1940, due to deteriorating political rela11 tions and increasing tensions between the United

12 States and Japan, a reinforced Asiatic Fleet began

13 concentrating on the defense of the Philippines and

14 engaged in extensive training to ensure maximum

15 operational readiness for any eventuality.

16 (4) Following the declaration of war against

17 Japan, the warships, submarines, and aircraft of the

18 Asiatic Fleet singly or in task forces courageously

19 fought many naval battles against a superior Japa20 nese armada.

21 (5) The Asiatic Fleet directly suffered the loss

22 of 22 ships, 1,826 men killed or missing in action,

23 and 518 men captured and imprisoned under the

24 worst of conditions with many of them dying while

25 held as prisoners of war.
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1 (b) COMMENDATION.—Congress—

2 (1) commends the personnel who served in the

3 Asiatic Fleet of the United States Navy during the

4 period 1910 to 1942; and

5 (2) honors those who gave their lives in the line

6 of duty while serving in the Asiatic Fleet.

7 (c) UNITED STATES NAVY ASIATIC FLEET MEMO8 RIAL DAY.—The President is authorized and requested to

9 issue a proclamation designating March 1, 1999 as

10 ‘‘United States Navy Asiatic Fleet Memorial Day’’ and

11 calling upon the people of the United States to observe

12 United States Navy Asiatic Fleet Memorial Day with ap13 propriate programs, ceremonies, and activities.

14 SEC. 1061. PROGRAM TO COMMEMORATE 50TH ANNIVER15 SARY OF THE KOREAN WAR.

16 (a) REFERENCE TO KOREAN WAR.—Section 1083 of

17 the National Defense Authorization Act for Fiscal Year

18 1998 (Public Law 105–85; 111 Stat. 1918; 10 U.S.C. 113

19 note) is amended—

20 (1) in the section heading, by striking out ‘‘KO21 REAN CONFLICT’’ and inserting in lieu thereof

22 ‘‘KOREAN WAR’’;

23 (2) by striking out ‘‘Korean conflict’’ each place

24 it appears and inserting in lieu thereof ‘‘Korean

25 War’’; and
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1 (3) in subsections (c) and (d)(1), by striking

2 out ‘‘Korean Conflict’’ and inserting in lieu thereof

3 ‘‘Korean War’’.

4 (b) LIMITATION ON EXPENDITURES.—Subsection (f)

5 of such section is amended to read as follows:

6 ‘‘(f) LIMITATION ON EXPENDITURES.—The total

7 amount expended for the commemorative program for fis8 cal years 1998 through 2004 by the Department of De9 fense 50th Anniversary of the Korean War Commemora10 tive Committee established by the Secretary of Defense

11 may not exceed $10,000,000.’’.

12 SEC. 1062. DEPARTMENT OF DEFENSE USE OF FREQUENCY

13 SPECTRUM.

14 (a) FINDING.—Congress finds that the report sub15 mitted to Congress by the Secretary of Defense on April

16 2, 1998, regarding the reallocation of the frequency spec17 trum used or dedicated to the Department of Defense and

18 the intelligence community, does not include a discussion

19 of the costs to the Department of Defense that are associ20 ated with past and potential future reallocations of the

21 frequency spectrum, although such a discussion was to be

22 included in the report as directed in connection with the

23 enactment of the National Defense Authorization Act for

24 Fiscal Year 1998.
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1 (b) ADDITIONAL REPORT.—The Secretary of Defense

2 shall, not later than October 31, 1998, submit to the Com3 mittee on Armed Services of the Senate and the Commit4 tee on National Security of the House of Representatives

5 a report that discusses the costs referred to in subsection

6 (a).

7 (c) RELOCATION OF FEDERAL FREQUENCIES.—Sec8 tion 113(g)(1) of the National Telecommunications and

9 Information Administration Organization Act (47 U.S.C.

10 923(g)(1)) is amended—

11 (1) by striking out ‘‘(1) IN GENERAL.—In

12 order’’ and inserting in lieu thereof the following:

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) AUTHORITY OF FEDERAL ENTITIES

15 TO ACCEPT COMPENSATION.—In order’’;

16 (2) in subparagraph (A), as so designated, by

17 striking out the second, third, and fourth sentences

18 and inserting in lieu thereof the following: ‘‘Any

19 such Federal entity which proposes to so relocate

20 shall notify the NTIA, which in turn shall notify the

21 Commission, before the auction concerned of the

22 marginal costs anticipated to be associated with such

23 relocation or with modifications necessary to accom24 modate prospective licensees. The Commission in

25 turn shall notify potential bidders of the estimated
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1 relocation or modification costs based on the geo2 graphic area covered by the proposed licenses before

3 the auction; and

4 (3) by adding at the end the following:

5 ‘‘(B) REQUIREMENT TO COMPENSATE FED6 ERAL ENTITIES.—Any person on whose behalf a

7 Federal entity incurs costs under subparagraph

8 (A) shall compensate the Federal entity in ad9 vance for such costs. Such compensation may

10 take the form of a cash payment or in-kind

11 compensation.

12 ‘‘(C) DISPOSITION OF PAYMENTS.—

13 ‘‘(i) PAYMENT BY ELECTRONIC FUNDS

14 TRANSFER.—A person making a cash pay15 ment under this paragraph shall make the

16 cash payment by depositing the amount of

17 the payment by electronic funds transfer in

18 the account of the Federal entity con19 cerned in the Treasury of the United

20 States or in another account as authorized

21 by law.

22 ‘‘(ii) AVAILABILITY.—Subject to the

23 provisions of authorization Acts and appro24 priations Acts, amounts deposited under

25 this subparagraph shall be available to the
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1 Federal entity concerned to pay directly

2 the costs of relocation under this para3 graph, to repay or make advances to ap4 propriations or funds which do or will ini5 tially bear all or part of such costs, or to

6 refund excess sums when necessary.

7 ‘‘(D) APPLICATION TO CERTAIN OTHER

8 RELOCATIONS.—The provisions of this para9 graph also apply to any Federal entity that op10 erates a Federal Government station assigned

11 to used electromagnetic spectrum identified for

12 reallocation under subsection (a) if before Au13 gust 5, 1997, the Commission has not identified

14 that spectrum for service or assigned licenses or

15 otherwise authorized service for that spectrum.

16 ‘‘(E) IMPLEMENTATION PROCEDURES.—

17 The NTIA and the Commission shall develop

18 procedures for the implementation of this para19 graph, which procedures shall include a process

20 for resolving any differences that arise between

21 the Federal Government and commercial licens22 ees regarding estimates of relocation or modi23 fication costs under this paragraph.

24 ‘‘(F) INAPPLICABILITY TO CERTAIN RELO25 CATIONS.—With the exception of spectrum lo-
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1 cated at 1710–1755 Megahertz, the provisions

2 of this paragraph shall not apply to Federal

3 spectrum identified for reallocation in the first

4 reallocation report submitted to the President

5 and Congress under subsection (a).’’.

6 (d) REPORTS ON COSTS OF RELOCATIONS.—The

7 head of each department or agency of the Federal Govern8 ment shall include in the annual budget submission of

9 such department or agency to the Director of the Office

10 of Management and Budget a report assessing the costs

11 to be incurred by such department or agency as a result

12 of any frequency relocations of such department or agency

13 that are anticipated under section 113 of the National

14 Telecommunications Information Administration Organi15 zation Act (47 U.S.C. 923) as of the date of such report.

16 SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.

17 (a) TITLE 10, UNITED STATES CODE.—Title 10,

18 United States Code, is amended as follows:

19 (1) The item relating to section 484 in the table

20 of sections at the beginning of chapter 23 is amend21 ed to read as follows:

‘‘484. Annual report on aircraft inventory.’’.

22 (2) Section 517(a) is amended by striking out

23 ‘‘Except as provided in section 307 of title 37, the’’

24 and inserting in lieu thereof ‘‘The’’.
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1 (3) The item relating to section 2302c in the

2 table of sections at the beginning of chapter 137 is

3 amended to read as follows:

‘‘2302c. Implementation of electronic commerce capability.’’.

4 (4) The table of subchapters at the beginning

5 of chapter 148 is amended by striking out ‘‘2491’’

6 in the item relating to subchapter I and inserting in

7 lieu thereof ‘‘2500’’.

8 (5) Section 7045(c) is amended by striking out

9 ‘‘the’’ after ‘‘are subject to’’.

10 (6) Section 7572(b) is repealed.

11 (7) Section 12683(b)(2) is amended by striking

12 out ‘‘; or’’ at the end and inserting in lieu thereof

13 a period.

14 (b) PUBLIC LAW 105–85.—Effective as of November

15 18, 1997, and as if included therein as enacted, the Na16 tional Defense Authorization Act for Fiscal Year 1998

17 (Public Law 105–85) is amended as follows:

18 (1) Section 1006(a) (111 Stat. 1869) is amend19 ed by striking out ‘‘or’’ in the quoted matter and in20 serting in lieu thereof ‘‘and’’.

21 (2) Section 3133(b)(3) (111 Stat. 2036) is

22 amended by striking out ‘‘III’’ and inserting in lieu

23 thereof ‘‘XIV’’.

24 (c) OTHER ACTS.—
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1 (1) Section 18(c)(1) of the Office of Federal

2 Procurement Policy Act (41 U.S.C. 416(c)(1)) is

3 amended by striking out the period at the end of

4 subparagraph (A) and inserting in lieu thereof a

5 semicolon.

6 (2) Section 3(c)(2) of Public Law 101–533 (22

7 U.S.C. 3142(c)(2)) is amended by striking out ‘‘in8 cluded in the most recent plan submitted to the Con9 gress under section 2506 of title 10’’ and inserting

10 in lieu thereof ‘‘identified in the most recent assess11 ment prepared under section 2505 of title 10’’.

12 (d) COORDINATION WITH OTHER AMENDMENTS.—

13 For purposes of applying amendments made by provisions

14 of this Act other than provisions of this section, this sec15 tion shall be treated as having been enacted immediately

16 before the other provisions of this Act.

17 SEC. 1064. EXTENSION AND REAUTHORIZATION OF DE18 FENSE PRODUCTION ACT OF 1950.

19 (a) EXTENSION OF TERMINATION DATE.—Section

20 717(a) of the Defense Production Act of 1950 (50 U.S.C.

21 App. 2166(a)) is amended by striking ‘‘September 30,

22 1998’’ and inserting ‘‘September 30, 1999’’.

23 (b) EXTENSION OF AUTHORIZATION.—Section

24 711(b) of the Defense Production Act of 1950 (50 U.S.C.
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1 App. 2161(b)) is amended by striking ‘‘and 1998’’ and

2 inserting ‘‘1998, and 1999’’.

3 SEC. 1065. BUDGETING FOR CONTINUED PARTICIPATION

4 OF UNITED STATES FORCES IN NATO OPER5 ATIONS IN BOSNIA AND HERZEGOVINA.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) Funding levels in the Department of De9 fense budget have not been sufficient to pay for the

10 deployment of United States ground combat forces

11 in Bosnia and Herzegovina that began in fiscal year

12 1996.

13 (2) The Department of Defense has used funds

14 from the operation and maintenance accounts of the

15 Armed Forces to pay for the operations because the

16 funding levels included in the defense budgets for

17 fiscal years 1996 and 1997 have not been adequate

18 to maintain operations in Bosnia and Herzegovina.

19 (3) Funds necessary to continue United States

20 participation in the NATO operations in Bosnia and

21 Herzegovina, and to replace operation and mainte22 nance funds used for the operations, have been re23 quested by the President as supplemental appropria24 tions in fiscal years 1996 and 1997. The Depart25 ment of Defense has also proposed to reprogram
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1 previously appropriated funds to make up the short2 fall for continued United States operations in Bosnia

3 and Herzegovina.

4 (4) In February 1998, the President certified to

5 Congress that the continued presence of United

6 States forces in Bosnia and Herzegovina after June

7 30, 1998, was necessary in order to meet national

8 security interests of the United States.

9 (5) The discretionary spending limit established

10 for the defense category for fiscal year 1998 in the

11 Balanced Budget and Emergency Deficit Control

12 Act of 1985 does not take into account the contin13 ued deployment of United States forces in Bosnia

14 and Herzegovina after June 30, 1998. Therefore,

15 the President requested emergency supplemental ap16 propriations for the Bosnia and Herzegovina mission

17 through September 30, 1998.

18 (6) Amounts for operations in Bosnia and

19 Herzegovina were not included in the original budget

20 proposed by the President for the Department of

21 Defense for fiscal year 1999.

22 (7) The President requested $1,858,600,000 in

23 emergency appropriations in his March 4, 1998

24 amendment to the fiscal year 1999 budget to cover
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1 the shortfall in funding in the fiscal year 1999 for

2 the costs of extending the mission in Bosnia.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) the President should include in the budget

6 for the Department of Defense that the President

7 submits to Congress under section 1105(a) of title

8 31, United States Code, for each fiscal year suffi9 cient amounts to pay for any proposed continuation

10 of the participation of United States forces in

11 NATO operations in Bosnia and Herzegovina for

12 that fiscal year; and

13 (2) amounts included in the budget for that

14 purpose should not be transferred from amounts

15 that would otherwise be proposed in the budget of

16 any of the Armed Forces in accordance with the fu17 ture-years defense program related to that budget,

18 or any other agency of the Executive Branch, but,

19 instead, should be an overall increase in the budget

20 for the Department of Defense.

21 SEC. 1066. NATO PARTICIPATION IN THE PERFORMANCE OF

22 PUBLIC SECURITY FUNCTIONS OF CIVILIAN

23 AUTHORITIES IN BOSNIA AND HERZEGOVINA.

24 (a) FINDINGS.—Congress makes the following find25 ings:
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1 (1) The North Atlantic Treaty Organization

2 (NATO) has approved the creation of a multi-na3 tional specialized unit of gendarmes- or para-mili4 tary police composed of European security forces to

5 help promote public security in Bosnia and

6 Herzegovina as a part of the post-June 1998 mis7 sion for the Stabilization Force (SFOR) authorized

8 under the United Nations Security Council Resolu9 tion 1088 (December 12, 1996).

10 (2) On at least four occasions, beginning in

11 July 1997, the Stabilization Force (SFOR) has been

12 involved, pursuant to military annex 1(A) of the

13 Dayton Agreement, in carrying out missions for the

14 specific purpose of detaining war criminals, and on

15 at least one of those occasions United States forces

16 were directly involved in carrying out the mission.

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that United States forces should not serve as civil

19 police in Bosnia and Herzegovina.

20 (c) REQUIREMENT FOR REPORT.—The President

21 shall submit to Congress, not later than October 1, 1998,

22 a report on the status of the NATO force of gendarmes

23 or paramilitary police referred to in subsection (a)(1), in24 cluding the mission of the force, the composition of the

25 force, and the extent, if any, to which members of the
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1 Armed Forces of the United States are participating (or

2 are to participate) in the force.

3 SEC. 1067. PILOT PROGRAM FOR REVITALIZING THE LAB4 ORATORIES AND TEST AND EVALUATION

5 CENTERS OF THE DEPARTMENT OF DEFENSE.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) Officials of the Department of Defense are

9 critically dependent on the science and technology

10 laboratories and test and evaluation centers, of the

11 department—

12 (A) to exploit commercial technology for

13 unique military purposes;

14 (B) to develop advanced technology in pre15 cise areas;

16 (C) to provide the officials with objective

17 advice and counsel on science and technology

18 matters; and

19 (D) to lead the decisionmaking that identi20 fies the most cost-effective procurements of

21 military equipment and services.

22 (2) The laboratories and test and evaluation

23 centers are facing a number of challenges that, if

24 not overcome, could limit the productivity and self-
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1 sustainability of the laboratories and centers,

2 including—

3 (A) the declining funding provided for

4 science and technology in the technology base

5 program of the Department of Defense;

6 (B) difficulties experienced in recruiting,

7 retaining, and motivating high-quality person8 nel; and

9 (C) the complex web of policies and regu10 latory constraints that restrict authority of

11 managers to operate the laboratories and cen12 ters in a businesslike fashion.

13 (3) Congress has provided tools to deal with the

14 changing nature of technological development in the

15 defense sector by encouraging closer cooperation

16 with industry and university research and by author17 izing demonstrations of alternative personnel sys18 tems.

19 (4) A number of laboratories and test and eval20 uation centers have addressed the challenges and are

21 employing a variety of innovative methods, such as

22 the so-called ‘‘Federated Lab Concept’’ undertaken

23 at the Army Research Laboratory, to maintain the

24 high quality of the technical program, to provide a

25 challenging work environment for researchers, and
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1 to meet the high cost demands of maintaining facili2 ties that are equal or superior in quality to com3 parable facilities anywhere in the world.

4 (b) COMMENDATION.—Congress commends the Sec5 retary of Defense for the progress made by the science

6 and technology laboratories and test and evaluation cen7 ters to achieve the results described in subsection (a)(4)

8 and encourages the Secretary to take the actions necessary

9 to ensure continued progress for the laboratories and test

10 and evaluation centers in developing cooperative relation11 ships with universities and other private sector entities for

12 the performance of research and development functions.

13 (c) PILOT PROGRAM.—(1) In conjunction with the

14 plan for restructuring and revitalizing the science and

15 technology laboratories and test and evaluation centers of

16 the Department of Defense that is required by section 906

17 of this Act, the Secretary of Defense may carry out a pilot

18 program to demonstrate improved cooperative relation19 ships with universities and other private sector entities for

20 the performance of research and development functions.

21 (2) Under the pilot program, the Secretary of De22 fense shall provide the director of one science and tech23 nology laboratory, and the director of one test and evalua24 tion center, of each military department with authority for

25 the following:
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1 (A) To explore innovative methods for quickly,

2 efficiently, and fairly entering into cooperative rela3 tionships with universities and other private sector

4 entities with respect to the performance of research

5 and development functions.

6 (B) To waive any restrictions on the dem7 onstration and implementation of such methods that

8 are not required by law.

9 (C) To develop or expand innovative methods of

10 operation that provide more defense research for

11 each dollar of cost, including to carry out such ini12 tiatives as focusing on the performance of core func13 tions and adopting more business-like practices.

14 (3) In selecting the laboratories and centers for par15 ticipation in the pilot program, the Secretary shall con16 sider laboratories and centers where innovative manage17 ment techniques have been demonstrated, particularly as

18 documented under sections 1115 through 1119 of title 31,

19 United States Code, relating to Government agency per20 formance and results.

21 (4) The Secretary may carry out the pilot program

22 at each selected laboratory and center for a period of three

23 years beginning not later than March 1, 1999.

24 (d) REPORTS.—(1) Not later than March 1, 1999,

25 the Secretary of Defense shall submit a report on the im-
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1 plementation of the pilot program to Congress. The report

2 shall include the following:

3 (A) Each laboratory and center selected for the

4 pilot program.

5 (B) To the extent possible, a description of the

6 innovative concepts that are to be tested at each lab7 oratory or center.

8 (C) The criteria to be used for measuring the

9 success of each concept to be tested.

10 (2) Promptly after the expiration of the period for

11 participation of a laboratory or center in the pilot pro12 gram, the Secretary of Defense shall submit to Congress

13 a final report on the participation of the laboratory or cen14 ter in the pilot program. The report shall contain the fol15 lowing:

16 (A) A description of the concepts tested.

17 (B) The results of the testing.

18 (C) The lessons learned.

19 (D) Any proposal for legislation that the Sec20 retary recommends on the basis of the experience at

21 the laboratory or center under the pilot program.
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1 SEC. 1068. SENSE OF CONGRESS REGARDING THE HERO2 ISM, SACRIFICE, AND SERVICE OF FORMER

3 SOUTH VIETNAMESE COMMANDOS IN CON4 NECTION WITH UNITED STATES ARMED

5 FORCES DURING THE VIETNAM CONFLICT.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) South Vietnamese commandos were re9 cruited by the United States as part of OPLAN 34A

10 or its predecessor or OPLAN 35 from 1961 to 1970.

11 (2) The commandos conducted covert oper12 ations in North Vietnam during the Vietnam con13 flict.

14 (3) Many of the commandos were captured and

15 imprisoned by North Vietnamese forces, some for as

16 long as 20 years.

17 (4) The commandos served and fought proudly

18 during the Vietnam conflict.

19 (5) Many of the commandos lost their lives

20 serving in operations conducted by the United States

21 during the Vietnam conflict.

22 (6) Many of the Vietnamese commandos now

23 reside in the United States.

24 (b) SENSE OF CONGRESS—Congress recognizes and

25 honors the former South Vietnamese commandos for their
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1 heroism, sacrifice, and service in connection with United

2 States armed forces during the Vietnam conflict.

3 SEC. 1069. SENSE OF THE SENATE REGARDING DECLAS4 SIFICATION OF CLASSIFIED INFORMATION

5 OF THE DEPARTMENT OF DEFENSE AND THE

6 DEPARTMENT OF ENERGY.

7 It is the sense of the Senate that the Secretary of

8 Defense and the Secretary of Energy should submit to

9 Congress a request for funds in fiscal year 2000 for activi10 ties relating to the declassification of information under

11 the jurisdiction of such Secretaries in order to fulfill the

12 obligations and commitments of such Secretaries under

13 Executive Order No. 12958 and the Atomic Energy Act

14 of 1954 (42 U.S.C. 2011 et seq.) and to the stakeholders.

15 SEC. 1070. RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

16 (a) SENSE OF THE SENATE.—It is the sense of the

17 Senate that—

18 (1) the 7,000 to 12,000 or more nonstrategic

19 (or ‘‘tactical’’) nuclear weapons estimated by the

20 United States Strategic Command to be in the Rus21 sian arsenal may present the greatest threat of sale

22 or theft of a nuclear warhead in the world today;

23 (2) as the number of deployed strategic war24 heads in the Russian and United States arsenals de25 clines to just a few thousand under the START ac-
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1 cords, Russia’s vast superiority in tactical nuclear

2 warheads—many of which have yields equivalent to

3 strategic nuclear weapons—could become strategi4 cally destabilizing;

5 (3) while the United States has unilaterally re6 duced its inventory of tactical nuclear weapons by

7 nearly 90 percent since the end of the Cold War,

8 Russia is behind schedule in implementing the steep

9 tactical nuclear arms reductions pledged by former

10 Soviet President Gorbachev in 1991 and Russian

11 President Yeltsin in 1992, perpetuating the dangers

12 from Russia’s tactical nuclear stockpile; and

13 (4) the President of the United States should

14 call on the Russian Federation to expedite reduction

15 of its tactical nuclear arsenal in accordance with the

16 promises made in 1991 and 1992.

17 (b) REPORT.—Not later than March 15, 1999, the

18 Secretary of Defense shall submit to the Congress a report

19 on Russia’s nonstrategic nuclear weapons, including—

20 (1) estimates regarding the current numbers,

21 types, yields, viability, and locations of such war22 heads;

23 (2) an assessment of the strategic implications

24 of the Russian Federation’s nonstrategic arsenal, in25 cluding the potential use of such warheads in a stra-
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1 tegic role or the use of their components in strategic

2 nuclear systems;

3 (3) an assessment of the extent of the current

4 threat of theft, sale, or unauthorized use of such

5 warheads, including an analysis of Russian com6 mand and control as it concerns the use of tactical

7 nuclear warheads; and

8 (4) a summary of past, current, and planned ef9 forts to work cooperatively with the Russian Federa10 tion to account for, secure, and reduce Russia’s

11 stockpile of tactical nuclear warheads and associated

12 fissile material.

13 (c) VIEWS.—This report shall include the views of the

14 Director of Central Intelligence and the Commander in

15 Chief of the United States Strategic Command.

16 SEC. 1071. SENSE OF SENATE ON NUCLEAR TESTS IN

17 SOUTH ASIA.

18 (a) FINDINGS.—The Senate finds that—

19 (1) on May 11 and 13, 1998, the Government

20 of India conducted a series of underground nuclear

21 tests;

22 (2) on May 28 and 30, 1998, the Government

23 of Pakistan conducted a series of underground nu24 clear tests;
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1 (3) although not recognized or accepted as such

2 by the United Nations Security Council, India and

3 Pakistan have declared themselves nuclear weapon

4 states;

5 (4) India and Pakistan have conducted exten6 sive nuclear weapons research over several decades,

7 resulting in the development of nuclear capabilities

8 and the potential for the attainment of nuclear arse9 nals and the dangerous proliferation of nuclear

10 weaponry;

11 (5) India and Pakistan have refused to enter

12 into internationally recognized nuclear non-prolifera13 tion agreements, including the Comprehensive Test

14 Ban Treaty, the Treaty on the Non-Proliferation of

15 Nuclear Weapons, and full-scope safeguards agree16 ments with the International Atomic Energy Agency;

17 (6) India and Pakistan, which have been at war

18 with each other 3 times in the past 50 years, have

19 urgent bilateral conflicts, most notably over the dis20 puted territory of Kashmir;

21 (7) the testing of nuclear weapons by India and

22 Pakistan has created grave and serious tensions on

23 the Indian subcontinent; and

24 (8) the United States response to India and

25 Pakistan’s nuclear tests has included the imposition
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1 of wide-ranging sanctions as called for under the

2 Arms Export Control Act and the Nuclear Prolifera3 tion Prevention Act of 1994.

4 (b) SENSE OF SENATE.—The Senate—

5 (1) strongly condemns the decisions by the gov6 ernments of India and Pakistan to conduct nuclear

7 tests in May 1998;

8 (2) supports the President’s decision to carry

9 out the provisions of the Nuclear Proliferation Pre10 vention Act of 1994 with respect to India and Paki11 stan and invoke all sanctions in that Act;

12 (3) calls upon members of the international

13 community to impose similar sanctions against India

14 and Pakistan to those imposed by the United States;

15 (4) calls for the governments of India and Paki16 stan to commit not to conduct any additional nu17 clear tests;

18 (5) urges the governments of India and Paki19 stan to take immediate steps, bilaterally and under

20 the auspices of the United Nations, to reduce ten21 sions between them;

22 (6) urges India and Pakistan to engage in high23 level dialogue aimed at reducing the likelihood of

24 armed conflict, enacting confidence and security

25 building measures, and resolving areas of dispute;
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1 (7) commends all nations to take steps which

2 will reduce tensions in South Asia, including appro3 priate measures to prevent the transfer of tech4 nology that could further exacerbate the arms race

5 in South Asia, and thus avoid further deterioration

6 of security there;

7 (8) calls upon the President to seek a diplo8 matic solution between the governments of India and

9 Pakistan to promote peace and stability in South

10 Asia and resolve the current impasse;

11 (9) encourages United States leadership in as12 sisting the governments of India and Pakistan to re13 solve their 50-year conflict over the disputed terri14 tory in Kashmir;

15 (10) urges India and Pakistan to take imme16 diate, binding, and verifiable steps to roll back their

17 nuclear programs and come into compliance with

18 internationally accepted norms regarding the pro19 liferation of weapons of mass destruction; and

20 (11) urges the United States to reevaluate its

21 bilateral relationship with India and Pakistan, in

22 light of the new regional security realities in South

23 Asia, with the goal of preventing further nuclear and

24 ballistic missile proliferation, diffusing long-standing

25 regional rivalries between India and Pakistan, and
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1 securing commitments from them which, if carried

2 out, could result in a calibrated lifting of United

3 States sanctions imposed under the Arms Export

4 Control Act and the Nuclear Proliferation Preven5 tion Act of 1994.

6 SEC. 1072. SENSE OF CONGRESS REGARDING CONTINUED

7 PARTICIPATION OF UNITED STATES FORCES

8 IN OPERATIONS IN BOSNIA AND

9 HERZEGOVINA.

10 (a) FINDINGS.—Congress makes the following find11 ings:

12 (1) The contributions of the people of the

13 United States and other nations have, in large meas14 ure, resulted in the suspension of fighting and allevi15 ated the suffering of the people of Bosnia and

16 Herzegovina since December 1995.

17 (2) the people of the United States have ex18 pended approximately $9,500,000,000 in tax dollars

19 between 1992 and mid-1998 just in support of the

20 United States military operations in Bosnia to

21 achieve those results.

22 (3) Efforts to restore the economy and political

23 structure in Bosnia and Herzegovina have achieved

24 some success in accordance with the Dayton Agree25 ment.
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1 (4) In February 1998, the President certified to

2 Congress that the continued presence of United

3 States forces in Bosnia and Herzegovina after June

4 30, 1998, was necessary in order to meet national

5 security interests of the United States.

6 (5) There is, however, no accurate estimate of

7 the time needed to accomplish the civilian implemen8 tation tasks outlined in the Dayton Agreement.

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that—

11 (1) United States ground combat forces should

12 not remain in Bosnia and Herzegovina indefinitely

13 in view of the world-wide commitments of the Armed

14 Forces of the United States;

15 (2) the President should work with NATO allies

16 and the other nations whose military forces are par17 ticipating in the NATO-led Stabilization Force to

18 withdraw United States ground combat forces from

19 Bosnia and Herzegovina within a reasonable period

20 of time, consistent with the safety of those forces

21 and the accomplishment of the Stabilization Force’s

22 military tasks;

23 (3) a NATO-led force without the participation

24 of United States ground combat forces in Bosnia

25 and Herzegovina might be suitable for a follow-on
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1 force for Bosnia and Herzegovina if the European

2 Security and Defense Identity is not sufficiently de3 veloped or is otherwise considered inappropriate for

4 such a mission;

5 (4) the United States may decide to provide ap6 propriate support to a Western European Union-led

7 or NATO-led follow-on force for Bosnia and

8 Herzegovina, including command and control, intel9 ligence, logistics, and, if necessary, a ready reserve

10 force in the region;

11 (5) the President should inform the European

12 NATO allies of this expression of the sense of Con13 gress and should strongly urge them to undertake

14 preparations for establishing a Western European

15 Union-led or a NATO-led force as a follow-on force

16 to the NATO-led Stabilization Force if needed to

17 maintain peace and stability in Bosnia and

18 Herzegovina; and

19 (6) the President should consult closely with the

20 congressional leadership and the congressional de21 fense committees with respect to the progress being

22 made toward achieving a sustainable peace in Bosnia

23 and Herzegovina and the progress being made to24 ward a reduction and ultimate withdrawal of United
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1 States ground combat forces from Bosnia and

2 Herzegovina.

3 (c) ONE-TIME REPORTS.—The President shall sub4 mit to Congress the following reports:

5 (1) Not later than September 30, 1998, a re6 port containing a discussion of the likely impact on

7 the security situation in Bosnia and Herzegovina

8 and on the prospects for establishing self-sustaining

9 peace and stable local government there that would

10 result from a phased reduction in the number of

11 United States military personnel stationed in Bosnia

12 and Herzegovina under the following alternatives:

13 (A) A phased reduction to 5,000 by Feb14 ruary 2, 1999, to 3,500 by June 30, 1999, and

15 to 2,500 by February 2, 2000.

16 (B) A phased reduction by February 2,

17 2000, to the number of personnel that is ap18 proximately equal to the mean average of—

19 (i) the number of military personnel

20 of the United Kingdom that are stationed

21 in Bosnia and Herzegovina on that date;

22 (ii) the number of military personnel

23 of Germany that are stationed there on

24 that date;
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1 (iii) the number of military personnel

2 of France that are stationed there on that

3 date; and

4 (iv) the number of military personnel

5 of Italy that are stationed there on that

6 date.

7 (2) Not later than October 1, 1998, a report on

8 the status of the NATO force of gendarmes or para9 military police referred to in subsection (a)(1), in10 cluding the mission of the force, the composition of

11 the force, and the extent, if any, to which members

12 of the Armed Forces of the United States are par13 ticipating (or are to participate) in the force.

14 (d) REPORT TO ACCOMPANY EACH REQUEST FOR

15 FUNDING.—(1) Each time that the President submits to

16 Congress a proposal for funding continued operations of

17 United States forces in Bosnia and Herzegovina, the

18 President shall submit to Congress a report on the mis19 sions of United States forces there. The first report shall

20 be submitted at the same time that the President submits

21 the budget for fiscal year 2000 to Congress under section

22 1105(a) of title 31, United States Code.

23 (2) Each report under paragraph (1) shall include the

24 following:
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1 (A) The performance objectives and schedule

2 for the implementation of the Dayton Agreement,

3 including—

4 (i) the specific objectives for the reestab5 lishment of a self-sustaining peace and a stable

6 local government in Bosnia and Herzegovina,

7 taking into account (I) each of the areas of im8 plementation required by the Dayton Agree9 ment, as well as other areas that are not cov10 ered specifically in the Dayton Agreement but

11 are essential for reestablishing such a peace and

12 local government and to permitting an orderly

13 withdrawal of the international peace implemen14 tation force from Bosnia and Herzegovina, and

15 (II) the benchmarks reported in the latest semi16 annual report submitted under section 7(b)(2)

17 of the 1998 Supplemental Appropriations and

18 Rescissions Act (revised as necessary to be cur19 rent as of the date of the report submitted

20 under this subsection); and

21 (ii) the schedule, specified by fiscal year,

22 for achieving the objectives.

23 (B) The military and non-military missions that

24 the President has directed for United States forces

25 in Bosnia and Herzegovina in support of the objec-
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1 tives identified pursuant to paragraph (1), including

2 a specific discussion of—

3 (i) the mission of the United States forces,

4 if any, in connection with the pursuit and ap5 prehension of war criminals;

6 (ii) the mission of the United States forces,

7 if any, in connection with civilian police func8 tions;

9 (iii) the mission of the United States

10 forces, if any, in connection with the resettle11 ment of refugees; and

12 (iv) the missions undertaken by the United

13 States forces, if any, in support of international

14 and local civilian authorities.

15 (C) An assessment of the risk for the United

16 States forces in Bosnia and Herzegovina, including,

17 for each mission identified pursuant to subpara18 graph (B), the assessment of the Chairman of the

19 Joint Chiefs of Staff regarding the nature and level

20 of risk of the mission for the safety and well-being

21 of United States military personnel.

22 (D) An assessment of the cost to the United

23 States, by fiscal year, of carrying out the missions

24 identified pursuant to subparagraph (B) for the pe-
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1 riod indicated in the schedule provided pursuant to

2 subparagraph (A).

3 (E) A joint assessment by the Secretary of De4 fense and the Secretary of State of the status of

5 planning for—

6 (i) the assumption of all remaining mili7 tary missions inside Bosnia and Herzegovina by

8 European military and paramilitary forces; and

9 (ii) the establishment and support of for10 ward-based United States rapid response force

11 outside of Bosnia and Herzegovina that would

12 be capable of deploying rapidly to defeat mili13 tary threats to a European follow-on force in14 side Bosnia and Herzegovina, and of providing

15 whatever logistical, intelligence, and air support

16 is needed to ensure that a European follow-on

17 force is fully capable of accomplishing its mis18 sions under the Dayton Agreement.

19 (e) DAYTON AGREEMENT DEFINED.—In this section,

20 the term ‘‘Dayton Agreement’’ means the General Frame21 work Agreement for Peace in Bosnia and Herzegovina, to22 gether with annexes relating thereto, done at Dayton, No23 vember 10 through 16, 1995.
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1 SEC. 1073. COMMISSION TO ASSESS THE RELIABILITY,

2 SAFETY, AND SECURITY OF THE UNITED

3 STATES NUCLEAR DETERRENT.

4 (a) ESTABLISHMENT.—There is hereby established a

5 commission to be known as the ‘‘Commission for Assess6 ment of the Reliability, Safety, and Security of the United

7 States Nuclear Deterrent’’.

8 (b) COMPOSITION.—(1) The Commission shall be

9 composed of six members who shall be appointed from

10 among private citizens of the United States with knowl11 edge and expertise in the technical aspects of design,

12 maintenance, and deployment of nuclear weapons, as fol13 lows:

14 (A) Two members appointed by the Majority

15 Leader of the Senate.

16 (B) One member appointed by the Minority

17 Leader of the Senate.

18 (C) Two members appointed by the Speaker of

19 the House of Representatives.

20 (D) One member appointed by the Minority

21 Leader of the House of Representatives.

22 (2) The Senate Majority Leader and the Speaker of

23 the House of Representatives shall each appoint one mem24 ber to serve for five years and one member to serve for

25 two years. The Minority Leaders of the Senate and House
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1 of Representatives shall each appoint one member to serve

2 for five years. A member may be reappointed.

3 (3) Any vacancy in the Commission shall be filled in

4 the same manner as the original appointment.

5 (4) All members of the Commission shall hold appro6 priate security clearances.

7 (c) CHAIRMAN.—The Majority Leader of the Senate,

8 after consultation with the Speaker of the House of Rep9 resentatives and the Minority Leaders of the Senate and

10 House of Representatives, shall designate one of the mem11 bers of the Commission, without regard to the term of ap12 pointment of that member, to serve as Chairman of the

13 Commission.

14 (d) DUTIES OF COMMISSION.—(1) Each year the

15 Commission shall assess, for Congress—

16 (A) the safety, security, and reliability of the

17 nuclear deterrent forces of the United States; and

18 (B) the annual certification on the safety, secu19 rity, and reliability of the nuclear weapons stockpile

20 of the United States that is provided by the direc21 tors of the national weapons laboratories through

22 the Secretary of Energy to the President.

23 (2) The Commission shall submit to Congress an an24 nual report, in classified form, setting forth the findings

25 and conclusions resulting from each assessment.
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1 (e) COOPERATION OF OTHER AGENCIES.—(1) The

2 Commission may secure directly from the Department of

3 Energy, the Department of Defense, or any of the national

4 weapons laboratories or plants or any other Federal de5 partment or agency information that the Commission con6 siders necessary for the Commission to carry out its du7 ties.

8 (2) For carrying out its duties, the Commission shall

9 be provided full and timely cooperation by the Secretary

10 of Energy, the Secretary of Defense, the Commander of

11 United States Strategic Command, the Directors of the

12 Los Alamos National Laboratory, the Lawrence Liver13 more National Laboratory, the Sandia National Labora14 tories, the Savannah River Site, the Y–12 Plant, the

15 Pantex Facility, and the Kansas City Plant, and any other

16 official of the United States that the Chairman determines

17 as having information described in paragraph (1).

18 (3) The Secretary of Energy and the Secretary of De19 fense shall each designate at least one officer or employee

20 of the Department of Energy and the Department of De21 fense, respectively, to serve as a liaison officer between the

22 department and the Commission.

23 (f) COMMISSION PROCEDURES.—(1) The Commission

24 shall meet at the call of the Chairman.
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1 (2) Four members of the Commission shall constitute

2 a quorum, except that the Commission may designate a

3 lesser number of members as a quorum for the purpose

4 of holding hearings. The Commission shall act by resolu5 tion agreed to by a majority of the members of the Com6 mission.

7 (3) Any member or agent of the Commission may,

8 if authorized by the Commission, take any action that the

9 Commission is authorized to take under this section.

10 (4) The Commission may establish panels composed

11 of less than the full membership of the Commission for

12 the purpose of carrying out the Commission’s duties.

13 Findings and conclusions of a panel of the Commission

14 may not be considered findings and conclusions of the

15 Commission unless approved by the Commission.

16 (5) The Commission or, at its direction, any panel

17 or member of the Commission, may, for the purpose of

18 carrying out its duties, hold hearings, sit and act at times

19 and places, take testimony, receive evidence, and admin20 ister oaths to the extent that the Commission or any panel

21 or member considers advisable.

22 (g) PERSONNEL MATTERS.—(1) A member of the

23 Commission shall be compensated at the daily equivalent

24 of the rate of basic pay established for level V of the Exec25 utive Schedule under 5316 of title 5, United States Code,
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1 for each day on which the member is engaged in any meet2 ing, hearing, briefing, or other work in the performance

3 of duties of the Commission.

4 (2) A member of the Commission shall be allowed

5 travel expenses, including per diem in lieu of subsistence,

6 at rates authorized for employees of agencies under sub7 chapter I of chapter 57 of title 5, United States Code,

8 while away from the member’s home or regular place of

9 business in the performance of services for the Commis10 sion.

11 (3) The Chairman of the Commission may, without

12 regard to the provisions of the title 5, United States Code,

13 governing appointments in the competitive service, appoint

14 a staff director and such additional personnel as may be

15 necessary to enable the Commission to perform its duties.

16 The Chairman of the Commission may fix the pay of the

17 staff director and other personnel without regard to the

18 provisions of chapter 51, and subchapter III of chapter

19 53 of title 5, United States Code, relating to classification

20 of positions and General Schedule pay rates, except that

21 the rate of pay fixed under this paragraph for the staff

22 director may not exceed the rate payable for level V of

23 the Executive Schedule under section 5316 of such title.

24 (4) Upon the request of the Chairman of the Commis25 sion, the head of any Federal department or agency may
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1 detail, on a nonreimbursable basis, any personnel of that

2 department or agency to the Commission to assist it in

3 carrying out its duties.

4 (5) The Chairman of the Commission may procure

5 temporary and intermittent services under section 3109(b)

6 of title 5, United States Code, at rates for individuals

7 which do not exceed the daily equivalent of the annual rate

8 of basic pay payable for level V of the Executive Schedule

9 and under section 5316 of such title.

10 (h) MISCELLANEOUS ADMINISTRATIVE PROVI11 SIONS.—(1) The Commission may use the United States

12 mails and obtain printing and binding services in the same

13 manner and under the same conditions as other depart14 ments and agencies of the Federal Government.

15 (2) The Secretary of Defense and the Secretary of

16 Energy shall furnish the Commission with any administra17 tive and support services requested by the Commission

18 and with office space within the Washington, District Co19 lumbia, metropolitan area that is sufficient for the admin20 istrative offices of the Commission and for holding general

21 meetings of Commission.

22 (i) FUNDING.—The Secretary of Defense and the

23 Secretary of Energy shall each contribute 50 percent of

24 the amount of funds that are necessary for the Commis25 sion to carry out its duties. Upon receiving from the
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1 Chairman of the Commission a written certification of the

2 amount of funds that is necessary for funding the activi3 ties of the Commission for a period, the Secretaries shall

4 promptly make available to the Commission funds in the

5 total amount specified in the certification. Funds available

6 for the Department of Defense for Defense-wide research,

7 development, test, and evaluation shall be available for the

8 Department of Defense contribution. Funds available for

9 the Department of Energy for atomic energy defense ac10 tivities shall be available for the Department of Energy

11 contribution.

12 (j) TERMINATION OF THE COMMISSION.—The Com13 mission shall terminate three years after the date of the

14 appointment of the member designated as Chairman.

15 (k) INITIAL IMPLEMENTATION.—All appointments to

16 the Commission shall be made not later than 45 days after

17 the date of the enactment of this Act. The Commission

18 shall convene its first meeting not later than 30 days after

19 the date as of which all members of the Commission have

20 been appointed.
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1 SEC. 1074. AUTHORITY FOR WAIVER OF MORATORIUM ON

2 ARMED FORCES USE OF ANTIPERSONNEL

3 LANDMINES.

4 Section 580 of the Foreign Operations, Export Fi5 nancing, and Related Programs Appropriations Act, 1996

6 (Public Law 104–107; 110 Stat. 751) is amended—

7 (1) by redesignating subsection (b) as sub8 section (c); and

9 (2) by inserting after subsection (a) the follow10 ing new subsection (b):

11 ‘‘(b) WAIVER AUTHORITY.—(1) The President may

12 waive the moratorium set forth in subsection (a) if the

13 President determines that the waiver is necessary in the

14 national security interests of the United States.

15 ‘‘(2) The President shall notify the President pro

16 tempore of the Senate and the Speaker of the House of

17 Representatives of the exercise of the authority provided

18 by paragraph (1).’’.

19 SEC. 1075. APPOINTMENT OF DIRECTOR AND DEPUTY DI20 RECTOR OF THE NAVAL HOME.

21 (a) APPOINTMENT AND QUALIFICATIONS OF DIREC22 TOR AND DEPUTY DIRECTOR.—Subsection (a) of section

23 1517 of the Armed Forces Retirement Home Act of 1991

24 (24 U.S.C. 417) is amended—

25 (1) in paragraph (2)—
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1 (A) by striking out ‘‘Each Director’’ and

2 inserting in lieu thereof ‘‘The Director of the

3 United States Soldiers’ and Airmen’s Home’’;

4 and

5 (B) by striking out subparagraph (B) and

6 inserting in lieu thereof the following:

7 ‘‘(B) meet the requirements of paragraph (4).’’;

8 (2) by redesignating paragraph (3) as para9 graph (5); and

10 (3) by inserting after paragraph (2) the follow11 ing new paragraphs (3) and (4):

12 ‘‘(3) The Director, and any Deputy Director, of the

13 Naval Home shall be appointed by the Secretary of De14 fense from among persons recommended by the Secretar15 ies of the military departments who—

16 ‘‘(A) in the case of the position of Director, are

17 commissioned officers of the Armed Forces serving

18 on active duty in a pay grade above 0–5;

19 ‘‘(B) in the case of the position of Deputy Di20 rector, are commissioned officers of the Armed

21 Forces serving on active duty in a pay grade above

22 0–4; and

23 ‘‘(C) meet the requirements of paragraph (4).

24 ‘‘(4) Each Director shall have appropriate leadership

25 and management skills, an appreciation and understand-
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1 ing of the culture and norms associated with military serv2 ice, and significant military background.’’.

3 (b) TERM OF DIRECTOR AND DEPUTY DIRECTOR.—

4 Subsection (c) of such section is amended—

5 (1) by striking out ‘‘(c) TERM OF DIRECTOR.—’’

6 and all that follows through ‘‘A Director’’ in the sec7 ond sentence and inserting in lieu thereof ‘‘(c)

8 TERMS OF DIRECTORS.—(1) The term of office of

9 the Director of the United States Soldiers’ and Air10 men’s Home shall be five years. The Director’’; and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(2) The Director and the Deputy Director of the

14 Naval Home shall serve at the pleasure of the Secretary

15 of Defense.’’.

16 (c) DEFINITIONS.—Such section is further amended

17 by adding at the end the following:

18 ‘‘(g) DEFINITIONS.—In this section:

19 ‘‘(1) The term ‘United States Soldiers’ and Air20 men’s Home’ means the separate facility of the Re21 tirement Home that is known as the United States

22 Soldiers’ and Airmen’s Home.

23 ‘‘(2) The term ‘Naval Home’ means the sepa24 rate facility of the Retirement Home that is known

25 as the Naval Home.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on October 1, 1998.

3 SEC. 1076. SENSE OF THE CONGRESS ON THE DEFENSE

4 SCIENCE AND TECHNOLOGY PROGRAM.

5 (a) FUNDING REQUIREMENTS FOR THE DEFENSE

6 SCIENCE AND TECHNOLOGY PROGRAM BUDGET.—It is

7 the sense of the Congress that for each of the fiscal years

8 2000 through 2008, it should be an objective of the Sec9 retary of Defense to increase the budget for the Defense

10 Science and Technology Program for the fiscal year over

11 the budget for that program for the preceding fiscal year

12 by a percent that is at least two percent above the rate

13 of inflation as determined by the Office of Management

14 and Budget.

15 (b) GUIDELINES FOR THE DEFENSE SCIENCE AND

16 TECHNOLOGY PROGRAM.—

17 (1) RELATIONSHIP OF DEFENSE SCIENCE AND

18 TECHNOLOGY PROGRAM TO UNIVERSITY RE19 SEARCH.—It is the sense of the Congress that the

20 following should be key objectives of the Defense

21 Science and Technology Program—

22 (A) the sustainment of research capabili23 ties in scientific and engineering disciplines crit24 ical to the Department of Defense;
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1 (B) the education and training of the next

2 generation of scientists and engineers in dis3 ciplines that are relevant to future defense sys4 tems, particularly through the conduct of basic

5 research; and

6 (C) the Continued support of the Defense

7 Experimental Program to Stimulate Competi8 tive Research and research programs at histori9 cally black colleges and universities and minor10 ity institutions.

11 (2) RELATIONSHIP OF THE DEFENSE SCIENCE

12 AND TECHNOLOGY PROGRAM TO COMMERCIAL RE13 SEARCH AND TECHNOLOGY.—

14 (A) It is the sense of the Congress that in

15 supporting projects within the Defense Science

16 and Technology Program, the Secretary of De17 fense should attempt to leverage commercial re18 search, technology, products, and processes for

19 the benefit of the Department of Defense.

20 (B) It is the sense of the Congress that

21 funds made available for projects and programs

22 of the Defense Science and Technology Pro23 gram should be used only for the benefit of the

24 Department of Defense, which includes—
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1 (i) the development of technology that

2 has only military applications;

3 (ii) the development of militarily use4 ful, commercially viable technology; or

5 (iii) the adaption of commercial tech6 nology, products, or processes for military

7 purposes.

8 (3) SYNERGISTIC MANAGEMENT OF RESEARCH

9 AND DEVELOPMENT.—It is the sense of the Con10 gress that the Secretary of Defense may allocate a

11 combination of funds available for the Department

12 of Defense for basic and applied research and for

13 advanced development to support any individual

14 project or program within the Defense Science and

15 Technology Program. This flexibility is not intended

16 to change the allocation of funds in any fiscal year

17 among basic and applied research and advanced de18 velopment.

19 (c) DEFINITIONS.—In this section:

20 (1) The term ‘‘Defense Science and Technology

21 Program’’ means basic and applied research and ad22 vanced development.

23 (2) The term ‘‘basic and applied research’’

24 means work funded in program elements for defense
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1 research and development under Department of De2 fense R&D Budget Activities 1 or 2.

3 (3) The term ‘‘advanced development’’ means

4 work funded in program elements for defense re5 search and development under Department of De6 fense R&D Budget Activity 3.

7 SEC. 1077. DEMILITARIZATION AND EXPORTATION OF DE8 FENSE PROPERTY.

9 (a) CENTRALIZED ASSIGNMENT OF DEMILITARIZA10 TION CODES FOR DEFENSE PROPERTY.—(1) Chapter 153

11 of title 10, United States Code, is amended by inserting

12 after section 2572 the following:

13 ‘‘§ 2573. Demilitarization codes for defense property

14 ‘‘(a) AUTHORITY.—The Secretary of Defense shall—

15 ‘‘(1) assign the demilitarization codes to the

16 property (other than real property) of the Depart17 ment of Defense; and

18 ‘‘(2) take any action that the Secretary consid19 ers necessary to ensure that the property assigned

20 demilitarization codes is demilitarized in accordance

21 with the assigned codes.

22 ‘‘(b) SUPREMACY OF CODES.—A demilitarization

23 code assigned to an item of property by the Secretary of

24 Defense under this section shall take precedence over any

25 demilitarization code assigned to the item before the date
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1 of enactment of the Strom Thurmond National Defense

2 Authorization Act for Fiscal Year 1999 by any other offi3 cial in the Department of Defense.

4 ‘‘(c) ENFORCEMENT.—The Secretary of Defense

5 shall commit the personnel and resources to the exercise

6 of authority under subsection (a) that are necessary to en7 sure that—

8 ‘‘(1) appropriate demilitarization codes are as9 signed to property of the Department of Defense;

10 and

11 ‘‘(2) property is demilitarized in accordance

12 with the assigned codes.

13 ‘‘(d) ANNUAL REPORT.—The Secretary of Defense

14 shall include in the annual reports submitted to Congress

15 under section 113(c)(1) of this title in 1999 and 2000 a

16 discussion of the following:

17 ‘‘(1) The exercise of the authority under this

18 section during the fiscal year preceding the fiscal

19 year in which the report is submitted.

20 ‘‘(2) Any changes in the exercise of the author21 ity that are taking place in the fiscal year in which

22 the report is submitted or are planned for that fiscal

23 year or any subsequent fiscal year.

24 ‘‘(e) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘demilitarization code’, with re2 spect to property, means a code that identifies the

3 extent to which the property must be demilitarized

4 before disposal.

5 ‘‘(2) The term ‘demilitarize’, with respect to

6 property, means to destroy the military offensive or

7 defensive advantages inherent in the property, by

8 mutilation, cutting, crushing, scrapping, melting,

9 burning, or altering the property so that the prop10 erty cannot be used for the purpose for which it was

11 originally made.’’.

12 (2) The table of sections at the beginning of such

13 chapter 153 is amended by inserting after the item relat14 ing to section 2572 the following:

‘‘2573. Demilitarization codes for defense property.’’.

15 (b) CRIMINAL OFFENSE.—(1) Chapter 27 of title 18,

16 United States Code, is amended by adding at the end the

17 following:

18 ‘‘§ 554. Violations of regulated acts involving the ex19 portation of United States property

20 ‘‘(a) Any person who—

21 ‘‘(1) fraudulently or knowingly exports or other22 wise sends from the United States (as defined in

23 section 545 of this title), or attempts to export or

24 send from the United States any merchandise con25 trary to any law of the United States; or
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1 ‘‘(2) receives, conceals, buys, sells, or in any

2 manner facilitates, the transportation, concealment,

3 or sale of any merchandise prior to exportation,

4 knowing that the merchandise is intended for expor5 tation in violation of Federal law;

6 shall be fined under this title, imprisoned not more than

7 5 years, or both.

8 ‘‘(b) The penalties under this section shall be in addi9 tion to any other applicable criminal penalty.’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by adding at the end the following:

‘‘554. Violations of regulated acts involving the exportation of United States

property.’’.

12 SEC. 1078. DESIGNATION OF AMERICA’S NATIONAL MARI13 TIME MUSEUM.

14 (a) DESIGNATION OF AMERICA’S NATIONAL MARI15 TIME MUSEUM.—The Mariners’ Museum building located

16 at 100 Museum Drive, Newport News, Virginia, and the

17 South Street Seaport Museum buildings located at 207

18 Front Street, New York, New York, shall be known and

19 designated as ‘‘America’s National Maritime Museum’’.

20 (b) REFERENCE TO AMERICA’S NATIONAL MARITIME

21 MUSEUM.—Any reference in a law, map, regulation, docu22 ment, paper, or other record of the United States to the

23 buildings referred to in subsection (a) shall be deemed to

24 be a reference to America’s National Maritime Museum.
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1 (c) LATER ADDITIONS OF OTHER MUSEUMS NOT

2 PRECLUDED.—The designation of museums named in

3 subsection (a) as America’s National Maritime Museum

4 does not preclude the addition of any other museum to

5 the group of museums covered by that designation.

6 (d) CRITERIA FOR LATER ADDITIONS.—A museum

7 is appropriate for designation as a museum of America’s

8 National Maritime Museum if the museum—

9 (1) houses a collection of maritime artifacts

10 clearly representing America’s maritime heritage;

11 and

12 (2) provides outreach programs to educate the

13 public on America’s maritime heritage.

14 SEC. 1079. BURIAL HONORS FOR VETERANS.

15 (a) FINDINGS.—The Senate makes the following

16 findings:

17 (1) Throughout the years, men and women have

18 unselfishly answered the call to arms, at tremendous

19 personal sacrifice. Burial honors for deceased veter20 ans are an important means of reminding Americans

21 of the sacrifices endured to keep the Nation free.

22 (2) The men and women who serve honorably

23 in the Armed Forces, whether in war or peace, and

24 whether discharged, separated, or retired, deserve
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1 commemoration for their military service at the time

2 of their death by an appropriate military tribute.

3 (3) It is tremendously important to pay an ap4 propriate final tribute on behalf of a grateful Nation

5 to honor individuals who served the Nation in the

6 Armed Forces.

7 (b) CONFERENCE ON MILITARY BURIAL HONOR

8 PRACTICES.—(1) Not later than October 31, 1998, the

9 Secretary of Defense shall, in consultation with the Sec10 retary of Veterans Affairs, convene and preside over a con11 ference for the purpose of determining means of improving

12 and increasing the availability of military burial honors

13 for veterans. The Secretary of Veterans Affairs shall also

14 participate in the conference.

15 (2) The Secretaries shall invite and encourage the

16 participation at the conference of appropriate representa17 tives of veterans service organizations.

18 (3) The participants in the conference shall—

19 (A) review current policies and practices of the

20 military departments and the Department of Veter21 ans Affairs relating to the provision of military hon22 ors at the burial of veterans;

23 (B) analyze the costs associated with providing

24 military honors at the burial of veterans, including
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1 the costs associated with utilizing personnel and

2 other resources for that purpose;

3 (C) assess trends in the rate of death of veter4 ans; and

5 (D) propose, consider, and determine means of

6 improving and increasing the availability of military

7 honors at the burial of veterans.

8 (4) Not later than 180 days after the date of enact9 ment of this Act, the Secretary of Defense shall submit

10 to Congress a report on the conference under this sub11 section. The report shall set forth any modifications to De12 partment of Defense directives on military burial honors

13 adopted as a result of the conference and include any rec14 ommendations for legislation that the Secretary considers

15 appropriate as a result of the conference.

16 (c) VETERANS SERVICE ORGANIZATION DEFINED.—

17 In this section, the term ‘‘veterans service organization’’

18 means any organization recognized by the Secretary of

19 Veterans Affairs under section 5902 of title 38, United

20 States Code.

21 SEC. 1080. CHEMICAL STOCKPILE EMERGENCY PREPARED22 NESS PROGRAM.

23 Section 1412 of the Department of Defense Author24 ization Act, 1986 (Public Law 99–145; 50 U.S.C. 1521)
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1 is amended by adding at the end of subsection (c) the fol2 lowing:

3 ‘‘(4)(A) The Director of the Federal Emergency

4 Management Agency shall carry out a program to provide

5 assistance to State and local governments in developing

6 capabilities to respond to emergencies involving risks to

7 the public health or safety within their jurisdictions that

8 are identified by the Secretary as being risks resulting

9 from—

10 ‘‘(i) the storage of any such agents and muni11 tions at military installations in the continental

12 United States; or

13 ‘‘(ii) the destruction of such agents and muni14 tions at facilities referred to in paragraph (1)(B).

15 ‘‘(B) No assistance may be provided under this para16 graph after the completion of the destruction of the United

17 States stockpile of lethal chemical agents and munitions.’’.

18 SEC. 1081. SENSE OF SENATE REGARDING THE AUGUST

19 1995 ASSASSINATION ATTEMPT AGAINST

20 PRESIDENT SHEVARDNADZE OF GEORGIA.

21 (a) FINDINGS.—Congress makes the following find22 ings:

23 (1) On Tuesday, August 29, 1995, President

24 Eduard Shevardnadze of Georgia narrowly survived

25 a car bomb attack as he departed his offices in the
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1 Georgian Parliament building to attend the signing

2 ceremony for the new constitution of Georgia.

3 (2) The former Chief of the Georgian National

4 Security Service, Lieutenant General Igor

5 Giorgadze, after being implicated in organizing the

6 August 29, 1995, assassination attempt on Presi7 dent Shevardnadze, fled Georgia from the Russian8 controlled Varziani airbase on a Russian military

9 aircraft.

10 (3) Lieutenant General Giorgadze has been

11 seen openly in Moscow and is believed to have been

12 given residence at a Russian government facility de13 spite the fact that Interpol is conducting a search

14 for Lieutenant General Giorgadze for his role in the

15 assassination attempt against President

16 Shervardnadze.

17 (4) The Russian Interior Ministry claims that it

18 is unable to locate Lieutenant General Giorgadze in

19 Moscow.

20 (5) The Georgian Security and Interior Min21 istries presented information to the Russian Interior

22 Ministry on November 13, 1996; January 17, 1997;

23 March 7, 1997; March 24, 1997 and August 12,

24 1997, which included the exact location in Moscow

25 of where Lieutenant General Giorgadze’s family
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1 lived, the exact location where Lieutenant General

2 Giorgadze lived outside of Moscow in a dacha of the

3 Russian Ministry of Defense; as well as the changing

4 official Russian government license tag numbers and

5 description of the automobile that Lieutenant Gen6 eral Giorgadze uses; the people he associates with;

7 the apartments he visits, and the places including

8 restaurants, markets, and companies, that he fre9 quents.

10 (6) On May 12, 1998, the Moscow-based Rus11 sian newspaper Zavtra carried an interview with

12 Lieutenant General Giorgadze in which Lieutenant

13 General Giorgadze calls for the overthrow of the

14 Government of Georgia.

15 (7) Title II of the Foreign Operations Appro16 priations, Export Financing, and Related Programs

17 Appropriations Act, 1998 (Public Law 105–118)

18 prohibits assistance to any government of the new

19 independent states of the former Soviet Union if

20 that government directs any action in violation of

21 the national sovereignty of any other new independ22 ent state.

23 (b) SENSE OF THE SENATE.—It is the sense of the

24 Senate that the Secretary of Defense should—
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1 (1) urge the Government of the Russian Fed2 eration to extradite the former Chief of the Georgian

3 National Security Service, Lieutenant General Igor

4 Giorgadze, to Georgia for the purpose of standing

5 trial for his role in the attempted assassination of

6 Georgian President Eduard Shevardnadze on August

7 29, 1995;

8 (2) request cooperation from the Minister of

9 Defense of the Russian Federation and the Govern10 ment of the Russian Federation to ensure that Rus11 sian military bases on Georgian territory are no

12 longer used to facilitate the escape of assassins seek13 ing to kill the freely elected President of Georgia

14 and to otherwise respect the national sovereignty of

15 Georgia; and

16 (3) use all authorities available to the United

17 States Government to provide urgent and immediate

18 assistance to ensure to the maximum extent prac19 ticable the personal security of President

20 Shevardnadze.

21 SEC. 1082. ISSUANCE OF BURIAL FLAGS FOR DECEASED

22 MEMBERS AND FORMER MEMBERS OF THE

23 SELECTED RESERVE.

24 Section 2301(a) of title 38, United States Code, is

25 amended—
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1 (1) by striking out ‘‘and’’ at the end of para2 graph (1);

3 (2) by striking out the period at the end of

4 paragraph (2) and inserting in lieu thereof ‘‘; and’’;

5 and

6 (3) by adding at the end the following:

7 ‘‘(3) deceased individual who—

8 ‘‘(A) was serving as a member of the Se9 lected Reserve (as described in section 10143 of

10 title 10) at the time of death;

11 ‘‘(B) had served at least one enlistment, or

12 the period of initial obligated service, as a mem13 ber of the Selected Reserve and was discharged

14 from service in the Armed Forces under condi15 tions not less favorable than honorable; or

16 ‘‘(C) was discharged from service in the

17 Armed Forces under conditions not less favor18 able than honorable by reason of a disability in19 curred or aggravated in line of duty during the

20 individual’s initial enlistment, or period of ini21 tial obligated service, as a member of the Se22 lected Reserve.’’.

23 SEC. 1083. ELIMINATING SECRET SENATE HOLDS.

24 (a) STANDING ORDER.—It is a standing order of the

25 Senate that a Senator who provides notice to leadership
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1 of his or her intention to object to proceeding to a motion

2 or matter shall disclose the objection or hold in the Con3 gressional Record not later than 2 session days after the

4 date of the notice.

5 (b) RULEMAKING.—This section is adopted—

6 (1) as an exercise of the rulemaking power of

7 the Senate and as such it is deemed a part of the

8 rules of the Senate and it supersedes other rules

9 only to the extent that it is inconsistent with such

10 rules; and

11 (2) with full recognition of the constitutional

12 right of the Senate to change its rules at any time,

13 in the same manner, and to the same extent as in

14 the case of any other rule of the Senate.

15 SEC. 1084. DEFENSE BURDENSHARING.

16 (a) REVISED GOALS FOR EFFORTS TO INCREASE AL17 LIED BURDENSHARING.—Subsection (a) of section 1221

18 of the National Defense Authorization Act for Fiscal Year

19 1998 (Public Law 105–85; 111 Stat. 1935; 22 U.S.C.

20 1928 note) is amended to read as follows:

21 ‘‘(a) EFFORTS TO INCREASE ALLIED

22 BURDENSHARING.—The President shall seek to have each

23 nation that has cooperative military relations with the

24 United States (including security agreements, basing ar25 rangements, or mutual participation in multinational mili-
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1 tary organizations or operations) take one or more of the

2 following actions:

3 ‘‘(1) For any nation in which United States

4 military personnel are assigned to permanent duty

5 ashore, increase its financial contributions to the

6 payment of the nonpersonnel costs incurred by the

7 United States Government for stationing United

8 States military personnel in that nation, with a goal

9 of achieving by September 30, 2000, 75 percent of

10 such costs. An increase in financial contributions by

11 any nation under this paragraph may include the

12 elimination of taxes, fees, or other charges levied on

13 United States military personnel, equipment, or fa14 cilities stationed in that nation.

15 ‘‘(2) Increase its annual budgetary outlays for

16 national defense as a percentage of its gross domes17 tic product by 10 percent or at least to a percentage

18 level commensurate to that of the United States by

19 September 30, 1999.

20 ‘‘(3) Increase the military assets (including per21 sonnel, equipment, logistics, support and other re22 sources) that it contributes or has pledged to con23 tribute to multinational military activities worldwide

24 by 10 percent by September 30, 1999.
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1 ‘‘(4) Increase its annual budgetary outlays for

2 foreign assistance (funds to promote democratiza3 tion, governmental accountability and transparency,

4 economic stabilization and development, defense eco5 nomic conversion, respect for the rule of law and

6 internationally recognized human rights, or humani7 tarian relief efforts) by 10 percent, or to provide

8 such foreign assistance at a minimum annual rate

9 equal to one percent of its gross domestic product,

10 by September 30, 1999.’’.

11 (b) REVISED REQUIREMENT FOR REPORT ON

12 PROGRESS IN INCREASING ALLIED BURDENSHARING.—

13 Subsection (c) of such section is amended to read as fol14 lows:

15 ‘‘(c) REPORT ON PROGRESS IN INCREASING ALLIED

16 BURDENSHARING.—Not later than March 1, 1999, the

17 Secretary of Defense shall submit to Congress a report

18 on—

19 ‘‘(1) steps taken by other nations toward com20 pleting the actions described in subsection (a);

21 ‘‘(2) all measures taken by the President, in22 cluding those authorized in subsection (b), to achieve

23 the actions described in subsection (a);

24 ‘‘(3) the difference between the amount allo25 cated by other nations for each of the actions de-
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1 scribed in subsection (a) during the period beginning

2 on October 1, 1996, and ending on September 30,

3 1997, and during the period beginning on October 1,

4 1997, and ending on September 30, 1998, or, in the

5 case of any nation for which the data for such peri6 ods is inadequate, the difference between the

7 amounts for the latest periods for which adequate

8 data is available; and

9 ‘‘(4) the budgetary savings to the United States

10 that are expected to accrue as a result of the steps

11 described under paragraph (1).’’.

12 (c) EXTENSION OF DEADLINE FOR REPORT REGARD13 ING NATIONAL SECURITY BASES FOR FORWARD DEPLOY14 MENT AND BURDENSHARING RELATIONSHIPS.—Sub15 section (d)(2) of such section is amended by striking out

16 ‘‘March 1, 1998’’ and inserting in lieu thereof ‘‘March 1,

17 1999’’.

18 SEC. 1085. REVIEW OF DEFENSE AUTOMATED PRINTING

19 SERVICE FUNCTIONS.

20 (a) REVIEW REQUIRED.—The Secretary of Defense

21 shall provide for a review of the functions of the Defense

22 Automated Printing Service in accordance with this sec23 tion and submit to the Committee on Armed Services of

24 the Senate and the Committee on National Security of the
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1 House of Representatives the matters required under sub2 section (d) not later than March 31, 1999.

3 (b) PERFORMANCE BY INDEPENDENT ENTITY.—The

4 Secretary of Defense shall select the General Accounting

5 Office, an experienced entity in the private sector, or any

6 other entity outside the Department of Defense to perform

7 the review. The Comptroller General shall perform the re8 view if the Secretary selects the Comptroller General to

9 do so.

10 (c) REPORT.—The entity performing the review

11 under this section shall submit to the Secretary of Defense

12 a report that sets forth the findings and recommendations

13 of that entity resulting from the review. The report shall

14 contain the following:

15 (1) The functions that are inherently national

16 security functions and, as such, need to be per17 formed within the Department of Defense, together

18 with a detailed justification for the determination for

19 each such function.

20 (2) The functions that are appropriate for

21 transfer to another appropriate entity to perform,

22 including private sector entity.

23 (3) Any recommended legislation and any ad24 ministrative action that is necessary for transferring

25 or outsourcing the functions.
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1 (4) A discussion of the costs or savings associ2 ated with the transfers or outsourcing.

3 (5) A description of the management structure

4 of the Defense Automated Printing Service.

5 (6) A list of all sites where functions of the De6 fense Automated Printing Service are performed by

7 the Defense Automated Printing Service.

8 (7) The total number of the personnel employed

9 by the Defense Automated Printing Service and the

10 locations where the personnel perform the duties as

11 employees.

12 (8) A description of the functions performed by

13 the Defense Automated Printing Service and, for

14 each such function, the number of employees of the

15 Defense Automated Printing Service that perform

16 the function.

17 (9) For each site identified under paragraph

18 (6), an assessment of each type of equipment at the

19 site.

20 (10) The type and explanation of the net21 working and technology integration linking all of the

22 sites referred to in paragraph (6).

23 (11) The current and future requirements of

24 customers of the Defense Automated Printing Serv25 ice.
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1 (12) An assessment of the effectiveness of the

2 current structure of the Defense Automated Print3 ing Service in supporting current and future cus4 tomer requirements and plans to address any defi5 ciencies in supporting such requirements.

6 (13) A description and discussion of the best

7 business practices that are used by the Defense

8 Automated Printing Service and of other best busi9 ness that could be used by the Defense Automated

10 Printing Service.

11 (14) Options for maximizing the Defense Auto12 mated Printing Service structure and services to

13 provide the most cost effective service to its cus14 tomers.

15 (d) REVIEW AND COMMENTS OF SECRETARY OF DE16 FENSE.—(1) After reviewing the report, the Secretary of

17 Defense shall submit the report to Congress, together with

18 the Secretary’s comments on the report and a plan to

19 transfer or outsource from the Defense Automated Print20 ing Service to another appropriate entity the functions of

21 the Defense Automated Printing Service that—

22 (1) are not identified in the report as being in23 herently national security functions; and
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1 (2) the Secretary believes should be transferred

2 or outsourced for performance outside the Depart3 ment of Defense in accordance with law.

4 (e) EXTENSION OF REQUIREMENT FOR COMPETITIVE

5 PROCUREMENT OF SERVICES.—Section 351(a) of the Na6 tional Defense Authorization Act for Fiscal Year 1996

7 (Public Law 104–106; 110 Stat. 266), as amended by sec8 tion 351(a) of Public Law 104–201 (110 Stat. 2490) and

9 section 387(a)(1) of Public Law 105–85 (111 Stat. 1713),

10 is further amended by striking out ‘‘1998’’ and inserting

11 in lieu thereof ‘‘1999’’.

12 SEC. 1086. INCREASED MISSILE THREAT IN ASIA-PACIFIC

13 REGION.

14 (a) STUDY.—The Secretary of Defense shall carry

15 out a study of the architecture requirements for the estab16 lishment and operation of a theater ballistic missile de17 fense system in the Asia-Pacific region that would have

18 the capability to protect key regional allies of the United

19 States.

20 (b) REPORT.—(1) Not later than January 1, 1999,

21 the Secretary shall submit to the Committee on National

22 Security of the House of Representatives and the Commit23 tee on Armed Services of the Senate a report containing—

24 (A) the results of the study conducted under

25 subsection (a);
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1 (B) the factors used to obtain such results; and

2 (C) a description of any existing United States

3 missile defense system that could be transferred to

4 key allies of the United States in the Asia-Pacific re5 gion to provide for their self-defense against limited

6 ballistic missile attacks.

7 (2) The report shall be submitted in both classified

8 and unclassified form.

9 SEC. 1087. COOPERATION BETWEEN THE DEPARTMENT OF

10 THE ARMY AND THE EPA IN MEETING CWC

11 REQUIREMENTS.

12 (a) FINDINGS.—The Senate finds that:

13 (1) Compliance with international obligations to

14 destroy the United States chemical stockpile by

15 April 28, 2007, as required under the Chemical

16 Weapons Convention (CWC), is a national priority.

17 (2) The President should ensure that the De18 partment of Defense and the Department of the

19 Army receive all necessary assistance from Federal

20 agencies in expediting and accelerating the destruc21 tion of the lethal chemical stockpile.

22 (3) The Environmental Protection Agency, as

23 one of the Federal agencies with responsibilities to

24 assist the Department of Defense and the Depart25 ment of the Army, has asserted that it is not ade-
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1 quately funded to provide, or meet its National re2 sponsibilities under the Resource Conservation and

3 Recovery Act (RCRA) permitting requirements, in

4 order to assist the United States Government in

5 meeting its international obligations to destroy its le6 thal chemical stockpile.

7 (4) The Environmental Protection Agency

8 (EPA) should work in concert with the State and

9 local governments in this process, and that they

10 should properly budget for this process.

11 (b) REPORT REQUIRED.—The Department of De12 fense, in coordination with the Environmental Protection

13 Agency, shall report to the congressional defense commit14 tees by April 1, 1999, on the following—

15 (1) responsibilities associated with obligations

16 under the Resource Conservation and Recovery Act

17 (RCRA) permitting process related to United States

18 international obligations under the CWC to destroy

19 the United States chemical stockpile;

20 (2) technical assistance provided by the EPA to

21 its regional offices and the States and local govern22 ments in the permitting process, and how that as23 sistance facilitates the issuance of the environmental

24 permits at the various sites;
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1 (3) responsibility of the Department of Defense

2 to provide funding to the EPA, for the facilitation

3 of meetings of the National Chemical Agent Demili4 tarization Workgroup, meetings between the Office

5 of Solid Waste and the affected EPA Regional Of6 fices and States, and meetings between the Office of

7 Solid Waste, the Program Manager for Chemical

8 Demilitarization and the Department of Defense;

9 and

10 (4) responsibility of the Department of Defense

11 and the Department of the Army to provide funds

12 to the Environmental Protection Agency to hire full13 time equivalents to assist in the formulation of

14 RCRA permits.

15 TITLE XI—DEPARTMENT OF

16 DEFENSE CIVILIAN PERSONNEL

17 SEC. 1101. REPEAL OF EMPLOYMENT PREFERENCE NOT

18 NEEDED FOR RECRUITMENT AND RETEN19 TION OF QUALIFIED CHILD CARE PROVID20 ERS.

21 Section 1792 of title 10, United States Code, is

22 amended—

23 (1) by striking out subsection (d); and
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1 SEC. 1102. MAXIMUM PAY RATE COMPARABILITY FOR FAC2 ULTY MEMBERS OF THE UNITED STATES AIR

3 FORCE INSTITUTE OF TECHNOLOGY.

4 Section 9314(b)(2)(B) of title 10, United States

5 Code, is amended by striking out ‘‘section 5306(e)’’ and

6 inserting in lieu thereof ‘‘section 5373’’.

7 (2) by redesignating subsection (e) as sub8 section (d).

9 SEC. 1103. FOUR-YEAR EXTENSION OF VOLUNTARY SEPA10 RATION INCENTIVE PAY AUTHORITY.

11 Section 5597(e) of title 5, United States Code, is

12 amended by striking out ‘‘September 30, 2001’’ and in13 serting in lieu thereof ‘‘September 30, 2003’’.

14 SEC. 1104. DEPARTMENT OF DEFENSE EMPLOYEE VOL15 UNTARY EARLY RETIREMENT AUTHORITY.

16 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

17 8336 of title 5, United States Code, is amended—

18 (1) in subsection (d)(2), by inserting ‘‘except in

19 the case of an employee described in subsection

20 (o)(1),’’ after ‘‘(2)’’; and

21 (2) by adding at the end the following:

22 ‘‘(o)(1) An employee of the Department of Defense

23 who is separated from the service under conditions de24 scribed in paragraph (2) after completing 25 years of serv25 ice or after becoming 50 years of age and completing 20

26 years of service is entitled to an annuity.
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1 ‘‘(2) Paragraph (1) applies to an employee who—

2 ‘‘(A) has been employed continuously by the

3 Department of Defense for more than 30 days be4 fore the date on which the Secretary concerned re5 quests the determinations required under in sub6 paragraph (D)(i);

7 ‘‘(B) is serving under an appointment that is

8 not limited by time;

9 ‘‘(C) has not received a decision notice of invol10 untary separation for misconduct or unacceptable

11 performance that is pending decision; and

12 ‘‘(D) is separated from the service voluntarily

13 during a period in which—

14 ‘‘(i) the Department of Defense or the

15 military department or subordinate organization

16 within the Department of Defense or military

17 department in which the employee is serving is

18 undergoing a major reorganization, a major re19 duction in force, or a major transfer of func20 tion, and employees comprising a significant

21 percentage of the employees serving in that de22 partment or organization are to be separated or

23 subject to an immediate reduction in the rate of

24 basic pay (without regard to subchapter VI of

25 chapter 53, or comparable provisions of law), as
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1 determined by the Office of Personnel Manage2 ment (under regulations prescribed by the Of3 fice) upon the request of the Secretary con4 cerned; and

5 ‘‘(ii) the employee is within the scope of an

6 offer of voluntary early retirement (as defined

7 by organizational unit, occupational series or

8 level, geographical location, any other similar

9 factor that the Office of Personnel Management

10 determines appropriate, or any combination of

11 such definitions of scope), as determined by the

12 Secretary concerned under regulations pre13 scribed by the Office.

14 ‘‘(3) In this subsection, the term ‘Secretary con15 cerned’ means—

16 ‘‘(A) the Secretary of Defense, with respect to

17 an employee of the Department of Defense not em18 ployed in a position in a military department;

19 ‘‘(B) the Secretary of the Army, with respect to

20 an employee of the Department of the Army;

21 ‘‘(C) the Secretary of the Navy, with respect to

22 an employee of the Department of the Navy;

23 ‘‘(D) the Secretary of the Air Force, with re24 spect to an employee of the Department of the Air

25 Force.’’.
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1 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

2 Section 8414 of such title is amended—

3 (1) in subsection (b)(1)(B), inserting ‘‘except in

4 the case of an employee described in subsection

5 (d)(1),’’ after ‘‘(B)’’; and

6 (2) by adding at the end the following:

7 ‘‘(d)(1) An employee of the Department of Defense

8 who is separated from the service under conditions de9 scribed in paragraph (2) after completing 25 years of serv10 ice or after becoming 50 years of age and completing 20

11 years of service is entitled to an annuity.

12 ‘‘(2) Paragraph (1) applies to an employee who—

13 ‘‘(A) has been employed continuously by the

14 Department of Defense for more than 30 days be15 fore the date on which the Secretary concerned re16 quests the determinations required under subpara17 graph (D)(i);

18 ‘‘(B) is serving under an appointment that is

19 not limited by time;

20 ‘‘(C) has not received a decision notice of invol21 untary separation for misconduct or unacceptable

22 performance that is pending decision; and

23 ‘‘(D) is separated from the service voluntarily

24 during a period in which—
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1 ‘‘(i) the Department of Defense or the

2 military department or subordinate organization

3 within the Department of Defense or military

4 department in which the employee is serving is

5 undergoing a major reorganization, a major re6 duction in force, or a major transfer of func7 tion, and employees comprising a significant

8 percentage of the employees serving in that de9 partment or organization are to be separated or

10 subject to an immediate reduction in the rate of

11 basic pay (without regard to subchapter VI of

12 chapter 53, or comparable provisions of law), as

13 determined by the Office of Personnel Manage14 ment (under regulations prescribed by the Of15 fice) upon the request of the Secretary con16 cerned; and

17 ‘‘(ii) the employee is within the scope of an

18 offer of voluntary early retirement (as defined

19 by organizational unit, occupational series or

20 level, geographical location, any other similar

21 factor that the Office of Personnel Management

22 determines appropriate, or any combination of

23 such definitions of scope), as determined by the

24 Secretary concerned under regulations pre25 scribed by the Office.
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1 ‘‘(3) In this subsection, the term ‘Secretary con2 cerned’ means—

3 ‘‘(A) the Secretary of Defense, with respect to

4 an employee of the Department of Defense not em5 ployed in a position in a military department;

6 ‘‘(B) the Secretary of the Army, with respect to

7 an employee of the Department of the Army;

8 ‘‘(C) the Secretary of the Navy, with respect to

9 an employee of the Department of the Navy;

10 ‘‘(D) the Secretary of the Air Force, with re11 spect to an employee of the Department of the Air

12 Force.’’.

13 (c) CONFORMING AMENDMENTS.—(1) Section

14 8339(h) of such title is amended by striking out ‘‘or (j)’’

15 in the first sentence and inserting in lieu thereof ‘‘(j), or

16 (o)’’.

17 (2) Section 8464(a)(1)(A)(i) of such title is amended

18 by striking out ‘‘or (b)(1)(B)’’ and inserting in lieu thereof

19 ‘‘, (b)(1)(B), or (d)’’.

20 SEC. 1105. DEFENSE ADVANCED RESEARCH PROJECTS

21 AGENCY EXPERIMENTAL PERSONNEL MAN22 AGEMENT PROGRAM FOR TECHNICAL PER23 SONNEL.

24 (a) PROGRAM AUTHORIZED.—During the 5-year pe25 riod beginning on the date of the enactment of this Act,
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1 the Secretary of Defense may carry out a program of ex2 perimental use of special personnel management authority

3 provided in this section in order to facilitate the recruit4 ment of eminent experts in science or engineering for re5 search and development projects administered by the De6 fense Advanced Research Projects Agency.

7 (b) SPECIAL PERSONNEL MANAGEMENT AUTHOR8 ITY.—Under the program, the Secretary may—

9 (1) appoint scientists and engineers from out10 side the civil service and uniformed services (as such

11 terms are defined in section 2101 of title 5, United

12 States Code) to not more than 20 scientific and en13 gineering positions in the Defense Advanced Re14 search Projects Agency without regard to any provi15 sion of title 5, United States Code, governing the

16 appointment of employees in the civil service;

17 (2) prescribe the rates of basic pay for positions

18 to which employees are appointed under paragraph

19 (1) at rates not in excess of the maximum rate of

20 basic pay authorized for senior-level positions under

21 section 5376 of title 5, United States Code, notwith22 standing any provision of such title governing the

23 rates of pay or classification of employees in the ex24 ecutive branch; and
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1 (3) pay any employee appointed under para2 graph (1) payments in addition to basic pay within

3 the limit applicable to the employee under subsection

4 (d)(1).

5 (c) LIMITATION ON TERM OF APPOINTMENT.—(1)

6 Except as provided in paragraph (2), the service of an em7 ployee under an appointment under subsection (b)(1) may

8 not exceed four years.

9 (2) The Secretary may, in the case of a particular

10 employee, extend the period to which service is limited

11 under paragraph (1) by up to two years if the Secretary

12 determines that such action is necessary to promote the

13 efficiency of the Defense Advanced Research Projects

14 Agency.

15 (d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1)

16 The total amount of the additional payments paid to an

17 employee under subsection (b)(3) for any 12-month period

18 may not exceed the least of the following amounts:

19 (A) $25,000.

20 (B) The amount equal to 25 percent of the em21 ployee’s annual rate of basic pay.

22 (C) The amount of the limitation that is appli23 cable for a calendar year under section 5307(a)(1)

24 of title 5, United States Code.
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1 (2) An employee appointed under subsection (b)(1)

2 is not eligible for any bonus, monetary award, or other

3 monetary incentive for service except for payments author4 ized under subsection (b)(3).

5 (e) PERIOD OF PROGRAM.—(1) The program author6 ized under this section shall terminate at the end of the

7 5-year period referred to in subsection (a).

8 (2) After the termination of the program—

9 (A) no appointment may be made under para10 graph (1) of subsection (b);

11 (B) a rate of basic pay prescribed under para12 graph (2) of that subsection may not take effect for

13 a position; and

14 (C) no period of service may be extended under

15 subsection (c)(1).

16 (f) SAVINGS PROVISIONS.—In the case of an em17 ployee who, on the day before the termination of the pro18 gram, is serving in a position pursuant to an appointment

19 under subsection (b)(1)—

20 (1) the termination of the program does not

21 terminate the employee’s employment in that posi22 tion before the expiration of the lesser of—

23 (A) the period for which the employee was

24 appointed; or
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1 (B) the period to which the employee’s

2 service is limited under subsection (c), including

3 any extension made under paragraph (2) of

4 that subsection before the termination of the

5 program; and

6 (2) the rate of basic pay prescribed for the posi7 tion under subsection (b)(2) may not be reduced for

8 so long (within the period applicable to the employee

9 under paragraph (1)) as the employee continues to

10 serve in the position without a break in service.

11 (g) ANNUAL REPORT.—(1) Not later than October

12 15 of each year, beginning in 1999, the Secretary of De13 fense shall submit a report on the program to the Commit14 tee on Armed Services of the Senate and the Committee

15 on National Security of the House of Representatives. The

16 report submitted in a year shall cover the 12-month period

17 ending on the day before the anniversary, in that year,

18 of the date of the enactment of this Act.

19 (2) The annual report shall contain, for the period

20 covered by the report, the following:

21 (A) A detailed discussion of the exercise of au22 thority under this section.

23 (B) The sources from which appointees were re24 cruited.
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1 (C) The methodology used for identifying and

2 selecting appointees.

3 (D) Any additional information that the Sec4 retary considers helpful for assessing the utility of

5 the authority under this section.

6 TITLE XII—JOINT WARFIGHTING

7 EXPERIMENTATION

8 SEC. 1201. FINDINGS.

9 Congress makes the following findings:

10 (1) The collapse of the Soviet Union in 1991

11 and the unprecedented explosion of technological ad12 vances that could fundamentally redefine military

13 threats and military capabilities in the future have

14 generated a need to assess the defense policy, strat15 egy, and force structure necessary to meet future de16 fense requirements of the United States.

17 (2) The assessment conducted by the adminis18 tration of President Bush (known as the ‘‘Base

19 Force’’ assessment) and the assessment conducted

20 by the administration of President Clinton (known

21 as the ‘‘Bottom-Up Review’’) were important at22 tempts to redefine the defense strategy of the United

23 States and the force structure of the Armed Forces

24 necessary to execute that strategy.
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1 (3) Those assessments have become inadequate

2 as a result of the pace of global geopolitical change

3 and the speed of technological change, which have

4 been greater than expected.

5 (4) The Chairman of the Joint Chiefs of Staff

6 reacted to the changing environment by developing

7 and publishing in May 1996 a vision statement,

8 known as ‘‘Joint Vision 2010’’, to be a basis for the

9 transformation of United States military capabilities.

10 The vision statement embodies the improved intel11 ligence and command and control that is available in

12 the information age and sets forth the operational

13 concepts of dominant maneuver, precision engage14 ment, full-dimensional protection, and focused logis15 tics to achieve the objective of full spectrum domi16 nance.

17 (5) In 1996 Congress, concerned about the

18 shortcomings in defense policies and programs de19 rived from the Base-Force Review and the Bottom20 Up Review, determined that there was a need for a

21 new, comprehensive assessment of the defense strat22 egy of the United States and the force structure of

23 the Armed Forces necessary for meeting the threats

24 to the United States in the 21st century.
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1 (6) As a result of that determination, Congress

2 passed the Military Force Structure Review Act of

3 1996 (subtitle B of title IX of the National Defense

4 Authorization Act for Fiscal Year 1997), which re5 quired the Secretary of Defense to complete in 1997

6 a quadrennial defense review of the defense program

7 of the United States. The review was required to in8 clude a comprehensive examination of the defense

9 strategy, force structure, force modernization plans,

10 infrastructure, and other elements of the defense

11 program and policies with a view toward determining

12 and expressing the defense strategy of the United

13 States and establishing a revised defense program

14 through 2005. The Act also established a National

15 Defense Panel to assess the Quadrennial Defense

16 Review and to conduct an independent, nonpartisan

17 review of the strategy, force structure, and funding

18 required to meet anticipated threats to the national

19 security of the United States through 2010 and be20 yond.

21 (7) The Quadrennial Defense Review, com22 pleted by the Secretary of Defense in May 1997, de23 fined the defense strategy in terms of ‘‘Shape, Re24 spond, and Prepare Now’’. The Quadrennial Defense

25 Review placed greater emphasis on the need to pre-
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1 pare now for an uncertain future by exploiting the

2 revolution in technology and transforming the force

3 toward Joint Vision 2010. It concluded that our fu4 ture force will be different in character than our cur5 rent force.

6 (8) The National Defense Panel Report, pub7 lished in December 1997, concluded that ‘‘the De8 partment of Defense should accord the highest prior9 ity to executing a transformation strategy for the

10 United States military, starting now.’’ The panel

11 recommended the establishment of a Joint Forces

12 Command with the responsibility to be the joint

13 force integrator and provider and the responsibility

14 for driving the process for transforming United

15 States forces, including the conduct of joint experi16 mentation, and to have the budget for carrying out

17 those responsibilities.

18 (9) The assessments of both the Quadrennial

19 Defense Review and the National Defense Panel

20 provide Congress with a compelling argument that

21 the future security environment and the military

22 challenges to be faced by the United States in the

23 future will be fundamentally different than the cur24 rent environment and challenges. The assessments

25 also reinforce the foundational premise of the Gold-
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1 water-Nichols Department of Defense Reorganiza2 tion Act of 1986 that warfare, in all of its varieties,

3 will be joint warfare requiring the execution of devel4 oped joint operational concepts.

5 (10) A process of joint experimentation is nec6 essary for—

7 (A) integrating advances in technology

8 with changes in the organizational structure of

9 the Armed Forces and the development of joint

10 operational concepts that will be effective

11 against national security threats anticipated for

12 the future; and

13 (B) identifying and assessing the inter14 dependent aspects of joint warfare that are key

15 for transforming the conduct of military oper16 ations by the United States to meet those an17 ticipated threats successfully.

18 (11) It is critical for future readiness that the

19 Armed Forces of the United States innovatively in20 vestigate and test technologies, forces, and joint

21 operational concepts in simulations, wargames, and

22 virtual settings, as well as in field environments

23 under realistic conditions against the full range of

24 future challenges. It is essential that an energetic

25 and innovative organization be established and em-
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1 powered to design and implement a process of joint

2 experimentation to develop and validate new joint

3 warfighting concepts, along with experimentation by

4 the Armed Forces, that is directed at transforming

5 the Armed Forces to meet the threats to the na6 tional security that are anticipated for the early 21st

7 century. That process will drive changes in doctrine,

8 organization, training and education, materiel, lead9 ership, and personnel.

10 (12) The Department of Defense is committed

11 to conducting aggressive experimentation as a key

12 component of its transformation strategy.

13 (13) The competition of ideas is critical for

14 achieving effective transformation. Experimentation

15 by each of the Armed Forces has been, and will con16 tinue to be, a vital aspect of the pursuit of effective

17 transformation. Joint experimentation leverages the

18 effectiveness of each of the Armed Forces and the

19 Defense Agencies.

20 SEC. 1202. SENSE OF CONGRESS.

21 (a) DESIGNATION OF COMMANDER TO HAVE JOINT

22 WARFIGHTING EXPERIMENTATION MISSION.—It is the

23 sense of Congress that Congress supports the initiative of

24 the Secretary of Defense and the Chairman of the Joint

25 Chiefs of Staff to designate a commander of a combatant
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1 command to have the mission for joint warfighting experi2 mentation, consistent with the understanding of Congress

3 that the Chairman of the Joint Chiefs of Staff will assign

4 the designated commander the tasks to develop and vali5 date new joint warfighting concepts and capabilities, and

6 to determine the implications, for doctrine, organization,

7 training and education, materiel, leadership, and person8 nel, of the Department of Defense strategy for transform9 ing the Armed Forces to meet the national security threats

10 of the future.

11 (b) RESOURCES OF COMMANDER.—It is, further, the

12 sense of Congress that the commander designated to have

13 the joint warfighting experimentation mission should—

14 (1) have sufficient freedom of action and au15 thority over the necessary forces to successfully es16 tablish and conduct the process of joint warfighting

17 experimentation;

18 (2) be provided resources adequate for the joint

19 warfighting experimentation process; and

20 (3) have authority over the use of the resources

21 for the planning, preparation, conduct, and assess22 ment of joint warfighting experimentation.

23 (c) AUTHORITY AND RESPONSIBILITIES OF COM24 MANDER.—It is, further, the sense of Congress that, for

25 the conduct of joint warfighting experimentation to be ef-
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1 fective, it is necessary that the commander designated to

2 have the joint warfighting experimentation mission also

3 have the authority and responsibility for the following:

4 (1) Developing and implementing a process of

5 joint experimentation to formulate and validate con6 cepts critical for joint warfighting in the future, in7 cluding (in such process) analyses, simulations,

8 wargames, information superiority and other experi9 ments, advanced concept technology demonstrations,

10 and joint exercises conducted in virtual and actual

11 field environments.

12 (2) Planning, preparing, and conducting the

13 program of joint warfighting experimentation.

14 (3) Assessing the effectiveness of organizational

15 structures, operational concepts, and technologies

16 employed in joint experimentation, investigating op17 portunities for coordinating the evolution of the or18 ganizational structure of the Armed Forces compat19 ibly with the concurrent evolution of advanced tech20 nologies, and investigating new concepts for trans21 forming joint warfighting capabilities to meet the

22 operational challenges expected to be encountered by

23 the Armed Forces in the early 21st century.

24 (4) Coordinating with each of the Armed

25 Forces and the Defense Agencies regarding the de-
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1 velopment of the equipment (including surrogate or

2 real technologies, platforms, and systems) necessary

3 for the conduct of joint experimentation, or, if nec4 essary, developing such equipment directly.

5 (5) Coordinating with each of the Armed

6 Forces and the Defense Agencies regarding the ac7 quisition of the materiel, supplies, services, and sur8 rogate or real technology resources necessary for the

9 conduct of joint experimentation, or, if necessary,

10 acquiring such items and services directly.

11 (6) Developing scenarios and measures of effec12 tiveness for joint experimentation.

13 (7) Conducting so-called ‘‘red team’’ vulner14 ability assessments as part of joint experimentation.

15 (8) Assessing the interoperability of equipment

16 and forces.

17 (9) Providing the Secretary of Defense and the

18 Chairman of the Joint Chiefs of Staff with the com19 mander’s recommendations (developed on the basis

20 of joint experimentation) for reducing unnecessary

21 redundancy of equipment and forces.

22 (10) Providing the Secretary of Defense and

23 the Chairman of the Joint Chiefs of Staff with the

24 commander’s recommendations (developed on the

25 basis of joint experimentation) regarding synchroni-
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1 zation of the fielding of advanced technologies

2 among the Armed Forces to enable the development

3 and execution of joint operational concepts.

4 (11) Submitting, reviewing, and making rec5 ommendations (in conjunction with the joint experi6 mentation and evaluation process) to the Chairman

7 of the Joint Chiefs of Staff on mission needs state8 ments and operational requirements documents.

9 (12) Exploring new operational concepts (in10 cluding those developed within the Office of the Sec11 retary of Defense and Defense Agencies, other uni12 fied commands, the Armed Forces, and the Joint

13 Staff), and integrating and testing in joint experi14 mentation the systems and concepts that result from

15 warfighting experimentation by the Armed Forces

16 and the Defense Agencies.

17 (13) Developing, planning, refining, assessing,

18 and recommending to the Secretary of Defense and

19 the Chairman of the Joint Chiefs of Staff the most

20 promising joint concepts and capabilities for experi21 mentation and assessment.

22 (14) Assisting the Secretary of Defense and the

23 Chairman of the Joint Chiefs of Staff to prioritize

24 joint requirements and acquisition programs on the

25 basis of joint warfighting experimentation.
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1 (d) CONTINUED EXPERIMENTATION BY OTHER DE2 FENSE ORGANIZATIONS.—It is, further, the sense of Con3 gress that—

4 (1) the Armed Forces are expected to continue

5 to develop concepts and conduct intraservice and

6 multiservice warfighting experimentation within their

7 core competencies; and

8 (2) the commander of United States Special

9 Operations Command is expected to continue to de10 velop concepts and conduct joint experimentation as11 sociated with special operations forces.

12 (e) CONGRESSIONAL REVIEW.—It is, further, the

13 sense of Congress that—

14 (1) Congress will carefully review the initial re15 port and annual reports on joint warfighting experi16 mentation required under section 1203 to determine

17 the adequacy of the scope and pace of the trans18 formation of the Armed Forces to meet future chal19 lenges to the national security; and

20 (2) if the progress is inadequate, Congress will

21 consider legislation to establish a unified combatant

22 command with the mission, forces, budget, respon23 sibilities, and authority described in the preceding

24 provisions of this section.
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1 SEC. 1203. REPORTS ON JOINT WARFIGHTING EXPERIMEN2 TATION.

3 (a) INITIAL REPORT.—(1) On such schedule as the

4 Secretary of Defense shall direct, the commander of the

5 combatant command assigned the mission for joint

6 warfighting experimentation shall submit to the Secretary

7 an initial report on the implementation of joint experimen8 tation. Not later than April 1, 1999, the Secretary shall

9 submit the report, together with any comments that the

10 Secretary considers appropriate and any comments that

11 the Chairman of the Joint Chiefs of Staff considers appro12 priate, to the Chairmen of the Committee on Armed Serv13 ices of the Senate and the Committee on National Security

14 of the House of Representatives.

15 (2) The initial report of the commander shall include

16 the following:

17 (A) The commander’s understanding of the

18 commander’s specific authority and responsibilities

19 and of the commander’s relationship to the Sec20 retary of Defense, the Chairman of the Joint Chiefs

21 of Staff, the Joint Staff, the commanders of other

22 combatant commands, the Armed Forces, and the

23 Defense Agencies and activities.

24 (B) The organization of the commander’s com25 batant command, and of its staff, for carrying out

26 the joint warfighting experimentation mission.
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1 (C) The process established for tasking forces

2 to participate in joint warfighting experimentation

3 and the commander’s specific authority over the

4 forces.

5 (D) Any forces designated or made available as

6 joint experimentation forces.

7 (E) The resources provided for joint

8 warfighting experimentation, including the personnel

9 and funding for the initial implementation of joint

10 experimentation, the process for providing the re11 sources to the commander, the categories of the

12 funding, and the authority of the commander for

13 budget execution.

14 (F) The authority of the commander, and the

15 process established, for the development and acquisi16 tion of the material, supplies, services, and equip17 ment necessary for the conduct of joint warfighting

18 experimentation, including the authority and process

19 for development and acquisition by the Armed

20 Forces and the Defense Agencies and the authority

21 and process for development and acquisition by the

22 commander directly.

23 (G) The authority of the commander to design,

24 prepare, and conduct joint experiments (including

25 the scenarios and measures of effectiveness used) for
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1 assessing operational concepts for meeting future

2 challenges to the national security.

3 (H) The role assigned the commander for—

4 (i) integrating and testing in joint

5 warfighting experimentation the systems that

6 emerge from warfighting experimentation by

7 the Armed Forces or the Defense Agencies;

8 (ii) assessing the effectiveness of organiza9 tional structures, operational concepts, and

10 technologies employed in joint warfighting ex11 perimentation; and

12 (iii) assisting the Secretary of Defense and

13 the Chairman of the Joint Chiefs of Staff in

14 prioritizing acquisition programs in relationship

15 to future joint warfighting capabilities.

16 (I) Any other comments that the commander

17 considers appropriate.

18 (b) ANNUAL REPORT.—(1) On such schedule as the

19 Secretary of Defense shall direct, the commander of the

20 combatant command assigned the mission for joint

21 warfighting experimentation shall submit to the Secretary

22 an annual report on the conduct of joint experimentation

23 activities for the fiscal year ending in the year of the re24 port. Not later than December 1 of each year, the Sec25 retary shall submit the report, together with any com-
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1 ments that the Secretary considers appropriate and any

2 comments that the Chairman of the Joint Chiefs of Staff

3 considers appropriate, to the Chairmen of the Committee

4 on Armed Services of the Senate and the Committee on

5 National Security of the House of Representatives. The

6 first annual report shall be submitted in 1999.

7 (2) The annual report of the commander shall in8 clude, for the fiscal year covered by the report, the follow9 ing:

10 (A) Any changes in—

11 (i) the commander’s authority and respon12 sibilities for joint warfighting experimentation;

13 (ii) the commander’s relationship to the

14 Secretary of Defense, the Chairman of the

15 Joint Chiefs of Staff, the Joint Staff, the com16 manders of the other combatant commands, the

17 Armed Forces, or the Defense Agencies or ac18 tivities;

19 (iii) the organization of the commander’s

20 command and staff for joint warfighting experi21 mentation;

22 (iv) any forces designated or made avail23 able as joint experimentation forces;

24 (v) the process established for tasking

25 forces to participate in joint experimentation
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1 activities or the commander’s specific authority

2 over the tasked forces;

3 (vi) the procedures for providing funding

4 for the commander, the categories of funding,

5 or the commander’s authority for budget execu6 tion;

7 (vii) the authority of the commander, and

8 the process established, for the development

9 and acquisition of the material, supplies, serv10 ices, and equipment necessary for the conduct

11 of joint warfighting experimentation;

12 (viii) the commander’s authority to design,

13 prepare, and conduct joint experiments (includ14 ing the scenarios and measures of effectiveness

15 used) for assessing operational concepts for

16 meeting future challenges to the national secu17 rity; or

18 (ix) any role described in subsection

19 (a)(2)(H).

20 (B) The conduct of joint warfighting experi21 mentation activities, including the number of activi22 ties, the forces involved, the national security chal23 lenges addressed, the operational concepts assessed,

24 and the scenarios and measures of effectiveness

25 used.
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1 (C) An assessment of the results of warfighting

2 experimentation within the Department of Defense.

3 (D) The effect of warfighting experimentation

4 on the process for transforming the Armed Forces

5 to meet future challenges to the national security.

6 (E) Any recommendations that the commander

7 considers appropriate regarding—

8 (i) the development or acquisition of ad9 vanced technologies; or

10 (ii) changes in organizational structure,

11 operational concepts, or joint doctrine.

12 (F) An assessment of the adequacy of re13 sources, and any recommended changes for the proc14 ess of providing resources, for joint warfighting ex15 perimentation.

16 (G) Any recommended changes in the authority

17 or responsibilities of the commander.

18 (H) Any additional comments that the com19 mander considers appropriate.

Passed the Senate June 25, 1998.

Attest: GARY SISCO,

Secretary.