H. R. 3616—224
use when there is a reasonable suspicion that the employee uses
illegal drugs.
(c) NOTIFICATION TO APPLICANTS.—The Secretary of Defense
shall notify persons who apply for employment with the Department
of Defense that, as a condition of employment by the Department,
the person may be required to submit to drug testing under the
drug testing program required by Executive Order No. 12564 (51
Fed. Reg. 32889; September 15, 1986) pursuant to the terms of
the Executive order.
(d) DEFINITIONS.—In this section, the terms ‘‘illegal drugs’’ and
‘‘employee in a sensitive position’’ have the meanings given such
terms in section 7 of Executive Order No. 12564 (51 Fed. Reg.
32889; September 15, 1986).
SEC. 1109. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY
RETIREMENT AUTHORITY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336 of title
5, United States Code, is amended—
(1) in subsection (d)(2), by inserting ‘‘except in the case
of an employee described in subsection (o)(1),’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(o)(1) An employee of the Department of Defense who is sepa-
rated from the service under conditions described in paragraph
(2) after completing 25 years of service or after becoming 50 years
of age and completing 20 years of service is entitled to an annuity.
‘‘(2) Paragraph (1) applies to an employee who—
‘‘(A) has been employed continuously by the Department
of Defense for more than 30 days before the date on which
the Secretary concerned requests the determinations required
under subparagraph (D)(i);
‘‘(B) is serving under an appointment that is not limited
by time;
‘‘(C) has not received a decision notice of involuntary sepa-
ration for misconduct or unacceptable performance that is pend-
ing decision; and
‘‘(D) is separated from the service voluntarily during a
period in which—
‘‘(i) the Department of Defense or the military depart-
ment or subordinate organization within the Department
of Defense or military department in which the employee
is serving is undergoing a major reorganization, a major
reduction in force, or a major transfer of function, and
employees comprising a significant percentage of the
employees serving in that department or organization are
to be separated or subject to an immediate reduction in
the rate of basic pay (without regard to subchapter VI
of chapter 53, or comparable provisions of law), as deter-
mined by the Office of Personnel Management (under regu-
lations prescribed by the Office) upon the request of the
Secretary concerned; and
‘‘(ii) the employee is within the scope of an offer of
voluntary early retirement (as defined by organizational
unit, occupational series or level, geographical location,
any other similar factor that the Office of Personnel
Management determines appropriate, or any combination
of such definitions of scope), as determined by the Secretary
concerned under regulations prescribed by the Office.
H. R. 3616—225
‘‘(3) In this subsection, the term ‘Secretary concerned’ means—
‘‘(A) the Secretary of Defense, with respect to an employee
of the Department of Defense not employed in a position in
a military department;
‘‘(B) the Secretary of the Army, with respect to an employee
of the Department of the Army;
‘‘(C) the Secretary of the Navy, with respect to an employee
of the Department of the Navy; and
‘‘(D) the Secretary of the Air Force, with respect to an
employee of the Department of the Air Force.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 8414
of such title is amended—
(1) in subsection (b)(1)(B), by inserting ‘‘except in the case
of an employee described in subsection (d)(1),’’ after ‘‘(B)’’; and
(2) by adding at the end the following:
‘‘(d)(1) An employee of the Department of Defense who is sepa-
rated from the service under conditions described in paragraph
(2) after completing 25 years of service or after becoming 50 years
of age and completing 20 years of service is entitled to an annuity.
‘‘(2) Paragraph (1) applies to an employee who—
‘‘(A) has been employed continuously by the Department
of Defense for more than 30 days before the date on which
the Secretary concerned requests the determinations required
under subparagraph (D)(i);
‘‘(B) is serving under an appointment that is not limited
by time;
‘‘(C) has not received a decision notice of involuntary sepa-
ration for misconduct or unacceptable performance that is pend-
ing decision; and
‘‘(D) is separated from the service voluntarily during a
period in which—
‘‘(i) the Department of Defense or the military depart-
ment or subordinate organization within the Department
of Defense or military department in which the employee
is serving is undergoing a major reorganization, a major
reduction in force, or a major transfer of function, and
employees comprising a significant percentage of the
employees serving in that department or organization are
to be separated or subject to an immediate reduction in
the rate of basic pay (without regard to subchapter VI
of chapter 53, or comparable provisions of law), as deter-
mined by the Office of Personnel Management (under regu-
lations prescribed by the Office) upon the request of the
Secretary concerned; and
‘‘(ii) the employee is within the scope of an offer of
voluntary early retirement (as defined by organizational
unit, occupational series or level, geographical location,
any other similar factor that the Office of Personnel
Management determines appropriate, or any combination
of such definitions of scope), as determined by the Secretary
concerned under regulations prescribed by the Office.
‘‘(3) In this subsection, the term ‘Secretary concerned’ means—
‘‘(A) the Secretary of Defense, with respect to an employee
of the Department of Defense not employed in a position in
a military department;
‘‘(B) the Secretary of the Army, with respect to an employee
of the Department of the Army;
H. R. 3616—226
‘‘(C) the Secretary of the Navy, with respect to an employee
of the Department of the Navy; and
‘‘(D) the Secretary of the Air Force, with respect to an
employee of the Department of the Air Force.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 8339(h) of such
title is amended by striking out ‘‘or ( j)’’ in the first sentence and
inserting in lieu thereof ‘‘( j), or (o)’’.
(2) Section 8464(a)(1)(A)(i) of such title is amended by striking
out ‘‘or (b)(1)(B)’’ and inserting in lieu thereof ‘‘, (b)(1)(B), or (d)’’.
(d) EFFECTIVE DATE; APPLICABILITY.—The amendments made
by this section—
(1) shall take effect on October 1, 2000; and
(2) shall apply with respect to an approval for voluntary
early retirement made on or after that date.
TITLE XII—MATTERS RELATING TO
OTHER NATIONS
Subtitle A—United States Armed Forces in Bosnia and Herzegovina
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Presidential reports.
Sec. 1204. Secretary of Defense reports on operations in Bosnia and Herzegovina.
Sec. 1205. Definitions.
Subtitle B—Matters Relating to Contingency Operations
Sec. 1211. Report on involvement of Armed Forces in contingency and ongoing oper-
ations.
Sec. 1212. Submission of report on objectives of a contingency operation with
requests for funding for the operation.
Subtitle C—Matters Relating to NATO and Europe
Sec. 1221. Limitation on United States share of costs of NATO expansion.
Sec. 1222. Report on military capabilities of an expanded NATO alliance.
Sec. 1223. Reports on the development of the European security and defense
identity.
Subtitle D—Other Matters
Sec. 1231. Limitation on assignment of United States forces for certain United
Nations purposes.
Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto Protocol to the
United Nations Framework Convention on Climate Change.
Sec. 1233. Defense burdensharing.
Sec. 1234. Transfer of excess UH–1 Huey and AH–1 Cobra helicopters to foreign
countries.
Sec. 1235. Transfers of naval vessels to certain foreign countries.
Sec. 1236. Repeal of landmine moratorium.
Sec. 1237. Application of authorities under the International Emergency Economic
Powers Act to Communist Chinese military companies.
Subtitle A—United States Armed Forces in
Bosnia and Herzegovina
SEC. 1201. FINDINGS.
Congress makes the following findings:
(1) The contributions of the people of the United States
and other nations have, in large measure, resulted in the
suspension of fighting and alleviated the suffering of the people
of Bosnia and Herzegovina since December 1995.
(2) The United States has expended approximately
$9,500,000,000 between 1992 and mid-1998 just in support
H. R. 3616—227
of the United States military operations in Bosnia to achieve
those results.
(3) Efforts to restore the economy and political structure
in Bosnia and Herzegovina have achieved some success in
accordance with the Dayton Accords.
(4) On March 3, 1998, the President certified to Congress
(A) that the continued presence of United States forces in
Bosnia and Herzegovina after June 30, 1998, was required
in order to meet the national security interests of the United
States, and (B) that United States Armed Forces will not serve
as, or be used as, civil police in Bosnia and Herzegovina.
(5) With that certification, the President submitted to Con-
gress a report stating that the goal of the military presence
in Bosnia and Herzegovina is to establish the conditions under
which implementation of the Dayton Accords can continue with-
out the support of a major NATO-led military force and setting
forth the criteria for determining when that goal has been
accomplished.
(6) Since the administration has not specified how long
achievement of that goal is expected to take, the mission of
United States ground combat forces in Bosnia and Herzegovina
is essentially of indefinite duration.
(7) The NATO operations plan for the Stabilization Force
(Operations Plan 10407, which went into effect on June 20,
1998, after approval by allied foreign ministers) incorporates
all of the benchmarks set forth in the report referred to in
paragraph (5) and states that the Stabilization Force will
develop detailed criteria for assessing progress in achieving
those benchmarks in close coordination with key international
organizations participating in civilian implementation of the
Dayton Accords.
(8) The military representatives of NATO member nations
have been tasked by the North Atlantic Council to provide
estimates of the time likely to be required for implementation
of the Dayton Accords.
(9) NATO has decided to conduct formal reviews when
appropriate (but at intervals of not more than 6 months) to
assess the security situation and the progress being made in
the implementation of the civil aspects of the Dayton Accords.
Those reviews will enable the Alliance to make decisions as
to reductions in the size or the Stabilization Force, leading
to its eventual full withdrawal.
(10) NATO has approved the creation of a multinational
specialized unit of gendarmes or paramilitary police composed
of European security forces to help promote public security
in Bosnia and Herzegovina as a part of the post-June 1998
mission for the Stabilization Force.
(11) The limit established for spending by the United States
for the defense discretionary budget category for fiscal year
1998 in the Balanced Budget and Emergency Deficit Control
Act of 1985 does not take into account the continued deployment
of United States forces in Bosnia and Herzegovina after June
30, 1998, leading to the request by the President for emergency
supplemental appropriations for the Bosnia and Herzegovina
mission through September 30, 1998.
(12) Amounts for Department of Defense operations in
Bosnia and Herzegovina during fiscal year 1999 were not
H. R. 3616—228
included in the budget of the President for fiscal year 1999,
as submitted to Congress on February 2, 1998.
(13) The President requested $1,858,600,000 in emergency
appropriations in his March 4, 1998, amendment to the fiscal
year 1999 budget to cover the shortfall in funding in fiscal
year 1999 for the costs of extending the mission in Bosnia.
SEC. 1202. SENSE OF CONGRESS.
(a) SENSE OF CONGRESS CONCERNING UNITED STATES FORCES
AND ACCOMPLISHMENT OF TASKS IN BOSNIA AND HERZEGOVINA.—
It is the sense of Congress that—
(1) United States ground combat forces should not remain
in Bosnia and Herzegovina indefinitely in view of the worldwide
commitments of the Armed Forces of the United States;
(2) the President should work with NATO allies and the
other nations whose military forces are participating in the
NATO-led Stabilization Force to withdraw United States
ground combat forces from Bosnia and Herzegovina within
a reasonable period of time, consistent with the safety of those
forces and the accomplishment of the Stabilization Force’s mili-
tary tasks;
(3) a NATO-led force without the participation of United
States ground combat forces in Bosnia and Herzegovina might
be suitable for a follow-on force for Bosnia and Herzegovina
if the European Security and Defense Identity is not sufficiently
developed or is otherwise considered inappropriate for such
a mission; and
(4) the United States may decide to provide appropriate
support to a Western European Union-led or NATO-led follow-
on force for Bosnia and Herzegovina, including command and
control, intelligence, logistics, and, if necessary, a ready reserve
force in the region.
(b) SENSE OF CONGRESS CONCERNING PRESIDENTIAL ACTIONS.—
It is the sense of Congress that the President—
(1) should inform the European NATO allies of the expres-
sion of the sense of Congress in subsection (a) and should
strongly urge them to undertake preparations for establishing
a Western European Union-led or a NATO-led force as a follow-
on force to the Stabilization Force if needed to maintain peace
and stability in Bosnia and Herzegovina; and
(2) should consult closely with the congressional leadership
and the congressional defense committees with respect to the
progress being made toward achieving a sustainable peace in
Bosnia and Herzegovina and the progress being made toward
a reduction and ultimate withdrawal of United States ground
combat forces from Bosnia and Herzegovina.
(c) SENSE
OF CONGRESS CONCERNING DEFENSE BUDGET.—It
is the sense of Congress that—
(1) the President should include in the budget for the
Department of Defense that the President submits to Congress
under section 1105(a) of title 31, United States Code, for each
fiscal year sufficient amounts to pay for any proposed continu-
ation of the participation of United States forces in NATO
operations in Bosnia and Herzegovina during that fiscal year;
and
H. R. 3616—229
(2) amounts included in the budget for the purpose stated
in paragraph (1) should be over and above the defense discre-
tionary estimates as identified in the Bipartisan Budget Agree-
ment of May 16, 1997 and the fiscal year 1998 concurrent
budget resolution and not be transferred from amounts in the
budget of any other agency of the executive branch, but instead
should be an overall increase in the budget for the Department
of Defense and the discretionary spending limits in the Bal-
anced Budget Act of 1997.
SEC. 1203. PRESIDENTIAL REPORTS.
(a) REQUIRED REPORTS.—The President shall ensure that the
semiannual reports required by section 7(b) of the general provisions
of chapter I of the 1998 Supplemental Appropriations and Rescis-
sions Act (Public Law 105–174; 112 Stat. 64) are submitted to
Congress in a timely manner as long as United States ground
combat forces continue to participate in the Stabilization Force
(SFOR). In addition, whenever the President submits to Congress
a request for funds for continued operations of United States forces
in Bosnia and Herzegovina, the President shall submit a supple-
mental report providing information to update Congress on develop-
ments since the last semiannual report.
(b) REQUIRED INFORMATION.—In addition to the information
required by the section referred to in subsection (a) to be included
in a report under that section, each report under that section
or under subsection (a) shall include the following:
(1) The expected duration of the deployment of United
States ground combat forces in Bosnia and Herzegovina in
support of implementation of the benchmarks set forth in the
President’s report of March 3, 1998 (referred to in section
1201(5)) for achieving a sustainable peace process.
(2) The percentage of those benchmarks that have been
completed as of the date of the report, the percentage that
are expected to be completed within the next reporting period,
and the expected time for completion of the remaining tasks.
(3) The status of the NATO force of gendarmes or para-
military police, including the mission of the force, the composi-
tion of the force, and the extent, if any, to which members
of the Armed Forces of the United States are participating
(or are to participate) in the force.
(4) The military and nonmilitary missions that the Presi-
dent has directed for United States forces in Bosnia and
Herzegovina, including a specific discussion of—
(A) the mission of those forces, if any, in connection
with the pursuit and apprehension of war criminals;
(B) the mission of those forces, if any, in connection
with civilian police functions;
(C) the mission of those forces, if any, in connection
with the resettlement of refugees; and
(D) the missions undertaken by those forces, if any,
in support of international and local civilian authorities.
(5) An assessment of the risk for the United States forces
in Bosnia and Herzegovina, including, for each mission identi-
fied pursuant to paragraph (4), the assessment of the Chairman
of the Joint Chiefs of Staff regarding the nature and level
of risk of the mission for the safety and well-being of United
States military personnel.
H. R. 3616—230
(6) An assessment of the cost to the United States, by
fiscal year, of carrying out the missions identified pursuant
to paragraph (4) and a detailed projection of any additional
funding that will be required by the Department of Defense
to meet mission requirements for those operations for the
remainder of the fiscal year.
(7) A joint assessment by the Secretary of Defense and
the Secretary of State of the status of planning for—
(A) the assumption of all remaining military missions
inside Bosnia and Herzegovina by European military and
paramilitary forces; and
(B) the establishment and support of a forward-based
United States rapid response force outside of Bosnia and
Herzegovina that would be capable of deploying rapidly
to defeat military threats to a European follow-on force
inside Bosnia and Herzegovina and of providing whatever
logistical, intelligence, and air support is needed to ensure
that a European follow-on force is fully capable of accom-
plishing its missions under the Dayton Accords.
SEC. 1204. SECRETARY OF DEFENSE REPORTS ON OPERATIONS IN
BOSNIA AND HERZEGOVINA.
(a) REPORT ON EFFECTS ON CAPABILITIES OF UNITED STATES
MILITARY FORCES.—Not later than December 15, 1998, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the effects of military operations in Bosnia and
Herzegovina and the Balkans region on the capabilities of United
States military forces. The report shall, in particular, describe the
effects of those operations on the capability of United States military
forces to conduct successfully two nearly simultaneous major theater
wars as specified in current Defense Planning Guidance and in
accordance with the deployment timelines called for in the war
plans of the commanders of the unified combatant commands.
(b) ADDITIONAL REPORTS.—Whenever the number of United
States ground combat forces in Bosnia and Herzegovina increases
or decreases by 20 percent or more compared to the number of
such forces as of the most recent previous report under this section,
the Secretary shall submit an additional report as specified in
subsection (a). Any such additional report shall be submitted within
30 days of the date on which the requirement to submit the report
becomes effective under the preceding sentence.
(c) MATTERS TO BE INCLUDED.—The Secretary shall include
in each report under this section information with respect to the
effects of military operations in Bosnia and Herzegovina and the
Balkans region on the capabilities of United States military forces
to conduct successfully two nearly simultaneous major theater wars
as specified in current Defense Planning Guidance and in accord-
ance with the deployment timelines called for in the war plans
of the commanders of the unified combatant commands. Such
information shall include information on the effects of those oper-
ations on anticipated deployment plans for major theater wars
in Southwest Asia or on the Korean peninsula, including the follow-
ing:
(1) Deficiencies or delays in deployment of strategic lift,
logistics support and infrastructure, ammunition (including
precision guided munitions), support forces, intelligence assets,
H. R. 3616—231
follow-on forces used for planned counteroffensives, and similar
forces.
(2) Additional planned reserve component mobilization,
including specific units to be ordered to active duty and required
dates for activation of presidential call-up authority.
(3) Specific plans and timelines for redeployment of United
States forces from Bosnia and Herzegovina, the Balkans region,
or supporting forces in the region, to both the first and second
major theater war.
(4) Preventative actions or deployments involving United
States forces in Bosnia and Herzegovina and the Balkans region
that would be taken in the event of a single theater war
to deter the outbreak of a second theater war.
(5) Specific plans and timelines to replace forces deployed
to Bosnia and Herzegovina, the Balkans region, or the
surrounding region to maintain United States military pres-
ence.
(6) An assessment, undertaken in consultation with the
Chairman of the Joint Chiefs of Staff and the commanders
of the unified combatant commands, of the level of increased
risk to successful conduct of the major theater wars and the
maintenance 
of 
security 
and 
stability 
in 
Bosnia 
and
Herzegovina and the Balkans region, by the requirement to
redeploy forces from Bosnia and the Balkans in the event
of a major theater war.
SEC. 1205. DEFINITIONS.
As used in this subtitle:
(1) DAYTON
PEACE
ACCORDS.—The term ‘‘Dayton Peace
Accords’’ means the General Framework Agreement for Peace
in Bosnia and Herzegovina, initialed by the parties in Dayton,
Ohio, on November 21, 1995, and signed in Paris on December
14, 1995.
(2) STABILIZATION FORCE.—The term ‘‘Stabilization Force’’
means the NATO-led force in Bosnia and Herzegovina and
other countries in the region (referred to as ‘‘SFOR’’), authorized
under United Nations Security Council Resolution 1088
(December 12, 1996).
(3) NATO.—The term ‘‘NATO’’ means the North Atlantic
Treaty Organization.
Subtitle B—Matters Relating to
Contingency Operations
SEC. 1211. REPORT ON INVOLVEMENT OF ARMED FORCES IN CONTIN-
GENCY AND ONGOING OPERATIONS.
(a) REPORT REQUIRED.—Not later than January 31, 1999, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the involvement of
the Armed Forces in major contingency operations and major
ongoing operations since the end of the Persian Gulf War. The
report shall include the following:
(1) A discussion of the effects of the involvement of the
Armed Forces in those operations on retention of personnel
H. R. 3616—232
in the Armed Forces, shown in the aggregate and separately
for officers and enlisted personnel.
(2) The extent to which the use of combat support and
combat service support personnel and equipment of the Armed
Forces in those operations has resulted in shortages of Armed
Forces personnel and equipment in other regions of the world.
(3) The accounts from which funds have been drawn to
pay for those operations and the specific programs for which
those funds were available until diverted to pay for those oper-
ations.
(4) For each such operation—
(A) a statement of the vital interests of the United
States that are involved in the operation or, if none, the
interests of the United States that are involved in the
operation and a characterization of those interests;
(B) a statement of what clear and distinct objectives
guide the activities of United States forces in the operation;
and
(C) a statement of what the President has identified
on the basis of those objectives as the date, or the set
of conditions, that defines the end of the operation.
(b) FORM
OF REPORT.—The report shall be submitted in
unclassified form, but may also be submitted in a classified form
if necessary.
(c) MAJOR OPERATION DEFINED.—For the purposes of this sec-
tion, a contingency operation or an ongoing operation is a major
contingency operation or a major ongoing operation, respectively,
if the operation involves the deployment of more than 500 members
of the Armed Forces.
SEC. 1212. SUBMISSION OF REPORT ON OBJECTIVES OF A CONTIN-
GENCY OPERATION WITH REQUESTS FOR FUNDING FOR
THE OPERATION.
(a) FINDINGS.—Congress makes the following findings:
(1) On May 3, 1994, the President issued Presidential Deci-
sion Directive 25 declaring that American participation in
United Nations and other peace operations would depend in
part on whether the role of United States forces is tied to
clear objectives and an endpoint for United States participation
can be identified.
(2) Between that date and mid-1998, the President and
other executive branch officials have obligated or requested
appropriations of approximately $9,400,000,000 for military-
related operations throughout Bosnia and Herzegovina without
providing to Congress, in conjunction with the budget submis-
sion for any fiscal year, a strategic plan for such operations
under the criteria set forth in that Presidential Decision Direc-
tive.
(3) Between November 27, 1995, and mid-1998 the Presi-
dent has established three deadlines, since elapsed, for the
termination of United States military-related operations
throughout Bosnia and Herzegovina.
(4) On December 17, 1997, the President announced that
United States ground combat forces would remain in Bosnia
and Herzegovina for an unknown period of time.
(5) Approximately 47,880 United States military personnel
(excluding personnel serving in units assigned to the Republic