H. R. 1119—294
Sec. 1105. Garnishment and involuntary allotment.
Sec. 1106. Extension and revision of voluntary separation incentive pay authority.
Sec. 1107. Use of approved fire-safe accommodations by Government employees on
official business.
Sec. 1108. Navy higher education pilot program regarding administration of
business relationships between Government and private sector.
Sec. 1109. Authority for Marine Corps University to employ civilian faculty
members.
SEC. 1101. USE OF PROHIBITED CONSTRAINTS TO MANAGE DEPART-
MENT OF DEFENSE PERSONNEL.
Section 129 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f)(1) Not later than February 1 of each year, the Secretary
of each military department and the head of each Defense Agency
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives a report on the management of the civilian workforce under
the jurisdiction of that official.
‘‘(2) Each report of an official under paragraph (1) shall contain
the following:
‘‘(A) The official’s certification (i) that the civilian workforce
under the jurisdiction of the official is not subject to any con-
straint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of employ-
ees, and (ii) that, during the 12 months preceding the date
on which the report is due, such workforce has not been subject
to any such constraint or limitation.
‘‘(B) A description of how the civilian workforce is managed.
‘‘(C) A detailed description of the analytical tools used
to determine civilian workforce requirements during the 12-
month period referred to in subparagraph (A).’’.
SEC. 1102. VETERANS’ PREFERENCE STATUS FOR CERTAIN VETERANS
WHO SERVED ON ACTIVE DUTY DURING THE PERSIAN
GULF WAR.
(a) DEFINITION
OF VETERAN
FOR PURPOSES
OF PREFERENCE
ELIGIBLE STATUS.—Section 2108 of title 5, United States Code,
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subparagraph (A);
(B) by inserting ‘‘or’’ at the end of subparagraph (B);
and
(C) by inserting after subparagraph (B) the following
new subparagraph:
‘‘(C) served on active duty as defined by section 101(21)
of title 38 in the armed forces during the period beginning
on August 2, 1990, and ending on January 2, 1992;’’; and
(2) in paragraph (3)(B), by inserting ‘‘or (C)’’ after ‘‘para-
graph (1)(B)’’.
(b) ADDITIONAL POINTS.—Section 3309(2) of such title is amend-
ed by striking ‘‘2108(3)(A)’’ and inserting ‘‘2108(3)(A)–(B)’’.
(c) TECHNICAL AMENDMENTS.—Section 2108(1)(B) of such title
is further amended—
(1) by striking ‘‘the date of enactment of the Veterans’
Education and Employment Assistance Act of 1976,’’ and insert-
ing ‘‘October 15, 1976,’’; and
(2) by striking ‘‘511(d) of title 10’’ and inserting ‘‘12103(d)
of title 10’’.
H. R. 1119—295
SEC. 1103. REPEAL OF DEADLINE FOR PLACEMENT CONSIDERATION
OF INVOLUNTARILY SEPARATED MILITARY RESERVE
TECHNICIANS.
(a) REPEAL OF DEADLINE.—Section 3329(b) of title 5, United
States Code, is amended by striking out ‘‘not later than 6 months
after the date of the application’’.
(b) TECHNICAL CORRECTION.—Such section is further amended
by striking out ‘‘a position described in subsection (c)’’ the second
place it appears.
SEC. 1104. RATE OF PAY OF DEPARTMENT OF DEFENSE OVERSEAS
TEACHERS UPON TRANSFER TO GENERAL SCHEDULE
POSITION.
(a) PREVENTION OF EXCESSIVE INCREASES.—Section 5334(d) of
title 5, United States Code, is amended by striking out ‘‘20 percent’’
and all that follows and inserting in lieu thereof ‘‘an amount deter-
mined under regulations which the Secretary of Defense shall pre-
scribe for the determination of the yearly rate of pay of the position.
The amount by which a rate of pay is increased under the regula-
tions may not exceed the amount equal to 20 percent of that
rate of pay.’’.
(b) EFFECTIVE DATE AND SAVINGS PROVISION.—(1) The amend-
ment made by subsection (a) shall take effect 180 days after the
date of the enactment of this Act.
(2) In the case of a person who is employed in a teaching
position referred to in section 5334(d) of title 5, United States
Code, on the day before the effective date under paragraph (1),
the rate of pay of that person determined under that section (as
in effect on that day) may not be reduced by reason of the amend-
ment made by subsection (a) for so long as the person continues
to serve in that position or another such position without a break
in service of more than three days on or after that day.
SEC. 1105. GARNISHMENT AND INVOLUNTARY ALLOTMENT.
Section 5520a of title 5, United States Code, is amended—
(1) in subsection (j), by striking out paragraph (2) and
inserting in lieu thereof the following new paragraph:
‘‘(2) Such regulations shall provide that an agency’s administra-
tive costs in executing a garnishment action may be added to
the garnishment, and that the agency may retain costs recovered
as offsetting collections.’’;
(2) in subsection (k)—
(A) by striking out paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3);
and
(3) by striking out subsection (l).
SEC. 1106. EXTENSION AND REVISION OF VOLUNTARY SEPARATION
INCENTIVE PAY AUTHORITY.
(a) REMITTANCE TO CSRS FUND.—Section 5597 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(h)(1)(A) In addition to any other payment that it is required
to make under subchapter III of chapter 83 or chapter 84, the
Department of Defense shall remit to the Office of Personnel
Management an amount equal to 15 percent of the final basic
pay of each covered employee.
H. R. 1119—296
‘‘(B) If the employee is one with respect to whom a remittance
would otherwise be required under section 4(a) of the Federal
Workforce Restructuring Act of 1994 based on the separation
involved, the remittance under this subsection shall be instead
of the remittance otherwise required under such section 4(a).
‘‘(2) Amounts remitted under paragraph (1) shall be deposited
in the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund.
‘‘(3) For the purposes of this subsection—
‘‘(A) the term ‘covered employee’ means an employee who
is subject to subchapter III of chapter 83 or chapter 84 and
to whom a voluntary separation incentive has been paid under
this section on the basis of a separation occurring on or after
October 1, 1997; and
‘‘(B) the term ‘final basic pay’ has the meaning given such
term in section 4(a)(2) of the Federal Workforce Restructuring
Act of 1994.’’.
(b) EXTENSION OF AUTHORITY.—(1) Subsection (e) of section
5597 of title 5, United States Code, is amended by striking out
‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘September
30, 2001’’.
(2) Section 4436(d)(2) of the Defense Conversion, Reinvestment,
and Transition Assistance Act of 1992 (5 U.S.C. 8348 note) is
amended by striking out ‘‘January 1, 2000’’ and inserting in lieu
thereof ‘‘January 1, 2002’’.
SEC. 1107. USE OF APPROVED FIRE-SAFE ACCOMMODATIONS BY
GOVERNMENT EMPLOYEES ON OFFICIAL BUSINESS.
(a) PERCENTAGE USE REQUIREMENT.—Section 5707a of title 5,
United States Code, is amended—
(1) by redesignating subsections (a) through (d) as sub-
sections (b) through (e), respectively; and
(2) by inserting after the section heading the following
new subsection:
‘‘(a)(1) For the purpose of making payments under this chapter
for lodging expenses incurred in a State, each agency shall ensure
that not less than 90 percent of the commercial-lodging room nights
for employees of that agency for a fiscal year are booked in approved
places of public accommodation.
‘‘(2) Each agency shall establish explicit procedures to satisfy
the percentage requirement of paragraph (1).
‘‘(3) An agency shall be considered to be in compliance with
the percentage requirement of paragraph (1) until September 30,
2002, and after that date if travel arrangements of the agency,
whether made for civilian employees, members of the uniformed
services, or foreign service personnel, are made through travel
management processes designed to book commercial lodging in
approved places of public accommodation, whenever available.’’.
(b) DEFINITIONS.—Such section is further amended by adding
at the end the following new subsection:
‘‘(f) For purposes of this section:
‘‘(1) The term ‘agency’ does not include the government
of the District of Columbia.
‘‘(2) The term ‘approved places of public accommodation’
means hotels, motels, and other places of public accommodation
that are listed by the Director of the Federal Emergency
Management Agency as meeting the requirements of the fire
H. R. 1119—297
prevention and control guidelines described in section 29 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2225).
‘‘(3) The term ‘State’ means any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, the Trust Territory
of the Pacific Islands, the Virgin Islands, Guam, American
Samoa, or any other territory or possession of the United
States.’’.
(c) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (b), as redesignated by subsection (a)(1)—
(A) by striking out ‘‘places of public accommodation
that meet the requirements of the fire prevention and
control guidelines described in section 29 of the Federal
Fire Prevention and Control Act of 1974’’ and inserting
in lieu thereof ‘‘approved places of public accommodation’’;
and
(B) by striking out ‘‘as defined in section 4 of the
Federal Fire Prevention and Control Act of 1974’’;
(2) in subsection (c), as redesignated by subsection (a)(1),
by striking out ‘‘does not meet the requirements of the fire
prevention and control guidelines described in section 29 of
the Federal Fire Prevention and Control Act of 1974’’ and
inserting in lieu thereof ‘‘is not an approved place of public
accommodation’’; and
(3) in subsection (e), as redesignated by subsection (a)(1)—
(A) by striking out ‘‘encourage’’ and inserting in lieu
thereof ‘‘facilitate the ability of ’’; and
(B) by striking out ‘‘places of public accommodation
that meet the requirements of the fire prevention and
control guidelines described in section 29 of the Federal
Fire Prevention and Control Act of 1974’’ and inserting
in lieu thereof ‘‘approved places of public accommodation’’.
(d) REPORT BY FEDERAL EMERGENCY MANAGEMENT AGENCY.—
Not later than six months after the date of the enactment of
this Act, the Director of the Federal Emergency Management
Agency shall submit to Congress a report describing the procedures
to be used to ensure that all approved places of public accommoda-
tion (within the meaning of section 5707a(f)(2) of title 5, United
States Code, as added by subsection (b)) appear on the national
master list maintained by the Director under section 28(b) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2224(b))
of all of the places of public accommodation affecting commerce
located in each State that meet the requirements of the fire preven-
tion and control guidelines described in section 29 of such Act
(15 U.S.C. 2225).
(e) REPORT ON IMPLEMENTATION.—Not later than one year after
the date of the enactment of this Act, the Administrator of General
Services shall submit to Congress a report describing the measures
that have been taken and will be taken by Federal agencies to
comply with the requirement that not less than 90 percent of
the commercial-lodging room nights for employees of each Federal
agency for a fiscal year are booked in approved places of public
accommodation, as specified in section 5707a(a) of title 5, United
States Code, as added by subsection (a). Measures to satisfy such
H. R. 1119—298
requirement may include the use of contract travel agents, auto-
mated booking systems, and data developed from travel payment
systems. The Administrator shall prepare the report in consultation
with the heads of the Federal agencies subject to such requirement.
SEC. 1108. NAVY HIGHER EDUCATION PILOT PROGRAM REGARDING
ADMINISTRATION 
OF 
BUSINESS 
RELATIONSHIPS
BETWEEN GOVERNMENT AND PRIVATE SECTOR.
(a) PILOT PROJECT AUTHORIZED.—During fiscal years 1998
through 2002, the Secretary of the Navy may establish and conduct
a pilot program of graduate-level higher education regarding the
administration of business relationships between the Government
and the private sector.
(b) PURPOSE.—The purpose of the pilot program is to make
available to employees of the Naval Undersea Warfare Center,
employees of the Naval Sea Systems Command, and employees
of the Acquisition Center for Excellence of the Navy (upon establish-
ment of such Acquisition Center), a curriculum of graduate-level
higher education leading to the award of a graduate degree designed
to prepare participants effectively to meet the challenges of admin-
istering Government contracting and other business relationships
between the United States and private sector businesses in the
context of constantly changing or newly emerging industries, tech-
nologies, governmental organizations, policies, and procedures
(including governmental organizations, policies, and procedures rec-
ommended in the National Performance Review).
(c) PARTNERSHIP WITH INSTITUTION OF HIGHER EDUCATION.—
(1) The Secretary of the Navy may enter into an agreement with
an institution of higher education to assist the Naval Undersea
Warfare Center with the development of the curriculum for the
pilot program, to offer courses and provide instruction and materials
to participants to the extent provided for in the agreement, to
provide such other assistance in support of the program as may
be provided for in the agreement, and to award a graduate degree
under the program.
(2) To be eligible to enter into an agreement under paragraph
(1), an institution of higher education must have an established
program of graduate-level education that is relevant to the purpose
of the pilot program.
(d) CURRICULUM.—The curriculum offered under the pilot
program shall—
(1) be designed specifically to achieve the purpose of the
pilot program; and
(2) include courses that are—
(A) typically offered under curricula leading to award
of the degree of Master of Business Administration by
institutions of higher education; and
(B) necessary for meeting educational qualification
requirements for certification as an acquisition program
manager.
(e) DISTANCE LEARNING OPTION.—The Secretary of the Navy
may include as part of the pilot program policies and procedures
for offering distance learning instruction by means of telecommuni-
cations, correspondence, or other methods for off-site receipt of
instruction.
H. R. 1119—299
(f) REPORT.—Not later than 90 days after the termination of
the pilot program, the Secretary of the Navy shall submit to Con-
gress a report containing—
(1) an assessment by the Secretary of the value of the
program for meeting the purpose of the program and the desir-
ability of permanently establishing a similar program for other
employees of the Department of Defense; and
(2) such other information and recommendations regarding
the program as the Secretary considers appropriate.
(g) LIMITATION ON FUNDING SOURCE.—Any funds required for
the pilot program for a fiscal year shall be derived only from
the appropriation ‘‘Operation and Maintenance, Navy’’ for that fiscal
year.
SEC. 1109. AUTHORITY FOR MARINE CORPS UNIVERSITY TO EMPLOY
CIVILIAN FACULTY MEMBERS.
(a) EXPANDED AUTHORITY.—Subsections (a) and (c) of section
7478 of title 10, United States Code, are amended by striking
out ‘‘at the Marine Corps Command and Staff College’’ and inserting
in lieu thereof ‘‘of the Marine Corps University’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 7478. Naval War College and Marine Corps University:
civilian faculty members’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 643 of such title is amended to read
as follows:
‘‘7478. Naval War College and Marine Corps University: civilian faculty members.’’.
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. Withdrawal of United States ground forces from Republic of Bosnia and
Herzegovina.
Sec. 1204. Secretary of Defense reports on tasks carried out by United States forces.
Sec. 1205. Presidential report on situation in Republic of Bosnia and Herzegovina.
Sec. 1206. Definitions.
Subtitle B—Export Controls on High Performance Computers
Sec. 1211. Export approvals for high performance computers.
Sec. 1212. Report on exports of high performance computers.
Sec. 1213. Post-shipment verification of export of high performance computers.
Sec. 1214. GAO study on certain computers; end user information assistance.
Sec. 1215. Congressional committees.
Subtitle C—Other Matters
Sec. 1221. Defense burdensharing.
Sec. 1222. Temporary use of general purpose vehicles and nonlethal military equip-
ment under acquisition and cross servicing agreements.
Sec. 1223. Sense of Congress and reports regarding financial costs of enlargement
of the North Atlantic Treaty Organization.
Sec. 1224. Sense of Congress regarding enlargement of the North Atlantic Treaty
Organization.
Sec. 1225. Sense of the Congress relating to level of United States military person-
nel in the East Asia and Pacific region.
Sec. 1226. Report on future military capabilities and strategy of the People’s
Republic of China.
H. R. 1119—300
Sec. 1227. Sense of Congress on need for Russian openness on the Yamantau Moun-
tain project.
Sec. 1228. Assessment of the Cuban threat to United States national security.
Sec. 1229. Report on Helsinki Joint Statement.
Sec. 1230. Commendation of Mexico on free and fair elections.
Sec. 1231. Sense of Congress regarding Cambodia.
Sec. 1232. Congratulating Governor Christopher Patten of Hong Kong.
Subtitle A—United States Armed Forces in
Bosnia and Herzegovina
SEC. 1201. FINDINGS.
The Congress finds the following:
(1) United States Armed Forces were deployed to the
Republic of Bosnia and Herzegovina as part of the North Atlan-
tic Treaty Organization (NATO) Implementation Force (IFOR)
to implement the military aspects of the Dayton Peace Agree-
ment.
(2) The military aspects of the Dayton Peace Agreement
have been successfully implemented to date with the military
forces of the warring factions successfully separated and a
cessation in the hostilities that resulted in the deaths of hun-
dreds of thousands of Bosnians.
(3) Implementation of the civil aspects of the Dayton Peace
Agreement has lagged far behind the schedule for such
implementation envisioned in the Agreement with the result
that United States Armed Forces have undertaken a prolonged
engagement in the Republic of Bosnia and Herzegovina.
(4) On December 13, 1995, the President stated in a letter
to Congress, ‘‘NATO and U.S. military commanders believe,
and I expect, that the military mission can be accomplished
in about a year. Twelve months will allow IFOR time to com-
plete the military tasks assigned in the Dayton agreement
and to establish a secure environment, in which political and
economic reconstruction efforts by the parties and international
civilian agencies can take hold. Within one year, we expect
that the military provisions of the Dayton agreement will have
been carried out, implementation of the civilian aspects and
economic reconstruction will have been firmly launched, free
elections will have been held under international supervision
and a stable military balance will have been established.’’
(5) Notwithstanding a number of assurances relating to
the accomplishment of the military mission in the Republic
of Bosnia and Herzegovina by December 1996, the President,
on November 15, 1996, announced his decision to extend the
presence of United States forces in the Republic of Bosnia
and Herzegovina to participate in the NATO Stabilization Force
(SFOR) until June 1998.
(6) Despite initial projections by the Department of Defense
that the costs of United States operations in the Republic
of Bosnia and Herzegovina would total $1,500,000,000, the
projected cost of United States operations in the Republic of
Bosnia and Herzegovina through June 1998 is estimated to
exceed $7,000,000,000.
(7) The fiscal year 1998 estimate of the Department of
Defense for operations in the Republic of Bosnia and
H. R. 1119—301
Herzegovina assumes that the level of military forces participat-
ing in SFOR will be reduced soon after the start of the fiscal
year.
(8) The President and the Secretary of Defense have stated
that United States forces are to be withdrawn from the Republic
of Bosnia and Herzegovina by the end of June 1998.
SEC. 1202. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) United States ground combat forces should not partici-
pate in a follow-on force in the Republic of Bosnia and
Herzegovina after June 1998;
(2) the European Security and Defense Identity, which,
as facilitated by the Combined Joint Task Forces concept,
enables the Western European Union, with the consent of the
North Atlantic Alliance, to assume political control and strate-
gic direction of NATO assets made available for the Alliance,
may be an ideal instrument for a follow-on force for the Republic
of Bosnia and Herzegovina;
(3) a NATO-led force without the participation of United
States ground combat forces in the Republic of Bosnia and
Herzegovina may be suitable for a follow-on force for the Repub-
lic of Bosnia and Herzegovina if the European Security and
Defense Identity is not sufficiently developed or is otherwise
considered inappropriate for such a mission;
(4) the United States may decide to provide appropriate
support to a Western European Union-led or NATO-led follow-
on force, including command and control, intelligence, logistics,
and, if necessary, a ready reserve force in the region;
(5) the President should inform our European NATO allies
of this expression of the sense of Congress and should urge
them strongly to undertake preparations for a Western Euro-
pean Union-led or NATO-led force as a follow-on force to the
NATO-led SFOR if needed to maintain peace and stability
in the Republic of Bosnia and Herzegovina; and
(6) the President should consult with the Congress with
respect to any support to be provided to a Western European
Union-led or NATO-led follow-on force in the Republic of Bosnia
and Herzegovina after June 30, 1998.
SEC. 1203. WITHDRAWAL OF UNITED STATES GROUND FORCES FROM
REPUBLIC OF BOSNIA AND HERZEGOVINA .
(a) LIMITATION.—No funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1998 or
any subsequent fiscal year may be used for the deployment of
any United States ground combat forces in the Republic of Bosnia
and Herzegovina after June 30, 1998, unless the President, not
later than May 15, 1998, and after consultation with the bipartisan
leadership of the two Houses of Congress, transmits to Congress
a certification—
(1) that the continued presence of United States ground
combat forces, after June 30, 1998, in the Republic of Bosnia
and Herzegovina is required in order to meet the national
security interests of the United States; and
(2) that after June 30, 1998, it will remain United States
policy that United States ground forces will not serve as, or
be used as, civil police in the Republic of Bosnia and
Herzegovina.
H. R. 1119—302
(b) REPORT.—The President shall submit with the certification
under subsection (a) a report that includes the following:
(1) The reasons why that presence is in the national secu-
rity interest of the United States.
(2) The number of United States military personnel to
be deployed in and around the Republic of Bosnia and
Herzegovina and other areas of the former Yugoslavia after
that date.
(3) The expected duration of any such deployment.
(4) The mission and objectives of the United States Armed
Forces to be deployed in and around the Republic of Bosnia
and Herzegovina and other areas of the former Yugoslavia
after June 30, 1998.
(5) The exit strategy of such forces.
(6) The incremental costs associated with any such deploy-
ment.
(7) The effect of such deployment on the morale, retention,
and effectiveness of United States armed forces.
(8) A description of the forces from other nations involved
in a follow-on mission, shown on a nation-by-nation basis.
(9) A description of the command and control arrangement
established for United States forces involved in a follow-on
mission.
(10) An assessment of the expected threats to United States
forces involved in a follow-on mission.
(11) The plan for rotating units and personnel to and
from the Republic of Bosnia and Herzegovina during a follow-
on mission, including the level of participation by reserve
component units and personnel.
(12) The mission statement and operational goals of the
United States forces involved in a follow-on mission.
(c) REQUEST FOR SUPPLEMENTAL APPROPRIATIONS.—The Presi-
dent shall transmit to Congress with a certification under subsection
(a) a supplemental appropriations request for the Department of
Defense for such amounts as are necessary for the costs of any
continued deployment beyond June 30, 1998.
(d) CONSTRUCTION WITH PRESIDENT’S CONSTITUTIONAL AUTHOR-
ITY.—Nothing in this section shall be deemed to restrict the author-
ity of the President under the Constitution to protect the lives
of United States citizens.
(e) CONSTRUCTION
WITH
APPROPRIATIONS
PROVISION.—The
provisions of this section are enacted, and shall be applied, as
supplemental to (and not in lieu of) the provisions of section 8132
of the Department of Defense Appropriations Act, 1998 (Public
Law 105–56).
SEC. 1204. SECRETARY OF DEFENSE REPORTS ON TASKS CARRIED
OUT BY UNITED STATES FORCES.
(a) REQUIREMENT FOR TWO REPORTS.—The Secretary of Defense
shall submit to the congressional defense committees—
(1) not later than December 15, 1997, a report identifying
each activity being carried out, as of December 1, 1997, by
covered United States forces in the Republic of Bosnia and
Herzegovina; and
(2) not later than April 15, 1998, a report identifying each
activity being carried out, as of April 1, 1998, by covered
United States forces in the Republic of Bosnia and Herzegovina.