H. R. 3616—201
1971) as one of the two obsolete tugboats authorized to be trans-
ferred by the Secretary under that section.
Subtitle C—Counter-Drug Activities and
Other Assistance for Civilian Law En-
forcement
SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT TO OTHER AGENCIES
FOR COUNTER-DRUG ACTIVITIES.
(a) CONTINUATION
OF AUTHORITY.—Subsection (a) of section
1004 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510; 10 U.S.C. 374 note) is amended by
striking out ‘‘through 1999’’ and inserting in lieu thereof ‘‘through
2002’’.
(b) BASES AND FACILITIES SUPPORT.—Subsection (b)(4) of such
section is amended—
(1) by striking out ‘‘unspecified minor construction’’ and
inserting in lieu thereof ‘‘an unspecified minor military
construction project’’;
(2) by inserting ‘‘of the Department of Defense or any
Federal, State, or local law enforcement agency’’ after ‘‘counter-
drug activities’’; and
(3) by inserting before the period at the end the following:
‘‘or counter-drug activities of a foreign law enforcement agency
outside the United States’’.
(c) CONGRESSIONAL NOTIFICATION OF FACILITIES PROJECTS.—
Such section is further amended by adding at the end the following
new subsection:
‘‘(h) CONGRESSIONAL NOTIFICATION OF FACILITIES PROJECTS.—
(1) When a decision is made to carry out a military construction
project described in paragraph (2), the Secretary of Defense shall
submit to the congressional defense committees written notice of
the decision, including the justification for the project and the
estimated cost of the project. The project may be commenced only
after the end of the 21-day period beginning on the date on which
the written notice is received by Congress.
‘‘(2) Paragraph (1) applies to an unspecified minor military
construction project that—
‘‘(A) is intended for the modification or repair of a Depart-
ment of Defense facility for the purpose set forth in subsection
(b)(4); and
‘‘(B) has an estimated cost of more than $500,000.’’.
SEC. 1022. DEPARTMENT OF DEFENSE SUPPORT OF NATIONAL GUARD
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
(a) PROCUREMENT OF EQUIPMENT.—Subsection (a)(3) of section
112 of title 32, United States Code, is amended—
(1) by striking out ‘‘and leasing of equipment’’ and inserting
in lieu thereof ‘‘and equipment, and the leasing of equipment,’’;
and
(2) by adding at the end the following new sentence: ‘‘How-
ever, the use of such funds for the procurement of equipment
may not exceed $5,000 per purchase order, unless approval
for procurement of equipment in excess of that amount is
granted in advance by the Secretary of Defense.’’.
H. R. 3616—202
(b) TRAINING AND READINESS.—Subsection (b)(2) of such section
is amended to read as follows:
‘‘(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph
(1) shall participate in the training required under section 502(a)
of this title in addition to the duty performed for the purpose
authorized under that paragraph. The pay, allowances, and other
benefits of the member while participating in the training shall
be the same as those to which the member is entitled while perform-
ing duty for the purpose of carrying out drug interdiction and
counter-drug activities. The member is not entitled to additional
pay, allowances, or other benefits for participation in training
required under section 502(a)(1) of this title.
‘‘(B) Appropriations available for the Department of Defense
for drug interdiction and counter-drug activities may be used for
paying costs associated with a member’s participation in training
described in subparagraph (A). The appropriation shall be
reimbursed in full, out of appropriations available for paying those
costs, for the amounts paid. Appropriations available for paying
those costs shall be available for making the reimbursements.
‘‘(C) To ensure that the use of units and personnel of the
National Guard of a State pursuant to a State drug interdiction
and counter-drug activities plan does not degrade the training and
readiness of such units and personnel, the following requirements
shall apply in determining the drug interdiction and counter-drug
activities that units and personnel of the National Guard of a
State may perform:
‘‘(i) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
‘‘(ii) National Guard personnel will not degrade their mili-
tary skills as a result of performing the activities.
‘‘(iii) The performance of the activities will not result in
a significant increase in the cost of training.
‘‘(iv) In the case of drug interdiction and counter-drug
activities performed by a unit organized to serve as a unit,
the activities will support valid unit training requirements.’’.
(c) ASSISTANCE TO YOUTH AND CHARITABLE ORGANIZATIONS.—
Subsection (b)(3) of such section is amended to read as follows:
‘‘(3) A unit or member of the National Guard of a State may
be used, pursuant to a State drug interdiction and counter-drug
activities plan approved by the Secretary of Defense under this
section, to provide services or other assistance (other than air
transportation) to an organization eligible to receive services under
section 508 of this title if—
‘‘(A) the State drug interdiction and counter-drug activities
plan specifically recognizes the organization as being eligible
to receive the services or assistance;
‘‘(B) in the case of services, the performance of the services
meets the requirements of paragraphs (1) and (2) of subsection
(a) of section 508 of this title; and
‘‘(C) the services or assistance is authorized under sub-
section (b) or (c) of such section or in the State drug interdiction
and counter-drug activities plan.’’.
H. R. 3616—203
(d) DEFINITION
OF DRUG INTERDICTION
AND COUNTER-DRUG
ACTIVITIES.—Subsection (i)(1) of such section is amended by insert-
ing after ‘‘drug interdiction and counter-drug law enforcement
activities’’ the following: ‘‘, including drug demand reduction activi-
ties,’’.
(e) CONFORMING AMENDMENTS.—Subsection (a) of such section
is further amended—
(1) by striking out ‘‘for—’’ and inserting in lieu thereof
‘‘for the following:’’;
(2) by striking out ‘‘the’’ at the beginning of paragraphs
(1), (2), and (3) and inserting in lieu thereof ‘‘The’’;
(3) in paragraph (1), by striking out the semicolon at the
end and inserting in lieu thereof a period; and
(4) in paragraph (2), by striking out ‘‘; and’’ and inserting
in lieu thereof a period.
SEC. 1023. DEPARTMENT OF DEFENSE COUNTER-DRUG ACTIVITIES IN
TRANSIT ZONE.
(a) SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTER-
DICTION AND COUNTER-DRUG ACTIVITIES.—It is the sense of Con-
gress that the Secretary of Defense should—
(1) ensure that the international drug interdiction and
counter-drug activities of the Department of Defense are
accorded adequate resources within the budget allocation of
the Department to execute the drug interdiction and counter-
drug mission under the Global Military Force Policy of the
Department; and
(2) make such changes to that policy as the Secretary
considers necessary.
(b) SUPPORT FOR COUNTER-DRUG OPERATION CAPER FOCUS.—
(1) During fiscal year 1999, the Secretary of Defense shall make
available, to the maximum extent practicable, such surface vessels,
maritime patrol aircraft, and personnel of the Navy as may be
necessary to conduct the final phase of the counter-drug operation
known as Caper Focus, which targets the maritime movement of
cocaine on vessels in the eastern Pacific Ocean.
(2) Of the amount authorized to be appropriated pursuant
to section 301(20) for drug interdiction and counter-drug activities,
$10,500,000 shall be available for the purpose of conducting the
counter-drug operation known as Caper Focus.
(c) PATROL COASTAL CRAFT FOR DRUG INTERDICTION BY SOUTH-
ERN COMMAND.—Of the amount authorized to be appropriated
pursuant to section 301(20) for drug interdiction and counter-drug
activities, $14,500,000 shall be available for the purpose of equip-
ping and operating six of the Cyclone-class coastal defense ships
of the Department of Defense in the Caribbean Sea and eastern
Pacific Ocean in support of the drug interdiction efforts of the
United States Southern Command.
(d) 
RESULTING
AVAILABILITY
OF
FUNDS
FOR
COUNTERPROLIFERATION AND COUNTERTERRORISM ACTIVITIES.—(1)
In light of subsection (c), of the amount authorized to be appro-
priated pursuant to section 301(5) for the Special Operations Com-
mand, $4,500,000 shall be available for the purpose of increased
training and related operations in support of the activities of the
Special Operations Command regarding counterproliferation of
weapons of mass destruction and counterterrorism.
H. R. 3616—204
(2) The amount made available under this subsection is in
addition to other funds authorized to be appropriated under section
301(5) for the Special Operations Command for such purpose.
Subtitle D—Miscellaneous Report
Requirements and Repeals
SEC. 1031. REPEAL OF UNNECESSARY AND OBSOLETE REPORTING
PROVISIONS.
(a) HEALTH
AND MEDICAL CARE STUDIES
AND DEMONSTRA-
TIONS.—Section 1092(a) of title 10, United States Code, is amended
by striking out paragraph (3).
(b) EXECUTED REQUIREMENT FOR BIANNUAL REPORTS ON ALTER-
NATIVE UTILIZATION OF MILITARY FACILITIES.—Section 2819 of the
National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C.
2391 note), relating to the Commission on Alternative Utilization
of Military Facilities, is repealed.
SEC. 1032. REPORT REGARDING USE OF TAGGING SYSTEM TO IDEN-
TIFY HYDROCARBON FUELS USED BY DEPARTMENT OF
DEFENSE.
(a) REPORT REQUIRED.—Not later than March 30, 1999, the
Secretary of Defense shall submit to Congress a report evaluating
the following:
(1) The feasibility of tagging hydrocarbon fuels used by
the Department of Defense for the purposes of analyzing and
identifying such fuels.
(2) The deterrent effect of such tagging on the theft and
misuse of fuels purchased by the Department.
(3) The extent to which such tagging would assist in deter-
mining the source of surface and underground pollution in
locations having separate fuel storage facilities of the Depart-
ment and of civilian companies.
(b) SYSTEM ELEMENTS.—In preparing the report, the Secretary
shall ensure that any tagging system for the Department of Defense
considered by the Secretary satisfies the following requirements:
(1) The tagging system would not harm the environment.
(2) Each chemical that would be used in the tagging system
is—
(A) approved for use under the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.); and
(B) substantially similar to the fuel to which added,
as determined in accordance with criteria established by
the Environmental Protection Agency for the introduction
of additives into hydrocarbon fuels.
(3) The tagging system would permit a determination if
a tag is present and a determination if the concentration of
a tag has changed in order to facilitate identification of tagged
fuels and detection of dilution of tagged fuels.
(4) The tagging system would not impair or degrade the
suitability of tagged fuels for their intended use.
(c) RECOMMENDATIONS.—The report shall include any rec-
ommendations for legislation relating to the tagging of hydrocarbon
fuels by the Department of Defense that the Secretary considers
appropriate.
H. R. 3616—205
Subtitle E—Armed Forces Retirement
Home
SEC. 1041. APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR OF
THE NAVAL HOME.
(a) APPOINTMENT AND QUALIFICATIONS OF DIRECTOR AND DEP-
UTY DIRECTOR.—Subsection (a) of section 1517 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 417) is amended—
(1) in paragraph (2)—
(A) by striking out ‘‘Each Director’’ and inserting in
lieu thereof ‘‘The Director of the United States Soldiers’
and Airmen’s Home’’; and
(B) by striking out subparagraph (B) and inserting
in lieu thereof the following:
‘‘(B) meet the requirements of paragraph (4).’’;
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2) the following new para-
graphs (3) and (4):
‘‘(3) The Director, and any Deputy Director, of the Naval Home
shall be appointed by the Secretary of Defense from among persons
recommended by the Secretaries of the military departments who—
‘‘(A) in the case of the position of Director, are commis-
sioned officers of the Armed Forces serving on active duty
in a pay grade above O–5;
‘‘(B) in the case of the position of Deputy Director, are
commissioned officers of the Armed Forces serving on active
duty in a pay grade above O–4; and
‘‘(C) meet the requirements of paragraph (4).
‘‘(4) Each Director shall have appropriate leadership and
management skills, an appreciation and understanding of the cul-
ture and norms associated with military service, and significant
military background.’’.
(b) TERM
OF DIRECTOR
AND DEPUTY DIRECTOR.—Subsection
(c) of such section is amended—
(1) by striking out ‘‘(c) TERM OF DIRECTOR.—’’ and all that fol-
lows through ‘‘A Director’’ in the second sentence and inserting
in lieu thereof ‘‘(c) TERMS
OF DIRECTORS.—(1) The term of
office of the Director of the United States Soldiers’ and Airmen’s
Home shall be five years. The Director’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Director and the Deputy Director of the Naval Home
shall serve at the pleasure of the Secretary of Defense.’’.
(c) DEFINITIONS.—Such section is further amended by adding
at the end the following new subsection:
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘United States Soldiers’ and Airmen’s Home’
means the separate facility of the Retirement Home that is
known as the United States Soldiers’ and Airmen’s Home.
‘‘(2) The term ‘Naval Home’ means the separate facility
of the Retirement Home that is known as the Naval Home.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1998.
H. R. 3616—206
SEC. 1042. REVISION OF INSPECTION REQUIREMENTS RELATING TO
ARMED FORCES RETIREMENT HOME.
(a) INSPECTION
BY INSPECTORS GENERAL
OF
THE MILITARY
DEPARTMENTS.—Section 1518 of the Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 418) is amended to read as follows:
‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME.
‘‘(a) TRIENNIAL INSPECTION.—Every three years the Inspector
General of a military department shall inspect the Retirement
Home, including the records of the Retirement Home.
‘‘(b) ALTERNATING DUTY AMONG INSPECTORS GENERAL.—The
duty to inspect the Retirement Home shall alternate among the
Inspector General of the Army, the Naval Inspector General, and
the Inspector General of the Air Force on such schedule as the
Secretary of Defense shall direct.
‘‘(c) REPORTS.—Not later than 45 days after completing an
inspection under subsection (a), the Inspector General carrying
out the inspection shall submit to the Retirement Home Board,
the Secretary of Defense, and Congress a report describing the
results of the inspection and containing such recommendations as
the Inspector General considers appropriate.’’.
(b) FIRST INSPECTION.—The first inspection under section 1518
of the Armed Forces Retirement Home Act of 1991, as amended
by subsection (a), shall be carried out during fiscal year 1999.
SEC. 1043. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, ARMED
FORCES RETIREMENT HOME.
Section 1053 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2650) is amended—
(1) in subsection (a), by striking out ‘‘may convey, by sale
or otherwise,’’ and inserting in lieu thereof ‘‘shall convey by
sale’’; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection (b):
‘‘(b) MANNER, TERMS AND CONDITIONS OF DISPOSAL.—(1) The
sale under subsection (a) shall be made to a neighboring nonprofit
organization from whose extensive educational and charitable serv-
ices the public benefits and has benefited from for more than
100 years, or an entity or entities related to such organization,
and whose substantial investment in the neighborhood is consistent
with the continued existence and purpose of the Armed Forces
Retirement Home.
‘‘(2) As consideration for the real property conveyance under
subsection (a), the purchaser selected under paragraph (1) shall
pay to the United States an amount equal to the fair market
value of the real property at its highest and best economic use,
as determined by the Armed Forces Retirement Home Board, based
on an independent appraisal.’’.
Subtitle F—Matters Relating to Defense
Property
SEC. 1051. PLAN FOR IMPROVED DEMILITARIZATION OF EXCESS AND
SURPLUS DEFENSE PROPERTY.
(a) PLAN REQUIRED.—Not later than March 1, 1999, the Sec-
retary of Defense shall submit to Congress a plan to address the
H. R. 3616—207
problems with the sale or other disposal of excess and surplus
defense materials identified in the report submitted to Congress
by the Secretary of Defense on June 5, 1998, pursuant to section
1067 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 1896). The plan shall provide
for the following:
(1) Implementation for all appropriate Department person-
nel of the mandatory demilitarization training specified in
Department of Defense revised manual 4160.21–M–1.
(2) Improvement of oversight of the performance of demili-
tarization functions and the maintenance of demilitarization
codes throughout the life cycle of defense materials.
(3) Assignment of accurate demilitarization codes and the
issuance of accurate demilitarization execution instructions dur-
ing the system planning phases of the acquisition process.
(4) Implementation of such recommendations of the Defense
Science Board task force appointed by the Under Secretary
of Defense for Acquisition and Technology to consider the con-
trol of military excess and surplus property as the Secretary
of Defense considers to be appropriate.
(b) DEMILITARIZATION
TRAINING.—In connection with the
demilitarization training that is required to be addressed in the
plan, the Secretary shall indicate the time frame for full
implementation of such training and the number of Department
of Defense personnel to be trained.
(c) CENTRALIZED DEMILITARIZATION FUNCTIONS.—In connection
with the matters specified in paragraphs (2) and (3) of subsection
(a) that are required to be addressed in the plan, the Secretary
shall consider options for the centralization of demilitarization func-
tions and responsibilities in a single office or agency. The Secretary
shall specify in the plan the responsible office or agency, and
indicate the time frame for centralizing demilitarization functions
and responsibilities, unless the Secretary determines that it is
not practical or appropriate to centralize demilitarization functions
and responsibilities, in which case the Secretary shall provide the
reasons for the determination.
(d) DRAFT LEGISLATION.—The Secretary shall include in the
plan any draft legislation that the Secretary considers appropriate
to clarify the authority of the Government to recover critical and
sensitive defense property that has been inadequately demilitarized.
(e) RELATED REPORTS.—(1) The Secretary shall submit with
the plan—
(A) a copy of recommendations of the Defense Science Board
task force referred to in subsection (a)(4); and
(B) a copy of the report prepared by an independent con-
tractor in accordance with the Secretary’s report referred to
in subsection (a), at the request of the Defense Logistics Agency,
to address options for centralizing demilitarization responsibil-
ities, including a central demilitarization office and a central
system for coding and maintaining demilitarization codes
through the life cycle of the property involved.
(2) With respect to the report of the independent contractor
described in paragraph (1)(B), the Secretary shall provide an evalua-
tion of the recommendations contained in the report and any plans
by the Secretary for implementing the recommendations.
H. R. 3616—208
SEC. 1052. TRANSFER OF F–4 PHANTOM II AIRCRAFT TO FOUNDATION.
(a) AUTHORITY.—The Secretary of the Air Force may convey,
without consideration, to the Collings Foundation, Stow, Massachu-
setts (in this section referred to as the ‘‘foundation’’), all right,
title, and interest of the United States in and to one surplus
F–4 Phantom II aircraft. The conveyance shall be made by means
of a conditional deed of gift.
(b) CONDITION OF AIRCRAFT.—The Secretary may not convey
ownership of the aircraft under subsection (a) until the Secretary
determines that the foundation has altered the aircraft in such
manner as the Secretary determines necessary to ensure that the
aircraft does not have any capability for use as a platform for
launching or releasing munitions or any other combat capability
that it was designed to have. The Secretary is not required to
repair or alter the condition of the aircraft before conveying owner-
ship of the aircraft.
(c) REVERTER UPON BREACH OF CONDITIONS.—The Secretary
shall include in the instrument of conveyance of the aircraft—
(1) a condition that the foundation not convey any owner-
ship interest in, or transfer possession of, the aircraft to any
other party without the prior approval of the Secretary;
(2) a condition that the foundation operate and maintain
the aircraft in compliance with all applicable limitations and
maintenance requirements imposed by the Administrator of
the Federal Aviation Administration; and
(3) a condition that if the Secretary determines at any
time that the foundation has conveyed an ownership interest
in, or transferred possession of, the aircraft to any other party
without the prior approval of the Secretary, or has failed to
comply with the condition set forth in paragraph (2), all right,
title, and interest in and to the aircraft, including any repair
or alteration of the aircraft, shall revert to the United States,
and the United States shall have the right of immediate posses-
sion of the aircraft.
(d) CONVEYANCE AT NO COST TO THE UNITED STATES.—The
conveyance of an aircraft authorized by this section shall be made
at no cost to the United States. Any costs associated with such
conveyance, costs of determining compliance with subsection (b),
and costs of operation and maintenance of the aircraft conveyed
shall be borne by the foundation.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States.
(f ) CLARIFICATION OF LIABILITY.—Notwithstanding any other
provision of law, upon the conveyance of ownership of the F–
4 Phantom II aircraft to the foundation under subsection (a), the
United States shall not be liable for any death, injury, loss, or
damage that results from any use of that aircraft by any person
other than the United States.
H. R. 3616—209
Subtitle G—Other Department of Defense
Matters
SEC. 1061. PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT
OF LEGAL PROCESS FOR GARNISHMENT OF FEDERAL
PAY FOR CHILD SUPPORT AND ALIMONY.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall con-
duct a pilot program on alternative notice procedures for withhold-
ing or garnishment of pay for the payment of child support and
alimony under section 459 of the Social Security Act (42 U.S.C.
659).
(b) PURPOSE.—The purpose of the pilot program is to test the
efficacy of providing notice in accordance with subsection (c) to
the person whose pay is to be withheld or garnished.
(c) AUTHORIZATION OF ALTERNATIVE TO PROVIDING COPY OF
NOTICE OR SERVICE RECEIVED BY THE SECRETARY.—(1) Under the
pilot program, whenever the Secretary of Defense (acting through
the DOD section 459 agent) provides a section 459 notice to an
individual, the Secretary may include as part of that notice the
information specified in subsection (e) in lieu of sending with that
notice a copy (otherwise required pursuant to the parenthetical
phrase in section 459(c)(2)(A) of the Social Security Act) of the
notice or service received by the DOD section 459 agent with
respect to that individual’s child support or alimony payment obliga-
tions.
(2) Under the pilot program, whenever the Secretary of Defense
(acting through the DOD section 5520a agent) provides a section
5520a notice to an individual, the Secretary may include as part
of that notice the information specified in subsection (e) in lieu
of sending with that notice a copy (otherwise required pursuant
to the second parenthetical phrase in section 5520a(c) of title 5,
United States Code) of the legal process received by the DOD
section 5520a agent with respect to that individual.
(d) DEFINITIONS.—For purposes of this section:
(1) DOD SECTION 459 AGENT.—The term ‘‘DOD section 459
agent’’ means the agent or agents designated by the Secretary
of Defense under subsection (c)(1)(A) of section 459 of the
Social Security Act (42 U.S.C. 659) to receive orders and accept
service of process in matters related to child support or alimony.
(2) SECTION 459 NOTICE.—The term ‘‘section 459 notice’’
means, with respect to the Department of Defense, the notice
required by subsection (c)(2)(A) of section 459 of the Social
Security Act (42 U.S.C. 659) to be sent to an individual in
writing upon the receipt by the DOD section 459 agent of
notice or service with respect to the individual’s child support
or alimony payment obligations.
(3) DOD SECTION 5520A AGENT.—The term ‘‘DOD section
5520a agent’’ means a person who is designated by law or
regulation to accept service of process to which the Department
of Defense is subject under section 5520a of title 5, United
States Code (including the regulations promulgated under sub-
section (k) of that section).
(4) SECTION 5520A NOTICE.—The term ‘‘section 5520a notice’’
means, with respect to the Department of Defense, the notice
required by subsection (c) of section 5520a of title 5, United
States Code, to be sent in writing to an employee (or, pursuant