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shall be made available only for the Digital Intelligence Sit-
uation Mapboard (DISM).
SEC. 8129. Of the funds available for the Navy for re-
search, development, test, and evaluation under title IV,
$5,000,000 shall be available for the Shortstop Electronic
Protection System.
SEC. 8130. (a) Subsection (a)(3) of section 112 of title
32, United States Code, is amended by striking out ‘‘and
leasing of equipment’’ and inserting in lieu thereof ‘‘and
equipment, and the leasing of equipment,’’.
(b) 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 re-
quired under section 502(a) of this title in addition to the
duty performed for the purpose authorized under that para-
graph. The pay, allowances, and other benefits of the mem-
ber while participating in the training shall be the same
as those to which the member is entitled while performing
duty for the purpose of carrying out drug interdiction and
counter-drug activities.
‘‘(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
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participation in training described in subparagraph (A).
The appropriation shall be reimbursed in full, out of appro-
priations available for paying those costs, for the amounts
paid. Appropriations available for paying those costs shall
be available for making the reimbursements.’’.
(c) Subsection (b)(3) of such section is amended to read
as follows:
‘‘(2) 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 organiza-
tion eligible to receive services under section 508 of this title
if—
‘‘(A) the State drug interdiction and counter-
drug activities plan specifically recognizes the organi-
zation as being eligible to receive the services or as-
sistance;
‘‘(B) in the case of services, the provision 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 subsection (b) or (c) of such section or in the
State drug interdiction and counter-drug activities
plan.’’.
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(d) Subsection (i)(1) of such section is amended by in-
serting after ‘‘drug interdiction and counter-drug law en-
forcement activities’’ the following: ‘‘, including drug de-
mand reduction activities,’’.
SEC. 8131. Of the amounts appropriated by title IV
of this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, ARMY’’, $3,000,000 shall be avail-
able for advanced research relating to solid state dye lasers.
SEC. 8132. (a) The Secretary of the Air Force may
enter into an agreement to lease from the City of Phoenix,
Arizona, the parcel of real property described in subsection
(b), together with improvements on the property, in consid-
eration of annual rent not in excess of one dollar.
(b) The real property referred to in subsection (a) is
a parcel, known as Auxiliary Field 3, that is located ap-
proximately 12 miles north of Luke Air Force Base, Ari-
zona, in section 4 of township 3 north, range 1 west of the
Gila and Salt River Base and Meridian, Maricopa County,
Arizona, is bounded on the north by Bell Road, on the east
by Litchfield Road, on the south by Greenway Road, and
on the west by agricultural land, and is composed of ap-
proximately 638 acres, more or less, the same property that
was formerly an Air Force training and emergency field
developed during World War II.
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(c) The Secretary may require such additional terms
and conditions in connection with the lease under sub-
section (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 8133. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, ARMY’’, up to $1,300,000 may be made
available only to integrate and evaluate enhanced, active
and passive, passenger safety system for heavy tactical
trucks.
SEC. 8134. Effective on June 30, 1999, section 8106(a)
of the Department of Defense Appropriations Act, 1997 (ti-
tles I through VIII of the matter under section 101(b) of
Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113
note), is amended—
(1) by striking out ‘‘not later than June 30,
1997,’’, and inserting in lieu thereof ‘‘not later than
June 30, 1999,’’; and
(2) by striking out ‘‘$1,000,000’’ and inserting
in lieu thereof ‘‘$500,000’’.
SEC. 8135. Of the total amount appropriated under
title IV for research, development, test and evaluation, De-
fense-wide, for basic research, $29,646,000 is available for
research and development relating to Persian Gulf illnesses.
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SEC. 8136. Within the amounts appropriated under
title IV of this Act under the heading ‘‘RESEARCH, DEVEL-
OPMENT, TEST AND EVALUATION, NAVY’’, the amount avail-
able for Hard and Deeply Buried Target Defeat System is
hereby reduced by $9,827,000, and the amount available for
Consolidated Training Systems Development is hereby in-
creased by $9,827,000.
SEC. 8137. (a) Not later than six months after the date
of enactment of this Act, the Comptroller General shall sub-
mit to Congress a report containing a comprehensive assess-
ment of the TRICARE program.
(b) The assessment under subsection (a) shall include
the following:
(1) A comparison of the health care benefits
available under the health care options of the
TRICARE program known as TRICARE Standard,
TRICARE Prime, and TRICARE Extra with the
health care benefits available under the health care
plan of the Federal Employees Health Benefits pro-
gram most similar to each such option that has the
most subscribers as of the date of enactment of this
Act, including—
(A) the types of health care services offered
by each option and plan under comparison;
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(B) the ceilings, if any, imposed on the
amounts paid for covered services under each op-
tion and plan under comparison; and
(C) the timeliness of payments to physi-
cians providing services under each option and
plan under comparison.
(2) An assessment of the effect on the subscrip-
tion choices made by potential subscribers to the
TRICARE program of the Department of Defense pol-
icy to grant priority in the provision of health care
services to subscribers to a particular option.
(3) An assessment whether or not the implemen-
tation of the TRICARE program has discouraged
medicare-eligible individuals from obtaining health
care services from military treatment facilities, in-
cluding—
(A) an estimate of the number of such indi-
viduals discouraged from obtaining health care
services from such facilities during the two-year
period ending with the commencement of the im-
plementation of the TRICARE program; and
(B) an estimate of the number of such indi-
viduals discouraged from obtaining health care
services from such facilities during the two-year
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period following the commencement of the imple-
mentation of the TRICARE program.
(4) An assessment of any other matters that the
Comptroller General considers appropriate for pur-
poses of this section.
(c) In this section:
(1) The term ‘‘Federal Employees Health Bene-
fits program’’ means the health benefits program
under chapter 89 of title 5, United States Code.
(2) The term ‘‘TRICARE program’’ has the
meaning given that term in section 1072(7) of title
10, United States Code.
SEC. 8138. (a) The Secretary of the Army and the Sec-
retary of the Air Force may each enter into one or more
multiyear leases of nontactical firefighting equipment, non-
tactical crash rescue equipment, or nontactical snow re-
moval equipment. The period of a lease entered into under
this section shall be for any period not in excess of 10 years.
Any such lease shall provide that performance under the
lease during the second and subsequent years of the contract
is contingent upon the appropriation of funds and shall
provide for a cancellation payment to be made to the lessor
if such appropriations are not made.
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(b) Lease payments made under subsection (a) shall
be made from amounts provided in this or future appro-
priations Acts.
(c) This section is effective for all fiscal years begin-
ning after September 30, 1998.
SEC. 8139. Of the amounts appropriated in this Act
for the Defense Threat Reduction and Treaty Compliance
Agency and for Operations and Maintenance, National
Guard, $1,500,000 shall be available to develop training
materials and a curriculum for a Domestic Preparedness
Sustainment Training Center at Pine Bluff Arsenal, Ar-
kansas.
SEC. 8140. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, ARMY’’, up to $10,000,000 may be made
available only for the efforts associated with building and
demonstrating a deployable mobile large aerostat system
platform.
SEC. 8141. That of the amounts available under this
heading, $150,000 shall be made available to the Bear Paw
Development Council, Montana, for the management and
conversion of the Havre Air Force Base and Training Site,
Montana, for public benefit purposes, including public
schools, housing for the homeless, and economic develop-
ment.
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SEC. 8142. (a) Section 4344(b) of title 10, United
States Code, is amended—
(1) in the second sentence of paragraph (2), by
striking out ‘‘, except that the reimbursement rates
may not be less than the cost to the United States of
providing such instruction, including pay, allow-
ances, and emoluments, to a cadet appointed from the
United States’’; and
(2) by striking out paragraph (3).
(b) Section 6957(b) of such title is amended—
(1) in the second sentence of paragraph (2), by
striking out ‘‘, except that the reimbursement rates
may not be less than the cost to the United States of
providing such instruction, including pay, allow-
ances, and emoluments, to a midshipman appointed
from the United States’’; and
(2) by striking out paragraph (3).
(c) Section 9344(b) of such title is amended—
(1) in the second sentence of paragraph (2), by
striking out ‘‘, except that the reimbursement rates
may not be less than the cost to the United States of
providing such instruction, including pay, allow-
ances, and emoluments, to a cadet appointed from the
United States’’; and
(2) by striking out paragraph (3).
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SEC. 8143. Out of the funds available for the Depart-
ment of Defense under title VI of this Act for chemical
agents and munitions, Defense, or the unobligated balances
of funds available for chemical agents and munitions de-
struction, Defense, under any other Act making appropria-
tions for military functions administered by the Depart-
ment of Defense for any fiscal year, the Secretary of Defense
may use not more than $25,000,000 for the Assembled
Chemical Weapons Assessment to complete the demonstra-
tion of alternatives to baseline incineration for the destruc-
tion of chemical agents and munitions and to carry out
the pilot program under section 8065 of the Department
of Defense Appropriations Act, 1997 (section 101(b) of Pub-
lic Law 104–208; 110 Stat. 3009–101; 50 U.S.C. 1521
note). The amount specified in the preceding sentence is in
addition to any other amount that is made available under
title VI of this Act to complete the demonstration of the al-
ternatives and to carry out the pilot program: Provided,
That none of these funds shall be taken from any ongoing
operational chemical munitions destruction programs.
SEC. 8144. (a) FINDINGS.—The Senate finds that—
(1) child experts estimate that as many as
250,000 children under the age of 18 are currently
serving in armed forces or armed groups in more
than 30 countries around the world;
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(2) contemporary armed conflict has caused the
deaths of 2,000,000 minors in the last decade alone,
and has left an estimated 6,000,000 children seriously
injured or permanently disabled;
(3) children are uniquely vulnerable to military
recruitment because of their emotional and physical
immaturity, are easily manipulated, and can be
drawn into violence that they are too young to resist
or understand;
(4) children are most likely to become child sol-
diers if they are poor, separated from their families,
displaced from their homes, living in a combat zone,
or have limited access to education;
(5) orphans and refugees are particularly vulner-
able to recruitment;
(6) one of the most egregious examples of the use
of child soldiers is the abduction of some 10,000 chil-
dren, some as young as 8 years of age, by the Lord’s
Resistance Army (in this section referred to as the
‘‘LRA’’) in northern Uganda;
(7) the Department of State’s Country Reports
on Human Rights Practices for 1997 reports that in
Uganda the LRA kills, maims, and rapes large num-
bers of civilians, and forces abducted children into
‘‘virtual slavery as guards, concubines, and soldiers’’;
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(8) children abducted by the LRA are forced to
raid and loot villages, fight in the front line of battle
against the Ugandan army and the Sudan People’s
Liberation Army (SPLA), serve as sexual slaves to
rebel commanders, and participate in the killing of
other children who try to escape;
(9) former LRA child captives report witnessing
Sudanese government soldiers delivering food sup-
plies, vehicles, ammunition, and arms to LRA base
camps in government-controlled southern Sudan;
(10) children who manage to escape from LRA
captivity have little access to trauma care and reha-
bilitation programs, and many find their families
displaced, unlocatable, dead, or fearful of having their
children return home;
(11) Graca Machel, the former United Nations
expert on the impact of armed conflict on children,
identified the immediate demobilization of all child
soldiers as an urgent priority, and recommended the
establishment through an optional protocol to the
Convention on the Rights of the Child of 18 as the
minimum age for recruitment and participation in
armed forces; and
(12) the International Committee of the Red
Cross, 
the 
United 
Nations 
Children’s 
Fund
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(UNICEF), the United Nations High Commission on
Refugees, and the United Nations High Commissioner
on Human Rights, as well as many nongovernmental
organizations, also support the establishment of 18 as
the minimum age for military recruitment and par-
ticipation in armed conflict.
(b) IN GENERAL.—The Senate hereby—
(1) deplores the global use of child soldiers and
supports their immediate demobilization;
(2) condemns the abduction of Ugandan children
by the LRA;
(3) calls on the Government of Sudan to use its
influence with the LRA to secure the release of ab-
ducted children and to halt further abductions; and
(4) encourages the United States delegation not
to block the drafting of an optional protocol to the
Convention on the Rights of the Child that would es-
tablish 18 as the minimum age for participation in
armed conflict.
(c) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the President and the Secretary of State should—
(1) support efforts to end the abduction of chil-
dren by the LRA, secure their release, and facilitate
their rehabilitation and reintegration into society;
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(2) not block efforts to establish 18 as the mini-
mum age for participation in conflict through an op-
tional protocol to the Convention on the Rights of the
Child; and
(3) provide greater support to United Nations
agencies and nongovernmental organizations working
for the rehabilitation and reintegration of former
child soldiers into society.
SEC. 8145. Notwithstanding any other provision of
law, the Secretary of Defense shall obligate the funds pro-
vided for Counterterror Technical Support in the Depart-
ment of Defense Appropriations Act, 1998 (under title IV
of Public Law 105–56) for the projects and in the amounts
provided for in House Report 105–265 of the House of Rep-
resentatives, One Hundred Fifth Congress, First Session:
Provided, That the funds available for the Pulsed Fast Neu-
tron Analysis Project should be executed through coopera-
tion with the Office of National Drug Control Policy.
SEC. 8146. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, NAVY’’, up to $1,000,000 may be made
available only for the development and testing of alternate
turbine engines for missiles.
SEC. 8147. VOTING RIGHTS OF MILITARY PERSONNEL.
(a) GUARANTEE OF RESIDENCY.—Article VII of the Sol-
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diers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. 590
et seq.) is amended by adding at the end the following:
‘‘SEC. 704. (a) For purposes of voting for an office of
the United States or of a State, a person who is absent from
a State in compliance with military or naval orders shall
not, solely by reason of that absence—
‘‘(1) be deemed to have lost a residence or domi-
cile in that State;
‘‘(2) be deemed to have acquired a residence or
domicile in any other State; or
‘‘(3) be deemed to have become resident in or a
resident of any other State.
‘‘(b) in this section, the term ‘State’ includes a terri-
tory or possession of the United States, a political subdivi-
sion of a State, territory, or possession, and the District
of Columbia.’’.
(b) STATE RESPONSIBILITY TO GUARANTEE MILITARY
VOTING RIGHTS.—(1) REGISTRATION AND BALLOTING.—
Section 102 of the Uniformed and Overseas Absentee Voting
Act (42 U.S.C. 1973ff–1) is amended—
(A) by inserting ‘‘(a) ELECTIONS FOR FEDERAL
OFFICES.—’’ before ‘‘Each State shall—’’; and
(B) by adding at the end the following:
‘‘(b) ELECTIONS FOR STATE AND LOCAL OFFICES.—
Each State shall—
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‘‘(1) permit absent uniformed services voters to
use absentee registration procedures and to vote by
absentee ballot in general, special, primary, and run-
off elections for State and local offices; and
‘‘(2) accept and process, with respect to any elec-
tion described in paragraph (1), any otherwise valid
voter registration application from an absent uni-
formed services voter if the application is received by
the appropriate State election official not less than 30
days before the election.’’.
(2) CONFORMING AMENDMENT.—The heading for title
I of such Act is amended by striking out ‘‘FOR FED-
ERAL OFFICE’’.
SEC. 8148. From amounts made available by this Act,
up to $10,000,000 may be available to convert the Eighth
Regiment National Guard Armory into a Chicago Military
Academy: Provided, That the Academy shall provide a 4
year college prepatory curriculum combined with a manda-
tory JROTC instruction program.
SEC. 8149. (a) The Air National Guard shall, during
the period beginning on April 15, 1999, and ending on Oc-
tober 15, 1999, provide support at the Francis S. Gabreski
Airport, Hampton, New York, for seasonal search and res-
cue mission requirements of the Coast Guard in the vicinity
of Hampton, New York.
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(b) The support provided under subsection (a) shall in-
clude access to and use of appropriate facilities at Francis
S. Gabreski Airport, including runways, hangars, the oper-
ations center, and aircraft berthing and maintenance
spaces.
(c)(1) The adjutant general of the National Guard of
the State of New York and the Commandant of the Coast
Guard shall enter into a memorandum of understanding
regarding the support to be provided under subsection (a).
(2) Not later than December 1, 1998, the adjutant gen-
eral and the Commandant shall jointly submit to the Com-
mittee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a copy
of the memorandum of understanding entered into under
paragraph (1).
SEC. 8150. (a) The Secretary of Defense, in coordina-
tion with the Secretary of Health and Human Services,
may carry out a program to distribute surplus dental
equipment of the Department of Defense, at no cost to the
Department of Defense, Indian health service facilities and
to federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
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(b) Not later than March 15, 1999, the Secretary of
Defense shall submit to Congress a report on the program,
including the actions taken under the program.
SEC. 8151. (a) Not later than March 15, 1999, the Sec-
retary of Defense shall submit to the Committees on Appro-
priations and on Armed Services of the Senate and the
Committees on Appropriations and on National Security
of the House of Representatives a report on the policies,
practices, and experience of the uniformed services pertain-
ing to the furnishing of dental care to dependents of mem-
bers of the uniformed services on active duty who are 18
years of age and younger.
(b) The report shall include (1) the rates of usage of
various types of dental services under the health care system
of the uniformed services by the dependents, set forth in cat-
egories defined by the age and the gender of the dependents
and by the rank of the members of the uniformed services
who are the sponsors for those dependents, (2) an assessment
of the feasibility of providing the dependents with dental
benefits (including initial dental visits for children) that
conform with the guidelines of the American Academy of
Pediatric Dentistry regarding infant oral health care, and
(3) an evaluation of the feasibility and potential effects of
offering general anesthesia as a dental health care benefit
available under TRICARE to the dependents.
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SEC. 8152. (a) Of the total amount appropriated for
the Army, the Army Reserve, and the Army National Guard
under title I, $1,700,000 may be available for taking the
actions required under this section to eliminate the backlog
of unpaid retired pay and to submit a report.
(b) The Secretary of the Army may take such actions
as are necessary to eliminate, by December 31, 1998, the
backlog of unpaid retired pay for members and former
members of the Army (including members and former mem-
bers of the Army Reserve and the Army National Guard).
(c) Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit
to Congress a report on the backlog of unpaid retired pay.
The report shall include the following:
(1) The actions taken under subsection (b).
(2) The extent of the remaining backlog.
(3) A discussion of any additional actions that
are necessary to ensure that retired pay is paid in a
timely manner.
SEC. 8153. (a) The Secretary of Defense may take such
actions as are necessary to ensure the elimination of the
backlog of incomplete actions on requests of former members
of the Armed Forces for replacement medals and replace-
ments for other decorations that such personnel have earned
in the military service of the United States.
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(b)(1) The actions taken under subsection (a) may in-
clude, except as provided in paragraph (2), allocations of
additional resources to improve relevant staffing levels at
the Army Reserve Personnel Command, the Bureau of
Naval Personnel, and the Air Force Personnel Center, allo-
cations of Department of Defense resources to the National
Archives and Records Administration, and any additional
allocations of resources that the Secretary considers nec-
essary to carry out subsection (a).
(2) An allocation of resources may be made under
paragraph (1) only if and to the extent that the allocation
does not detract from the performance of other personnel
service and personnel support activities within the Depart-
ment of Defense.
SEC. 8154. Beginning no later than 60 days after en-
actment, effective tobacco cessation products and counseling
may be provided for members of the Armed Forces (includ-
ing retired members), former members of the Armed Forces
entitled to retired or retainer pay, and dependents of such
members and former members, who are identified as likely
to benefit from such assistance in a manner that does not
impose costs upon the individual.
SEC. 8155. (a) Of the amounts appropriated by title
II of this Act under the heading ‘‘OPERATION AND MAINTE-
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NANCE, MARINE CORPS’’, $5,000,000 may be available for
procurement of lightweight maintenance enclosures (LME).
(b) Of the amounts appropriated by title III of this
Act under the heading ‘‘OTHER PROCUREMENT, ARMY’’,
$2,000,000 may be available for procurement of lightweight
maintenance enclosures (LME).
SEC. 8156. Of the funds available for Drug Interdic-
tion, up to $8,500,000 may be made available to support
restoration of enhanced counter-narcotics operations around
the island of Hispaniola, for operation and maintenance
for establishment of ground-based radar coverage at Guan-
tanamo Bay Naval Base, Cuba, for procurement of 2
Schweizer observation/spray aircraft, and for upgrades for
3 UH–IH helicopters for Colombia.
SEC. 8157. (a) The Secretary of Defense shall study
the policies, procedures, and practices of the military de-
partments for protecting the confidentiality of communica-
tions between—
(1) a dependent of a member of the Armed
Forces who—
(A) is a victim of sexual harassment, sexual
assault, or intrafamily abuse; or
(B) has engaged in such misconduct; and
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(2) a therapist, counselor, advocate, or other pro-
fessional from whom the victim seeks professional
services in connection with effects of such misconduct.
(b)(1) The Secretary of Defense shall prescribe in regu-
lations the policies and procedures that the Secretary con-
siders necessary to provide the maximum possible protec-
tions for the confidentiality of communications described in
subsection (a) relating to misconduct described in that sub-
section.
(2) The regulations shall provide the following:
(A) Complete confidentiality of the records of the
communications of dependents of members of the
Armed Forces.
(B) Characterization of the records under family
advocacy programs of the Department of Defense as
primary medical records for purposes of the protec-
tions from disclosure that are associated with pri-
mary medical records.
(C) Facilitated transfer of records under family
advocacy programs in conjunction with changes of
duty stations of persons to whom the records relate in
order to provide for continuity in the furnishing of
professional services.
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(D) Adoption of standards of confidentiality and
ethical standards that are consistent with standards
issued by relevant professional associations.
(3) In prescribing the regulations, the Secretary shall
consider the following:
(A) Any risk that the goals of advocacy and
counseling programs for helping victims recover from
adverse effects of misconduct will not be attained if
there is no assurance that the records of the commu-
nications (including records of counseling sessions)
will be kept confidential.
(B) The extent, if any, to which a victim’s safety
and privacy should be factors in determinations re-
garding—
(i) disclosure of the victim’s identity to the
public or the chain of command of a member of
the Armed Forces alleged to have engaged in the
misconduct toward the victim; or
(ii) any other action that facilitates such a
disclosure without the consent of the victim.
(C) The eligibility for care and treatment in
medical facilities of the uniformed services for any
person having a uniformed services identification
card (including a card indicating the status of a per-
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son as a dependent of a member of the uniformed
services) that is valid for that person.
(D) The appropriateness of requiring that so-
called Privacy Act statements be presented as a condi-
tion for proceeding with the furnishing of treatment
or other services by professionals referred to in sub-
section (a).
(E) The appropriateness of adopting the same
standards of confidentiality and ethical standards
that have been issued by such professional associa-
tions as the American Psychiatric Association and
the National Association of Social Workers.
(4) The regulations may not prohibit the disclosure of
information to a Federal or State agency for a law enforce-
ment or other governmental purpose.
(c) The Secretary of Defense shall consult with the At-
torney General in carrying out this section.
(d) Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to
Congress a report on the actions taken under this section.
The report shall include a discussion of the results of the
study under subsection (a) and the comprehensive discus-
sion of the regulations prescribed under subsection (b).
SEC. 8158. (a) FINDINGS.—The Senate finds that—
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(1) on the third of February a United States
Marine Corps jet aircraft, flying a low-level training
mission out of Aviano, Italy, flew below its prescribed
altitude and severed the cables supporting a gondola
at the Italian ski resort near Cavalese, resulting in
the death of twenty civilians;
(2) the crew of the aircraft, facing criminal
charges, is entitled to a speedy trial and is being pro-
vided that and all the other protections and advan-
tages of the United States system of justice;
(3) the United States, to maintain its credibility
and honor amongst its allies and all nations of the
world, should make prompt reparations for an acci-
dent clearly caused by a United States military air-
craft;
(4) a high-level delegation, including the United
States Ambassador to Italy, recently visited Cavalese
and, as a result, $20,000,000 was promised to the
people in Cavalese for their property damage and
business losses;
(5) without our prompt action, these families
continue to suffer financial agonies, our credibility in
the European community continues to suffer, and our
own citizens remain puzzled and angered by our lack
of accountability;
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(6) under the current arrangement we have with
Italy in the context of our Status of Forces Agreement
(SOFA), civil claims arising from the accident at
Cavalese must be brought against the Government of
Italy, in accordance with the laws and regulations of
Italy, as if the armed forces of Italy had been respon-
sible for the accident;
(7) under Italian law, every claimant for prop-
erty damage, personal injury or wrongful death must
file initially an administrative claim for damages
with the Ministry of Defense in Rome which is ex-
pected to take 12–18 months, and, if the Ministry’s
offer in settlement is not acceptable, which it is not
likely to be, the claimant must thereafter resort to the
Italian court system, where civil cases for wrongful
death are reported to take up to ten years to resolve;
(8) while under the SOFA process, the United
States—as the ‘‘sending state’’—will be responsible
for 75 percent of any damages awarded, and the Gov-
ernment of Italy—as the ‘‘receiving state’’—will be
responsible for 25 percent, the United States has
agreed to pay all damages awarded in this case.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the United States should resolve the claims of the
victims of the February 8, 1998 United States Marine
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Corps aircraft incident in Cavalese, Italy as quickly and
fairly as possible.
SEC. 8159. TRAINING AND OTHER PROGRAMS. (a)
PROHIBITION.—None of the funds made available by this
Act may be used to support any training program involv-
ing a unit of the security forces of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that a member of such unit has
committed a gross violation of human rights, unless all nec-
essary corrective steps have been taken.
(b) MONITORING.—Not more than 90 days after enact-
ment of this Act, the Secretary of Defense, in consultation
with the Secretary of State, shall establish procedures to en-
sure that prior to a decision to conduct any training pro-
gram referred to in subsection (a), full consideration is
given to all information available to the Department of
State relating to human rights violations by foreign secu-
rity forces.
(c) WAIVER.—The Secretary of Defense, after consulta-
tion with the Secretary of State, may waive the prohibition
in subsection (a) if he determines that such waiver is re-
quired by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exercise
of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense commit-
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tees describing the extraordinary circumstances, the purpose
and duration of the training program, the United States
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights
violations that necessitates the waiver.
SEC. 8160. (a) FINDINGS.—Congress makes the follow-
ing findings:
(1) Since 1989—
(A) the national defense budget has been cut
in half as a percentage of the gross domestic
product;
(B) the national defense budget has been cut
by over $120,000,000,000 in real terms;
(C) the United States military force struc-
ture has been reduced by more than 30 percent;
(D) the Department of Defense’s operations
and maintenance accounts have been reduced by
40 percent;
(E) the Department of Defense’s procure-
ment funding has declined by more than 50 per-
cent;
(F) United States military operational
commitments have increased fourfold;
(G) the Army has reduced its ranks by over
630,000 soldiers and civilians, closed over 700
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installations at home and overseas, and cut 10
divisions from its force structure;
(H) the Army has reduced its presence in
Europe from 215,000 to 65,000 personnel;
(I) the Army has averaged 14 deployments
ever four years, increased significantly from the
Cold War trend of one deployment ever four
years;
(J) the Air Force has downsized by nearly
40 percent, while experiencing a fourfold in-
crease in operational commitments.
(2) In 1992, 37 percent of the Navy’s fleet was
deployed at any given time. Today that number is 57
percent; at its present rate, it will climb to 62 percent
by 2005.
(3) The Navy Surface Warfare Officer commu-
nity will fall short of its needs of a 40 percent in-
crease in retention to meet requirements.
(4) The Air Force is 18 percent short of its reten-
tion goal for second-term airmen.
(5) The Air Force is more than 800 pilots short,
and more than 70 percent eligible for retention bo-
nuses have turned them down in favor of separation.
(6) The Army faces critical personnel shortages
in combat units, forcing unit commanders to borrow
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troops from other units just to participate in training
exercises.
(7) An Air Force F–16 squadron commander tes-
tified before the House National Security Committee
that his unit was forced to borrow three aircraft and
use cannibalized parts from four other F–16’s in
order to deploy to Southwest Asia.
(8) In 1997, the Army averaged 31,000 soldiers
deployed away from their home station in support of
military operations in 70 countries with the average
deployment lasting 125 days.
(9) Critical shortfalls in meeting recruiting and
retention goals is seriously affecting the ability of the
Army to train and deploy. The Army reduced its re-
cruiting goal for 1998 by 12,000 personnel.
(10) In fiscal year 1997, the Army fell short of
its recruiting goal for critical infantry soldiers by al-
most 5,000. As of February 15, 1998, Army-wide
shortages existed for 28 Army specialties. Many posi-
tions in squads and crews are left unfilled or mini-
mally filled because personnel are diverted to work in
key positions elsewhere.
(11) The Navy reports it will fall short of en-
listed sailor recruitment for 1998 by 10,000.
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(12) One in ten Air Force front-line units are
not combat ready.
(13) Ten Air Force technical specialties, rep-
resenting thousands of airmen, deployed away from
their home station for longer than the Air Force
standard 120-day mark in 1997.
(14) The Air Force fell short of its reenlistment
rate for mid-career enlisted personnel by an average
of six percent, with key war fighting career fields ex-
periencing even larger drops in reenlistments.
(15) In 1997, United States Marines in the oper-
ating forces have deployed on more than 200 exercises,
rotational deployments, or actual contingencies.
(16) United States Marine Corps maintenance
forces are only able to maintain 92 percent ground
equipment and 77 percent aviation equipment readi-
ness rates due to excessive deployments of troops and
equipment.
(17) The National Security Strategy of the
United States assumes the ability of the United States
Armed Forces to prevail in two major regional con-
flicts nearly simultaneously.
(18) To execute the National Security of the
United States, the United States Army’s five later-de-
ploying divisions, which constitute almost half of the
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Army’s active combat forces, are critical to the success
of specific war plans.
(19) According to commanders in these divisions,
the practice of under staffing squads and crews that
are responsible for training, and assigning personnel
to other units as fillers for exercises and operations,
has become common and is degrading unit capability
and readiness.
(20) In the aggregate, the Army’s later-deploying
divisions were assigned 93 percent of their authorized
personnel at the beginning of fiscal year 1998. In one
specific case, the 1st Armored Division was staffed at
94 percent in the aggregate; however, its combat sup-
port and service support specialties were filled at
below 85 percent, and captains and majors were filled
at 73 percent.
(21) At the 10th Infantry Division, only 138 of
162 infantry squads were fully or minimally filled,
and 36 of the filled squads were unqualified. At the
1st Brigade of the 1st Infantry Division, only 56 per-
cent of the authorized infantry soldiers for its Bradley
Fighting Vehicles were assigned, and in the 2nd Bri-
gade, 21 of 48 infantry squads had no personnel as-
signed.
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(22) At the 3rd Brigade of the 1st Armored Divi-
sion, only 16 of 116 M1A1 tanks had full crews and
were qualified, and in one of the Brigade’s two armor
battalions, 14 of 58 tanks had no crewmembers as-
signed because the personnel were deployed to Bosnia.
(23) At the beginning of fiscal year 1998, the five
later-deploying divisions critical to the execution of
the United States National Security Strategy were
short nearly 1,900 of the total 25,357 Non-Commis-
sioned Officers authorized, and as of February 15,
1998, this shortage had grown to almost 2,200.
(24) Rotation of units to Bosnia is having a di-
rect and negative impact on the ability of later-de-
ploying divisions to maintain the training and readi-
ness levels needed to execute their mission in a major
regional conflict. Indications of this include:
(A) The reassignment by the Commander of
the 3rd Brigade Combat Team of 63 soldiers
within the brigade to serve in infantry squads of
a deploying unit of 800 troops, stripping non-
deploying infantry and armor units of mainte-
nance personnel, and reassigning Non-Commis-
sioned Officers and support personnel to the task
force from throughout the brigade.
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(B) Cancellation of gunnery exercises for at
least two armor battalions in later-deploying di-
visions, causing 43 of 116 tank crews to lose
their qualifications on the weapon system.
(C) Hiring of outside contract personnel by
1st Armored and 1st Infantry later-deploying di-
visions to perform routine maintenance.
(25) National Guard budget shortfalls com-
promise the Guard’s readiness levels, capabilities,
force structure, and end strength, putting the Guard’s
personnel, schools, training, full-time support, reten-
tion and recruitment, and morale at risk.
(26) The President’s budget requests for the Na-
tional Guard have been insufficient, notwithstanding
the frequent calls on the Guard to handle wide-rang-
ing tasks, including deployments in Bosnia, Iraq,
Haiti, and Somalia.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the readiness of United States military forces
to execute the National Security Strategy of the
United States is being eroded from a combination of
declining defense budgets and expanded missions;
(2) the ongoing, open-ended commitment of
United States forces to the peacekeeping mission in
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Bosnia is causing assigned and supporting units to
compromise their principle wartime assignments;
(3) defense appropriations are not keeping pace
with the expanding needs of the Armed Forces.
(c) REPORT REQUIREMENT.—Not later than June 1,
1999, the President shall submit to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives, and to the Committees
on Appropriations in both Houses, a report on the military
readiness of the Armed Forces of the United States. The
President shall include in the report a detailed discussion
of the competition for resources service-by-service caused by
the ongoing commitment to the peacekeeping operation in
Bosnia, including in those units that are supporting but
not directly deployed to Bosnia. The President shall specifi-
cally include in the report the following—
(1) an assessment of current force structure and
its sufficiency to execute the National Security Strat-
egy of the United States;
(2) an outline of the service-by-service force
structure expected to be committed to a major re-
gional contingency as envisioned in the National Se-
curity Strategy of the United States;
(3) a comparison of the force structures outlined
in paragraph (2) with the service-by-service order of
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battle in Operation Desert Shield/Desert Storm, as a
representative and recent major regional conflict;
(4) the force structure and defense appropriation
increases that are necessary to execute the National
Security Strategy of the United States assuming cur-
rent projected ground force levels assigned to the
peacekeeping mission in Bosnia are unchanged;
(5) a discussion of the United States ground
force level in Bosnia that can be sustained without
impacting the ability of the Armed Forces to execute
the National Security Strategy of the United States,
assuming no increases in force structure and defense
appropriations during the period in which ground
forces are assigned to Bosnia.
SEC. 8161. SENSE OF THE SENATE REGARDING PAY-
ROLL TAX RELIEF. (a) FINDINGS.—The Senate finds the
following:
(1) The payroll tax under the Federal Insurance
Contributions Act (FICA) is the biggest, most regres-
sive tax paid by working families.
(2) The payroll tax constitutes a 15.3 percent tax
burden on the wages and self-employment income of
each American, with 12.4 percent of the payroll tax
used to pay social security benefits to current bene-
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ficiaries and 2.9 percent used to pay the medicare
benefits of current beneficiaries.
(3) The amount of wages and self-employment
income subject to the social security portion of the
payroll tax is capped at $68,400. Therefore, the lower
a family’s income, the more they pay in payroll tax
as a percentage of income. The Congressional Budget
Office has estimated that for those families who pay
payroll taxes, 80 percent pay more in payroll taxes
than in income taxes.
(4) In 1996, the median household income was
$35,492, and a family earning that amount and tak-
ing standard deductions and exemptions paid $2,719
in Federal income tax, but lost $5,430 in income to
the payroll tax.
(5) Ownership of wealth is essential for everyone
to have a shot at the American dream, but the payroll
tax is the principal burden to savings and wealth cre-
ation for working families.
(6) Since 1983, the payroll tax has been higher
than necessary to pay current benefits.
(7) Since most of the payroll tax receipts are de-
posited in the social security trust funds, which masks
the real amount of Government borrowing, those
whom the payroll tax hits hardest, working families,
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have shouldered a disproportionate share of the Fed-
eral budget deficit reduction and, therefore, a dis-
proportionate share of the creation of the Federal
budget surplus.
(8) Over the next 10 years, the Federal Govern-
ment 
will 
generate 
a 
budget 
surplus 
of
$1,550,000,000,000, and all but $32,000,000,000 of
that surplus will be generated by excess payroll taxes.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) if Congress decides to provide tax relief, re-
ducing the burden of payroll taxes should be a top
priority; and
(2) Congress and the President should work to
reduce this payroll tax burden on American families.
TITLE IX —MONITORING OF HUMAN RIGHTS
ABUSES IN CHINA
SEC. 9001. SHORT TITLE. This title may be cited as
the ‘‘Political Freedom in China Act of 1998’’.
SEC. 9002. FINDINGS. Congress makes the following
findings:
(1) Congress concurs in the following conclusions
of the United States State Department on human
rights in the People’s Republic of China in 1996:
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(A) The People’s Republic of China is ‘‘an
authoritarian state’’ in which ‘‘citizens lack the
freedom to peacefully express opposition to the
party-led political system and the right to
change their national leaders or form of govern-
ment’’.
(B) The Government of the People’s Repub-
lic of China has ‘‘continued to commit wide-
spread and well-documented human rights
abuses, in violation of internationally accepted
norms, stemming from the authorities’ intoler-
ance of dissent, fear of unrest, and the absence
of inadequacy of laws protecting basic freedoms’’.
(C) ‘‘abuses include torture and mistreat-
ment of prisoners, forced confessions, and arbi-
trary and incommunicado detention’’.
(D) ‘‘prison conditions remained harsh and
the Government continued severe restrictions on
freedom of speech, the press, assembly, associa-
tion, religion, privacy, and worker rights’’.
(E) ‘‘although the Government denies that it
holds political prisoners, the number of persons
detained 
or 
serving 
sentences 
for
‘counterrevolutionary crimes’ or ‘crimes against
the state’, or for peaceful political or religious
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activities are believed to number in the thou-
sands’’.
(F) ‘‘nonapproved religious groups, includ-
ing 
Protestant 
and 
Catholic
groups . . . experienced intensified repression’’.
(G) ‘‘serious human rights abuses persist in
minority areas, including Tibet, Xinjiang, and
Inner Mongolia, and controls on religion and on
other fundamental freedoms in these areas have
also intensified’’.
(H) ‘‘overall in 1996, the authorities
stepped up efforts to cut off expressions of protest
or criticism. All public dissent against the party
and government was effectively silenced by in-
timidation, exile, the imposition of prison terms,
administrative detention, or house arrest. No dis-
sidents were known to be active at year’s end.’’.
(2) In addition to the State Department, credible
independent human rights organizations have docu-
mented an increase in repression in China during
1995, and effective destruction of the dissident move-
ment through the arrest and sentencing of the few re-
maining pro-democracy and human rights activists
not already in prison or exile.
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(3) Among those were Li Hai, sentenced to 9
years in prison on December 18, 1996, for gathering
information on the victims of the 1989 crackdown,
which according to the court’s verdict constituted
‘‘state secrets’’; Liu Nianchun, an independent labor
organizer, sentenced to 3 years of ‘‘re-education
through labor’’ on July 4, 1996, due to his activities
in connection with a petition campaign calling for
human rights reforms; and Ngodrup Phuntsog, a Ti-
betan national, who was arrested in Tibet in 1987
immediately after he returned from a 2-year trip to
India, where the Tibetan government in exile is lo-
cated, and following a secret trial was convicted by
the Government of the People’s Republic of China of
espionage on behalf of the ‘‘Ministry of Security of the
Dalai clique’’.
(4) Many political prisoners are suffering from
poor conditions and ill-treatment leading to serious
medical and health problems, including—
(A) Gao Yu, a journalist sentenced to 6
years in prison in November 1994 and honored
by UNESCO in May 1997, has a heart condi-
tion; and
(B) Chen Longde, a leading human rights
advocate now serving a 3-year re-education
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through labor sentence imposed without trial in
August 1995, has reportedly been subject to re-
peated beatings and electric shocks at a labor
camp for refusing to confess his guilt.
(5) The People’s Republic of China, as a member
of the United Nations, is expected to abide by the pro-
visions of the Universal Declaration of Human
Rights.
(6) The People’s Republic of China is a party to
numerous international human rights conventions,
including the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punish-
ment.
SEC. 9003. CONDUCT OF FOREIGN RELATIONS. (a) RE-
LEASE OF PRISONERS.—The Secretary of State, in all offi-
cial meetings with the Government of the People’s Republic
of China, should request the immediate and unconditional
release of Ngodrup Phuntsog and other prisoners of con-
science in Tibet, as well as in the People’s Republic of
China.
(b) ACCESS
TO PRISONS.—The Secretary of State
should seek access for international humanitarian organiza-
tions to Drapchi prison and other prisons in Tibet, as well
as in the People’s Republic of China, to ensure that pris-
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oners are not being mistreated and are receiving necessary
medical treatment.
(c) DIALOGUE ON FUTURE OF TIBET.—The Secretary
of State, in all official meetings with the Government of
the People’s Republic of China, should call on that country
to begin serious discussions with the Dalai Lama or his
representatives, without preconditions, on the future of
Tibet.
SEC. 9004. AUTHORIZATION OF APPROPRIATIONS FOR
ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO MON-
ITOR HUMAN RIGHTS IN THE PEOPLE’S REPUBLIC OF
CHINA. There are authorized to be appropriated to support
personnel to monitor political repression in the People’s Re-
public of China in the United States Embassies in Beijing
and Kathmandu, as well as the American consulates in
Guangzhou, Shanghai, Shenyang, Chengdu, and Hong
Kong, $2,200,000 for fiscal year 1999 and $2,200,000 for
fiscal year 2000.
SEC. 9005. DEMOCRACY BUILDING IN CHINA. (a) AU-
THORIZATION OF APPROPRIATIONS FOR NED.—In addition
to such sums as are otherwise authorized to be appropriated
for the ‘‘National Endowment for Democracy’’ for fiscal
years 1999 and 2000, there are authorized to be appro-
priated for the ‘‘National Endowment for Democracy’’
$4,000,000 for fiscal year 1999 and $4,000,000 for fiscal
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year 2000, which shall be available to promote democracy,
civil society, and the development of the rule of law in
China.
(b) 
EAST
ASIA-PACIFIC
REGIONAL
DEMOCRACY
FUND.—The Secretary of State shall use funds available in
the East Asia-Pacific Regional Democracy Fund to provide
grants to nongovernmental organizations to promote democ-
racy, civil society, and the development of the rule of law
in China.
SEC. 9006. HUMAN RIGHTS
IN CHINA. (a) RE-
PORTS.—Not later than March 30, 1999, and each subse-
quent year thereafter, the Secretary of State shall submit
to the International Relations Committee of the House of
Representatives and the Foreign Relations Committee of the
Senate an annual report on human rights in China, includ-
ing religious persecution, the development of democratic in-
stitutions, and the rule of law. Reports shall provide infor-
mation on each region of China.
(b) PRISONER INFORMATION REGISTRY.—The Sec-
retary of State shall establish a Prisoner Information Reg-
istry for China which shall provide information on all po-
litical prisoners, prisoners of conscience, and prisoners of
faith in China. Such information shall include the charges,
judicial processes, administrative actions, use of forced
labor, incidences of torture, length of imprisonment, phys-
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ical and health conditions, and other matters related to the
incarceration of such prisoners in China. The Secretary of
State is authorized to make funds available to nongovern-
mental organizations presently engaged in monitoring ac-
tivities regarding Chinese political prisoners to assist in the
creation and maintenance of the registry.
SEC. 9007. SENSE OF CONGRESS CONCERNING ESTAB-
LISHMENT OF A COMMISSION ON SECURITY AND COOPERA-
TION IN ASIA. It is the sense of Congress that Congress, the
President, and the Secretary of State should work with the
governments of other countries to establish a Commission
on Security and Cooperation in Asia which would be mod-
eled after the Commission on Security and Cooperation in
Europe.
SEC. 9008. SENSE OF CONGRESS REGARDING DEMOC-
RACY IN HONG KONG. It is the sense of Congress that the
people of Hong Kong should continue to have the right and
ability to freely elect their legislative representatives, and
that the procedure for the conduct of the elections of the
legislature of the Hong Kong Special Administrative Re-
gion should be determined by the people of Hong Kong
through an election law convention, a referendum, or both.
SEC. 9009. SENSE OF CONGRESS RELATING TO ORGAN
HARVESTING AND TRANSPLANTING IN THE PEOPLE’S RE-
PUBLIC OF CHINA. It is the sense of Congress that—
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(1) the Government of the People’s Republic of
China should stop the practice of harvesting and
transplanting organs for profit from prisoners that it
executes;
(2) the Government of the People’s Republic of
China should be strongly condemned for such organ
harvesting and transplanting practice;
(3) the President should bar from entry into the
United States any and all officials of the Government
of the People’s Republic of China known to be directly
involved in such organ harvesting and transplanting
practice;
(4) individuals determined to be participating in
or otherwise facilitating the sale of such organs in the
United States should be prosecuted to the fullest pos-
sible extent of the law; and
(5) the appropriate officials in the United States
should interview individuals, including doctors, who
may have knowledge of such organ harvesting and
transplanting practice.
TITLE X
HUMAN RIGHTS IN CHINA
Subtitle A—Forced Abortions in China
SEC. 10001. This subtitle may be cited as the ‘‘Forced
Abortion Condemnation Act’’.
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SEC. 10002. Congress makes the following findings:
(1) Forced abortion was rightly denounced as a
crime against humanity by the Nuremberg War
Crimes Tribunal.
(2) For over 15 years there have been frequent
and credible reports of forced abortion and forced ster-
ilization in connection with the population control
policies of the People’s Republic of China. These re-
ports indicate the following:
(A) Although it is the stated position of the
politburo of the Chinese Communist Party that
forced abortion and forced sterilization have no
role in the population control program, in fact
the Communist Chinese Government encourages
both forced abortion and forced sterilization
through a combination of strictly enforced birth
quotas and immunity for local population con-
trol officials who engage in coercion. Officials ac-
knowledge that there have been instances of
forced abortions and sterilization, and no evi-
dence has been made available to suggest that the
perpetrators have been punished.
(B) People’s Republic of China population
control officials, in cooperation with employers
and works unit officials, routinely monitor wom-
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en’s menstrual cycles and subject women who
conceive without government authorization to ex-
treme psychological pressure, to harsh economic
sanctions, including unpayable fines and loss of
employment, and often to physical force.
(C) Official sanctions for giving birth to
unauthorized children include fines in amounts
several times larger than the per capita annual
incomes of residents of the People’s Republic of
China. In Fujian, for example, the average fine
is estimated to be twice a family’s gross annual
income. Families which cannot pay the fine may
be subject to confiscation and destruction of their
homes and personal property.
(D) Especially harsh punishments have
been inflicted on those whose resistance is moti-
vated by religion. For example, according to a
1995 Amnesty International report, the Catholic
inhabitants of 2 villages in Hebei Province were
subjected to population control under the slogan
‘‘better to have more graves than one more
child’’. Enforcement measures included torture,
sexual abuse, and the detention of resisters’ rel-
atives as hostages.