H. R. 3616—2
Cross of the Order of the Crown, and the French Croix de
Guerre.
(6) Senator Thurmond has served as chairman of the
Committee on Armed Services of the United States Senate
since 1995 and served as the ranking minority member of
the committee from 1993 to 1995. Senator Thurmond concludes
his service as chairman at the end of the One Hundred Fifth
Congress, but is to continue to serve the committee as a member
in successive Congresses.
(7) This Act is the fortieth annual authorization bill for
the Department of Defense for which Senator Thurmond has
taken a major responsibility as a member of the Committee
on Armed Services of the Senate.
(8) Senator Thurmond, as an Army officer and a legislator,
has made matchless contributions to the national security of
the United States that, in duration and in quality, are unique.
(9) It is altogether fitting and proper that this Act, the
last annual authorization Act for the national defense that
Senator Thurmond manages in and for the United States Sen-
ate as chairman of the Committee on Armed Services, be named
in his honor, as provided in subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee program.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for Longbow Hellfire Missile program.
Sec. 112. Conditions for award of a second-source procurement contract for the
Family of Medium Tactical Vehicles.
Sec. 113. Armored system modernization.
Sec. 114. Reactive armor tiles.
Sec. 115. Extension of authority to carry out Armament Retooling and Manufactur-
ing Support Initiative.
Subtitle C—Navy Programs
Sec. 121. CVN–77 nuclear aircraft carrier program.
H. R. 3616—3
Sec. 122. Increase in amount authorized to be excluded from cost limitation for
Seawolf submarine program.
Sec. 123. Multiyear procurement authority for the Department of the Navy.
Sec. 124. Annual GAO review of F/A–18E/F aircraft program.
Subtitle D—Air Force Programs
Sec. 131. F–22 aircraft program.
Sec. 132. C–130J aircraft program.
Subtitle E—Other Matters
Sec. 141. Chemical stockpile emergency preparedness program.
Sec. 142. Alternative technologies for destruction of assembled chemical weapons.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Management responsibility for Navy mine countermeasures programs.
Sec. 212. Future aircraft carrier transition technologies.
Sec. 213. Manufacturing technology program.
Sec. 214. Sense of Congress on the Defense Science and Technology Program.
Sec. 215. Next Generation Internet Program.
Sec. 216. Crusader self-propelled artillery system program.
Sec. 217. Airborne Laser Program.
Sec. 218. Enhanced Global Positioning System program.
Subtitle C—Ballistic Missile Defense
Sec. 231. Sense of Congress on National Missile Defense coverage.
Sec. 232. Limitation on funding for the Medium Extended Air Defense System.
Sec. 233. Limitation on funding for Cooperative Ballistic Missile Defense programs.
Sec. 234. Sense of Congress with respect to Ballistic Missile Defense cooperation
with Russia.
Sec. 235. Ballistic Missile Defense program elements.
Sec. 236. Restructuring of acquisition strategy for Theater High-Altitude Area
Defense (THAAD) system.
Subtitle D—Other Matters
Sec. 241. Extension of authority to carry out certain prototype projects.
Sec. 242. NATO alliance ground surveillance concept definition.
Sec. 243. NATO common-funded Civil Budget.
Sec. 244. Executive agent for cooperative research program of the Department of
Defense and the Department of Veterans Affairs.
Sec. 245. Review of pharmacological interventions for reversing brain injury.
Sec. 246. Pilot program for revitalizing the laboratories and test and evaluation
centers of the Department of Defense.
Sec. 247. Chemical warfare defense.
Sec. 248. Landmine alternatives.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 311. Refurbishment of M1–A1 tanks.
Sec. 312. Operation of prepositioned fleet, National Training Center, Fort Irwin,
California.
Sec. 313. Berthing space at Norfolk Naval Shipyard, Virginia.
Sec. 314. NATO common-funded military budget.
Subtitle C—Environmental Provisions
Sec. 321. Settlement of claims of foreign governments for environmental cleanup of
overseas sites formerly used by the Department of Defense.
Sec. 322. Authority to pay negotiated settlement for environmental cleanup of
formerly used defense sites in Canada.
H. R. 3616—4
Sec. 323. Removal of underground storage tanks.
Sec. 324. Report regarding polychlorinated biphenyl waste under Department of
Defense control overseas.
Sec. 325. Modification of deadline for submittal to Congress of annual reports on
environmental activities.
Sec. 326. Submarine solid waste control.
Sec. 327. Arctic Military Environmental Cooperation Program.
Sec. 328. Sense of Congress regarding oil spill prevention training for personnel on
board Navy vessels.
Subtitle D—Information Technology Issues
Sec. 331. Additional information technology responsibilities of Chief Information
Officers.
Sec. 332. Defense-wide electronic mall system for supply purchases.
Sec. 333. Priority funding to ensure year 2000 compliance of information technology
and national security systems.
Sec. 334. Evaluation of year 2000 compliance as part of training exercises programs.
Sec. 335. Continuity of essential operations at risk of failure because of information
technology and national security systems that are not year 2000 compli-
ant.
Subtitle E—Defense Infrastructure Support Improvement
Sec. 341. Clarification of definition of depot-level maintenance and repair.
Sec. 342. Reporting and analysis requirements before change of commercial and
industrial type functions to private sector performance.
Sec. 343. Notifications of determinations of military items as being commercial
items for purposes of the exception to requirements regarding core logis-
tics capabilities.
Sec. 344. Oversight of development and implementation of automated identification
technology.
Sec. 345. Contractor-operated civil engineering supply stores program.
Sec. 346. Conditions on expansion of functions performed under prime vendor
contracts for depot-level maintenance and repair.
Sec. 347. Best commercial inventory practices for management of secondary supply
items.
Sec. 348. Personnel reductions in Army Materiel Command.
Sec. 349. Inventory management of in-transit items.
Sec. 350. Review of Defense Automated Printing Service functions.
Sec. 351. Development of plan for establishment of core logistics capabilities for
maintenance and repair of C–17 aircraft.
Subtitle F—Commissaries and Nonappropriated Fund Instrumentalities
Sec. 361. Continuation of management and funding of Defense Commissary Agency
through the Office of the Secretary of Defense.
Sec. 362. Expansion of current eligibility of Reserves for commissary benefits.
Sec. 363. Costs payable to the Department of Defense and other Federal agencies for
services provided to the Defense Commissary Agency.
Sec. 364. Collection of dishonored checks presented at commissary stores.
Sec. 365. Restrictions on patron access to, and purchases in, overseas commissaries
and exchange stores.
Sec. 366. Repeal of requirement for Air Force to sell tobacco products to enlisted
personnel.
Sec. 367. Prohibition on consolidation or other organizational changes of Depart-
ment of Defense retail systems.
Sec. 368. Defense Commissary Agency telecommunications.
Sec. 369. Survey of commissary store patrons regarding satisfaction with com-
missary store merchandise.
Subtitle G—Other Matters
Sec. 371. Eligibility requirements for attendance at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 372. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 373. Department of Defense readiness reporting system.
Sec. 374. Specific emphasis of program to investigate fraud, waste, and abuse within
Department of Defense.
Sec. 375. Condition for providing financial assistance for support of additional duties
assigned to the Army National Guard.
Sec. 376. Demonstration program to improve quality of personal property shipments
of members.
Sec. 377. Pilot program for acceptance and use of landing fees charged for use of
domestic military airfields by civil aircraft.
H. R. 3616—5
Sec. 378. Strategic plan for expansion of distance learning initiatives.
Sec. 379. Public availability of operating agreements between military installations
and financial institutions.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength levels.
Sec. 403. Date for submission of annual manpower requirements report.
Sec. 404. Additional exemption from percentage limitation on number of lieutenant
generals and vice admirals.
Sec. 405. Extension of authority for Chairman of the Joint Chiefs of Staff to des-
ignate up to 12 general and flag officer positions to be excluded from
general and flag officer grade limitations.
Sec. 406. Exception for Chief, National Guard Bureau, from limitation on number
of officers above major general.
Sec. 407. Limitation on daily average of personnel on active duty in grades E–8 and
E–9.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of members in certain grades authorized to serve on
active duty in support of the reserves.
Sec. 415. Consolidation of strength authorizations for active status Naval Reserve
flag officers of the Navy Medical Department Staff Corps.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Codification of eligibility of retired officers and former officers for consider-
ation by special selection boards.
Sec. 502. Involuntary separation pay denied for officer discharged for failure of
selection for promotion requested by the officer.
Sec. 503. Streamlined selective retention process for regular officers.
Sec. 504. Permanent applicability of limitations on years of active naval service of
Navy limited duty officers in grades of commander and captain.
Sec. 505. Tenure of Chief of the Air Force Nurse Corps.
Sec. 506. Grade of Air Force Assistant Surgeon General for Dental Services.
Sec. 507. Review regarding allocation of Naval Reserve Officers’ Training Corps
scholarships among participating colleges and universities.
Subtitle B—Reserve Component Matters
Sec. 511. Use of Reserves for emergencies involving weapons of mass destruction.
Sec. 512. Service required for retirement of National Guard officer in higher grade.
Sec. 513. Reduced time-in-grade requirement for reserve general and flag officers
involuntarily transferred from active status.
Sec. 514. Active status service requirement for promotion consideration for Army
and Air Force reserve component brigadier generals.
Sec. 515. Composition of selective early retirement boards for rear admirals of the
Naval Reserve and major generals of the Marine Corps Reserve.
Sec. 516. Authority for temporary waiver for certain Army Reserve officers of bacca-
laureate degree requirement for promotion of reserve officers.
Sec. 517. Furnishing of burial flags for deceased members and former members of
the Selected Reserve.
Subtitle C—Military Education and Training
Sec. 521. Separate housing for male and female recruits during recruit basic train-
ing.
Sec. 522. After-hours privacy for recruits during basic training.
Sec. 523. Sense of the House of Representatives relating to small unit assignments
by gender during recruit basic training.
Sec. 524. Extension of reporting dates for Commission on Military Training and
Gender-Related Issues.
Sec. 525. Improved oversight of innovative readiness training.
Subtitle D—Decorations, Awards, and Commendations
Sec. 531. Study of new decorations for injury or death in line of duty.
H. R. 3616—6
Sec. 532. Waiver of time limitations for award of certain decorations to certain
persons.
Sec. 533. Commendation and commemoration of the Navy and Marine Corps person-
nel who served in the United States Navy Asiatic Fleet from 1910–1942.
Sec. 534. Appreciation for service during World War I and World War II by mem-
bers of the Navy assigned on board merchant ships as the Naval Armed
Guard Service.
Sec. 535. Sense of Congress regarding the heroism, sacrifice, and service of the mili-
tary forces of South Vietnam, other nations, and indigenous groups in
connection with the United States Armed Forces during the Vietnam
conflict.
Sec. 536. Sense of Congress regarding the heroism, sacrifice, and service of former
South Vietnamese commandos in connection with United States Armed
Forces during the Vietnam conflict.
Sec. 537. Prohibition on members of Armed Forces entering correctional facilities to
present decorations to persons who have committed serious violent
felonies.
Subtitle E—Administration of Agencies Responsible for Review and
Correction of Military Records
Sec. 541. Personnel freeze.
Sec. 542. Professional staff.
Sec. 543. Ex parte communications.
Sec. 544. Timeliness standards.
Sec. 545. Scope of correction of military records.
Subtitle F—Reports
Sec. 551. Report on personnel retention.
Sec. 552. Report on process for selection of members for service on courts-martial.
Sec. 553. Report on prisoners transferred from United States Disciplinary Barracks,
Fort Leavenworth, Kansas, to Federal Bureau of Prisons.
Sec. 554. Review and report regarding the distribution of National Guard full-time
support among the States.
Subtitle G—Other Matters
Sec. 561. Two-year extension of certain force drawdown transition authorities
relating to personnel management and benefits.
Sec. 562. Leave without pay for suspended academy cadets and midshipmen.
Sec. 563. Continued eligibility under Voluntary Separation Incentive program for
members who involuntarily lose membership in a reserve component.
Sec. 564. Reinstatement of definition of financial institution in authorities for reim-
bursement of defense personnel for Government errors in direct deposit
of pay.
Sec. 565. Increase in maximum amount for College Fund program.
Sec. 566. Central Identification Laboratory, Hawaii.
Sec. 567. Military funeral honors for veterans.
Sec. 568. Status in the Naval Reserve of cadets at the Merchant Marine Academy.
Sec. 569. Repeal of restriction on civilian employment of enlisted members.
Sec. 570. Transitional compensation for abused dependent children not residing with
the spouse or former spouse of a member convicted of dependent abuse.
Sec. 571. Pilot program for treating GED and home school diploma recipients as
high school graduates for determinations of eligibility for enlistment in
the Armed Forces.
Sec. 572. Sense of Congress concerning New Parent Support Program and military
families.
Sec. 573. Advancement of Benjamin O. Davis, Junior, to grade of general on the
retired list of the Air Force.
Sec. 574. Sense of the House of Representatives concerning adherence by civilians
in military chain of command to the standard of exemplary conduct
required of commanding officers and others in authority in the Armed
Forces.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1999.
Sec. 602. Rate of pay for cadets and midshipmen at the service academies.
Sec. 603. Basic allowance for housing outside the United States.
Sec. 604. Basic allowance for subsistence for reserves.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Three-month extension of certain bonuses and special pay authorities for
reserve forces.
H. R. 3616—7
Sec. 612. Three-month extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Three-month extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Increased hazardous duty pay for aerial flight crewmembers in certain pay
grades.
Sec. 615. Aviation career incentive pay and aviation officer retention bonus.
Sec. 616. Diving duty special pay for divers having diving duty as a nonprimary
duty.
Sec. 617. Hardship duty pay.
Sec. 618. Selective reenlistment bonus eligibility for Reserve members performing
active Guard and Reserve duty.
Sec. 619. Repeal of 10 percent limitation on certain selective reenlistment bonuses.
Sec. 620. Increase in maximum amount authorized for Army enlistment bonus.
Sec. 621. Equitable treatment of Reserves eligible for special pay for duty subject to
hostile fire or imminent danger.
Sec. 622. Retention incentives initiative for critically short military occupational
specialties.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Payments for movements of household goods arranged by members.
Sec. 632. Exception to maximum weight allowance for baggage and household
effects.
Sec. 633. Travel and transportation allowances for travel performed by members in
connection with rest and recuperative leave from overseas stations.
Sec. 634. Storage of baggage of certain dependents.
Sec. 635. Commercial travel of Reserves at Federal supply schedule rates for attend-
ance at inactive-duty training assemblies.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. Paid-up coverage under Survivor Benefit Plan.
Sec. 642. Survivor Benefit Plan open enrollment period.
Sec. 643. Effective date of court-required former spouse Survivor Benefit Plan
coverage effectuated through elections and deemed elections.
Sec. 644. Presentation of United States flag to members of the Armed Forces upon
retirement.
Sec. 645. Recovery, care, and disposition of remains of medically retired member
who dies during hospitalization that begins while on active duty.
Sec. 646. Revision to computation of retired pay for certain members.
Sec. 647. Elimination of backlog of unpaid retired pay.
Subtitle E—Other Matters
Sec. 651. Definition of possessions of the United States for pay and allowances
purposes.
Sec. 652. Accounting of advance payments.
Sec. 653. Reimbursement of rental vehicle costs when motor vehicle transported at
Government expense is late.
Sec. 654. Education loan repayment program for health professions officers serving
in Selected Reserve.
Sec. 655. Federal employees’ compensation coverage for students participating in
certain officer candidate programs.
Sec. 656. Relationship of enlistment bonuses to eligibility to receive Army college
fund supplement under Montgomery GI Bill Educational Assistance
Program.
Sec. 657. Authority to provide financial assistance for education of certain defense
dependents overseas.
Sec. 658. Clarifications concerning payments to certain persons captured or interned
by North Vietnam.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Dependents’ dental program.
Sec. 702. Expansion of dependent eligibility under retiree dental program.
Sec. 703. Plan for redesign of military pharmacy system.
Sec. 704. Transitional authority to provide continued health care coverage for
certain persons unaware of loss of CHAMPUS eligibility.
Subtitle B—TRICARE Program
Sec. 711. Payment of claims for provision of health care under the TRICARE
program for which a third party may be liable.
H. R. 3616—8
Sec. 712. TRICARE prime automatic enrollments and retiree payment options.
Sec. 713. System for tracking data and measuring performance in meeting
TRICARE access standards.
Sec. 714. Establishment of appeals process for claimcheck denials.
Sec. 715. Reviews relating to accessibility of health care under TRICARE.
Subtitle C—Health Care Services for Medicare-Eligible Department of
Defense Beneficiaries
Sec. 721. Demonstration project to include certain covered beneficiaries within
Federal Employees Health Benefits Program.
Sec. 722. TRICARE as Supplement to Medicare demonstration.
Sec. 723. Implementation of redesign of pharmacy system.
Sec. 724. Comprehensive evaluation of implementation of demonstration projects
and TRICARE pharmacy redesign.
Subtitle D—Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Process for waiving informed consent requirement for administration of
certain drugs to members of Armed Forces for purposes of a particular
military operation.
Sec. 732. Health benefits for abused dependents of members of the Armed Forces.
Sec. 733. Provision of health care at military entrance processing stations and else-
where outside medical treatment facilities.
Sec. 734. Professional qualifications of physicians providing military health care.
Subtitle E—Other Matters
Sec. 741. Enhanced Department of Defense Organ and Tissue Donor program.
Sec. 742. Authorization to establish a Level 1 Trauma Training Center.
Sec. 743. Authority to establish center for study of post-deployment health concerns
of members of the Armed Forces.
Sec. 744. Report on implementation of enrollment-based capitation for funding for
military medical treatment facilities.
Sec. 745. Joint Department of Defense and Department of Veterans Affairs reports
relating to interdepartmental cooperation in the delivery of medical
care.
Sec. 746. Report on research and surveillance activities regarding Lyme disease and
other tick-borne diseases.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Limitation on use of price preference upon achievement of contract goal for
small and disadvantaged businesses.
Sec. 802. Distribution of assistance under the Procurement Technical Assistance
Cooperative Agreement Program.
Sec. 803. Defense commercial pricing management improvement.
Sec. 804. Modification of senior executives covered by limitation on allowability of
compensation for certain contractor personnel.
Sec. 805. Separate determinations of exceptional waivers of truth in negotiation
requirements for prime contracts and subcontracts.
Sec. 806. Procurement of conventional ammunition.
Sec. 807. Para-aramid fibers and yarns.
Sec. 808. Clarification of responsibility for submission of information on prices
previously charged for property or services offered.
Sec. 809. Amendments and study relating to procurement from firms in industrial
base for production of small arms.
Subtitle B—Other Matters
Sec. 811. Eligibility of involuntarily downgraded employee for membership in an
acquisition corps.
Sec. 812. Time for submission of annual report relating to Buy American Act.
Sec. 813. Procurement of travel services for official and unofficial travel under one
contract.
Sec. 814. Department of Defense purchases through other agencies.
Sec. 815. Supervision of defense acquisition university structure by Under Secretary
of Defense for Acquisition and Technology.
Sec. 816. Pilot programs for testing program manager performance of product
support oversight responsibilities for life cycle of acquisition programs.
H. R. 3616—9
Sec. 817. Scope of protection of certain information from disclosure.
Sec. 818. Plan for rapid transition from completion of small business innovation
research into defense acquisition programs.
Sec. 819. Five-year authority for Secretary of the Navy to exchange certain items.
Sec. 820. Permanent authority for use of major range and test facility installations
by commercial entities.
Sec. 821. Inventory exchange authorized for certain fuel delivery contract.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Department of Defense Officers and Organization
Sec. 901. Reduction in number of Assistant Secretary of Defense positions.
Sec. 902. Repeal of statutory requirement for position of Assistant Secretary of
Defense for Command, Control, Communications, and Intelligence.
Sec. 903. Independent task force on transformation and Department of Defense
organization.
Sec. 904. Authority to expand the National Defense University.
Sec. 905. Center for Hemispheric Defense Studies.
Sec. 906. Restructuring of administration of Fisher Houses.
Sec. 907. Management reform for research, development, test, and evaluation activi-
ties.
Subtitle B—Department of Defense Financial Management
Sec. 911. Improved accounting for defense contract services.
Sec. 912. Report on Department of Defense financial management improvement
plan.
Sec. 913. Study of feasibility of performance of Department of Defense finance and
accounting functions by private sector sources or other Federal sources.
Sec. 914. Limitation on reorganization and consolidation of operating locations of
the Defense Finance and Accounting Service.
Sec. 915. Annual report on resources allocated to support and mission activities.
Subtitle C—Joint Warfighting Experimentation
Sec. 921. Findings concerning joint warfighting experimentation.
Sec. 922. Sense of Congress concerning joint warfighting experimentation.
Sec. 923. Reports on joint warfighting experimentation.
Subtitle D—Other Matters
Sec. 931. Further reductions in defense acquisition and support workforce.
Sec. 932. Limitation on operation and support funds for the Office of the Secretary
of Defense.
Sec. 933. Clarification and simplification of responsibilities of Inspectors General
regarding whistleblower protections.
Sec. 934. Repeal of requirement relating to assignment of tactical airlift mission to
reserve components.
Sec. 935. Consultation with Marine Corps on major decisions directly concerning
Marine Corps aviation.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of prior emergency supplemental appropriations for fiscal
year 1998.
Sec. 1004. Authorization of appropriations for Bosnia peacekeeping operations for
fiscal year 1999.
Sec. 1005. Partnership for Peace Information Management System.
Sec. 1006. United States contribution to NATO common-funded budgets in fiscal
year 1999.
Sec. 1007. Liquidity of working-capital funds.
Sec. 1008. Termination of authority to manage working-capital funds and certain
activities through the Defense Business Operations Fund.
Sec. 1009. Clarification of authority to retain recovered costs of disposals in work-
ing-capital funds.
Sec. 1010. Crediting of amounts recovered from third parties for loss or damage to
personal property shipped or stored at Government expense.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Revision to requirement for continued listing of two Iowa-class battle-
ships on the Naval Vessel Register.
H. R. 3616—10
Sec. 1012. Transfer of U.S.S. NEW JERSEY.
Sec. 1013. Homeporting of the U.S.S. IOWA in San Francisco, California.
Sec. 1014. Sense of Congress concerning the naming of an LPD–17 vessel.
Sec. 1015. Reports on naval surface fire-support capabilities.
Sec. 1016. Long-term charter of three vessels in support of submarine rescue, escort,
and towing.
Sec. 1017. Transfer of obsolete Army tugboat.
Subtitle C—Counter-Drug Activities and Other Assistance for Civilian Law
Enforcement
Sec. 1021. Department of Defense support to other agencies for counter-drug activi-
ties.
Sec. 1022. Department of Defense support of National Guard drug interdiction and
counter-drug activities.
Sec. 1023. Department of Defense counter-drug activities in transit zone.
Subtitle D—Miscellaneous Report Requirements and Repeals
Sec. 1031. Repeal of unnecessary and obsolete reporting provisions.
Sec. 1032. Report regarding use of tagging system to identify hydrocarbon fuels used
by Department of Defense.
Subtitle E—Armed Forces Retirement Home
Sec. 1041. Appointment of Director and Deputy Director of the Naval Home.
Sec. 1042. Revision of inspection requirements relating to Armed Forces Retirement
Home.
Sec. 1043. Clarification of land conveyance authority, Armed Forces Retirement
Home.
Subtitle F—Matters Relating to Defense Property
Sec. 1051. Plan for improved demilitarization of excess and surplus defense prop-
erty.
Sec. 1052. Transfer of F–4 Phantom II aircraft to foundation.
Subtitle G—Other Department of Defense Matters
Sec. 1061. Pilot program on alternative notice of receipt of legal process for garnish-
ment of Federal pay for child support and alimony.
Sec. 1062. Training of special operations forces with friendly foreign forces.
Sec. 1063. Research grants competitively awarded to service academies.
Sec. 1064. Department of Defense use of frequency spectrum.
Sec. 1065. Department of Defense aviation accident investigations.
Sec. 1066. Investigation of actions relating to 174th Fighter Wing of New York Air
National Guard.
Sec. 1067. Program to commemorate 50th anniversary of the Korean War.
Sec. 1068. Designation of America’s National Maritime Museum.
Sec. 1069. Technical and clerical amendments.
Subtitle H—Other Matters
Sec. 1071. Act constituting Presidential approval of vessel war risk insurance
requested by the Secretary of Defense.
Sec. 1072. Extension and reauthorization of Defense Production Act of 1950.
Sec. 1073. Requirement that burial flags furnished by the Secretary of Veterans
Affairs be wholly produced in the United States.
Sec. 1074. Sense of Congress concerning tax treatment of principal residence of
members of Armed Forces while away from home on active duty.
Sec. 1075. Clarification of State authority to tax compensation paid to certain
employees.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Defense Advanced Research Projects Agency experimental personnel
management program for technical personnel.
Sec. 1102. Maximum pay rate comparability for faculty members of the United
States Air Force Institute of Technology.
Sec. 1103. Authority for release to Coast Guard of drug test results of civil service
mariners of the Military Sealift Command.
Sec. 1104. Limitations on back pay awards.
Sec. 1105. Restoration of annual leave accumulated by civilian employees at instal-
lations in the Republic of Panama to be closed pursuant to the Panama
Canal Treaty of 1977.
Sec. 1106. Repeal of program providing preference for employment of military
spouses in military child care facilities.
H. R. 3616—11
Sec. 1107. Observance of certain holidays at duty posts outside the United States.
Sec. 1108. Continuation of random drug testing program for certain Department of
Defense employees.
Sec. 1109. Department of Defense employee voluntary early retirement authority.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—United States Armed Forces in Bosnia and Herzegovina
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Presidential reports.
Sec. 1204. Secretary of Defense reports on operations in Bosnia and Herzegovina.
Sec. 1205. Definitions.
Subtitle B—Matters Relating to Contingency Operations
Sec. 1211. Report on involvement of Armed Forces in contingency and ongoing oper-
ations.
Sec. 1212. Submission of report on objectives of a contingency operation with
requests for funding for the operation.
Subtitle C—Matters Relating to NATO and Europe
Sec. 1221. Limitation on United States share of costs of NATO expansion.
Sec. 1222. Report on military capabilities of an expanded NATO alliance.
Sec. 1223. Reports on the development of the European security and defense
identity.
Subtitle D—Other Matters
Sec. 1231. Limitation on assignment of United States forces for certain United
Nations purposes.
Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto Protocol to the
United Nations Framework Convention on Climate Change.
Sec. 1233. Defense burdensharing.
Sec. 1234. Transfer of excess UH–1 Huey and AH–1 Cobra helicopters to foreign
countries.
Sec. 1235. Transfers of naval vessels to certain foreign countries.
Sec. 1236. Repeal of landmine moratorium.
Sec. 1237. Application of authorities under the International Emergency Economic
Powers Act to Communist Chinese military companies.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction Programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitation on use of funds for chemical weapons destruction activities in
Russia.
Sec. 1305. Limitation on use of funds for biological weapons proliferation prevention
activities in Russia.
Sec. 1306. Cooperative counter proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by project
category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet weapons of mass
destruction programs.
TITLE XIV—DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST
WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of terrorist use of weapons
of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response capabilities for terrorism
involving weapons of mass destruction.
TITLE XV—MATTERS RELATING TO ARMS CONTROL, EXPORT
CONTROLS, AND COUNTERPROLIFERATION
Subtitle A—Arms Control Matters
Sec. 1501. One-year extension of limitation on retirement or dismantlement of
strategic nuclear delivery systems.
H. R. 3616—12
Sec. 1502. Transmission of executive branch reports providing Congress with classi-
fied summaries of arms control developments.
Sec. 1503. Report on adequacy of emergency communications capabilities between
United States and Russia.
Sec. 1504. Russian nonstrategic nuclear weapons.
Subtitle B—Satellite Export Controls
Sec. 1511. Sense of Congress.
Sec. 1512. Certification of exports of missile equipment or technology to China.
Sec. 1513. Satellite controls under the United States Munitions List.
Sec. 1514. National security controls on satellite export licensing.
Sec. 1515. Report on export of satellites for launch by People’s Republic of China.
Sec. 1516. Related items defined.
Subtitle C—Other Export Control Matters
Sec. 1521. Authority for export control activities of the Department of Defense.
Sec. 1522. Release of export information by Department of Commerce to other
agencies for purpose of national security assessment.
Sec. 1523. Nuclear export reporting requirement.
Sec. 1524. Execution of objection authority within the Department of Defense.
Subtitle D—Counterproliferation Matters
Sec. 1531. One-year extension of counterproliferation authorities for support of
United Nations Special Commission on Iraq.
Sec. 1532. Sense of Congress on nuclear tests in South Asia.
Sec. 1533. Report on requirements for response to increased missile threat in Asia-
Pacific region.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out fiscal year 1998 projects.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization to accept road construction project, Marine Corps Base,
Camp Lejeune, North Carolina.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Repeal of fiscal year 1997 authorization of appropriations for certain
military housing improvement program.
Sec. 2406. Modification of authority to carry out certain fiscal year 1995 projects.
Sec. 2407. Modification of authority to carry out fiscal year 1990 project.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
H. R. 3616—13
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998 project.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects.
Sec. 2703. Extension of authorization of fiscal year 1995 project.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Architectural and engineering services and construction design.
Sec. 2802. Expansion of Army overseas family housing lease authority.
Sec. 2803. Definition of ancillary supporting facilities under alternative authority for
acquisition and improvement of military housing.
Sec. 2804. Purchase of build-to-lease family housing at Eielson Air Force Base,
Alaska.
Sec. 2805. Report relating to improvement of housing for unaccompanied members.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Exceptions to real property transaction reporting requirements for war
and certain emergency and other operations.
Sec. 2812. Restoration of Department of Defense lands used by another Federal
agency.
Sec. 2813. Outdoor recreation development on military installations for disabled
veterans, military dependents with disabilities, and other persons with
disabilities.
Sec. 2814. Report on leasing and other alternative uses of nonexcess military prop-
erty.
Sec. 2815. Report on implementation of utility system conveyance authority.
Subtitle C—Defense Base Closure and Realignment
Sec. 2821. Applicability of property disposal laws to leases at installations to be
closed or realigned under base closure laws.
Sec. 2822. Elimination of waiver authority regarding prohibition against certain
conveyances of property at Naval Station, Long Beach, California.
Sec. 2823. Payment of stipulated penalties assessed under CERCLA in connection
with McClellan Air Force Base, California.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Modification of land conveyance, Army Reserve Center, Youngstown,
Ohio.
Sec. 2832. Release of interests in real property, former Kennebec Arsenal, Augusta,
Maine.
Sec. 2833. Release, waiver, or conveyance of interests in real property, former
Redstone Army Arsenal property, Alabama.
Sec. 2834. Conveyance of utility systems, Lone Star Army Ammunition Plant, Texas.
Sec. 2835. Conveyance of water rights and related interests, Rocky Mountain Arse-
nal, Colorado, for purposes of acquisition of perpetual contracts for
water.
Sec. 2836. Land conveyance, Army Reserve Center, Massena, New York.
Sec. 2837. Land conveyance, Army Reserve Center, Ogdensburg, New York.
Sec. 2838. Land conveyance, Army Reserve Center, Jamestown, Ohio.
Sec. 2839. Land conveyance, Army Reserve Center, Peoria, Illinois.
Sec. 2840. Land conveyance, Army Reserve Center, Bridgton, Maine.
Sec. 2841. Land conveyance, Fort Sheridan, Illinois.
Sec. 2842. Land conveyance, Skaneateles, New York.
Sec. 2843. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2844. Land conveyance, Volunteer Army Ammunition Plant, Chattanooga,
Tennessee.
Sec. 2845. Land conveyance, Stewart Amy Sub-Post, New Windsor, New York.
PART II—NAVY CONVEYANCES
Sec. 2851. Conveyance of easement, Marine Corps Base, Camp Pendleton,
California.
H. R. 3616—14
Sec. 2852. Land exchange, Naval Reserve Readiness Center, Portland, Maine.
Sec. 2853. Land conveyance, Naval and Marine Corps Reserve facility, Youngstown,
Ohio.
Sec. 2854. Land conveyance, Naval Air Reserve Center, Minneapolis, Minnesota.
PART III—AIR FORCE CONVEYANCES
Sec. 2861. Modification of land conveyance, Eglin Air Force Base, Florida.
Sec. 2862. Modification of land conveyance, Finley Air Force Station, North Dakota.
Sec. 2863. Land conveyance, Lake Charles Air Force Station, Louisiana.
Sec. 2864. Land conveyance, Air Force Housing Facility, La Junta, Colorado.
Subtitle E—Other Matters
Sec. 2871. Modification of authority relating to Department of Defense Laboratory
Revitalization Demonstration Program.
Sec. 2872. Repeal of prohibition on joint use of Gray Army Airfield, Fort Hood,
Texas, with civil aviation.
Sec. 2873. Modification of demonstration project for purchase of fire, security, police,
public works, and utility services from local government agencies.
Sec. 2874. Designation of building containing Navy and Marine Corps Reserve
Center, Augusta, Georgia.
TITLE XXIX—JUNIPER BUTTE RANGE WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation.
Sec. 2903. Map and legal description.
Sec. 2904. Agency agreement.
Sec. 2905. Right-of-way grants.
Sec. 2906. Indian sacred sites.
Sec. 2907. Actions concerning ranching operations in withdrawn area.
Sec. 2908. Management of withdrawn and reserved lands.
Sec. 2909. Integrated natural resource management plan.
Sec. 2910. Memorandum of understanding.
Sec. 2911. Maintenance of roads.
Sec. 2912. Management of withdrawn and acquired mineral resources.
Sec. 2913. Hunting, fishing, and trapping.
Sec. 2914. Water rights.
Sec. 2915. Duration of withdrawal.
Sec. 2916. Environmental remediation of relinquished withdrawn lands or upon
termination of withdrawal.
Sec. 2917. Delegation of authority.
Sec. 2918. Hold harmless.
Sec. 2919. Authorization of appropriations.
DIVISION 
C—DEPARTMENT 
OF 
ENERGY 
NATIONAL
SECURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department of
Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Permanent extension of funding prohibition relating to international
cooperative stockpile stewardship.
H. R. 3616—15
Sec. 3132. Support of ballistic missile defense activities of the Department of
Defense.
Sec. 3133. Nonproliferation activities.
Sec. 3134. Licensing of certain mixed oxide fuel fabrication and irradiation facilities.
Sec. 3135. Continuation of processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3136. Authority for Department of Energy federally funded research and devel-
opment centers to participate in merit-based technology research and
development programs.
Sec. 3137. Activities of Department of Energy facilities.
Sec. 3138. Hanford overhead and service center costs.
Sec. 3139. Hanford waste tank cleanup program reforms.
Sec. 3140. Hanford Health Information Network.
Sec. 3141. Hazardous materials management and emergency response training
program.
Sec. 3142. Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico.
Sec. 3143. Relocation of National Atomic Museum, Albuquerque, New Mexico.
Sec. 3144. Tritium production.
Subtitle D—Other Matters
Sec. 3151. Study and plan relating to worker and community transition assistance.
Sec. 3152. Extension of authority for appointment of certain scientific, engineering,
and technical personnel.
Sec. 3153. Requirement for plan to modify employment system used by Department
of Energy in defense environmental management programs.
Sec. 3154. Department of Energy nuclear materials couriers.
Sec. 3155. Increase in maximum rate of pay for scientific, engineering, and technical
personnel responsible for safety at defense nuclear facilities.
Sec. 3156. Extension of authority of Department of Energy to pay voluntary separa-
tion incentive payments.
Sec. 3157. Repeal of fiscal year 1998 statement of policy on stockpile stewardship
program.
Sec. 3158. Report on stockpile stewardship criteria.
Sec. 3159. Panel to assess the reliability, safety, and security of the United States
nuclear stockpile.
Sec. 3160. International cooperative information exchange.
Sec. 3161. Protection against inadvertent release of restricted data and formerly
restricted data.
Sec. 3162. Sense of Congress regarding treatment of Formerly Utilized Sites Reme-
dial Action Program under a nondefense discretionary budget function.
Sec. 3163. Reports relating to tritium production.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile.
Sec. 3304. Use of stockpile funds for certain environmental remediation, restoration,
waste management, and compliance activities.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Definitions.
Sec. 3402. Authorization of appropriations.
Sec. 3403. Disposal of Naval Petroleum Reserve Numbered 2.
Sec. 3404. Disposal of Naval Petroleum Reserve Numbered 3.
Sec. 3405. Disposal of Oil Shale Reserve Numbered 2.
Sec. 3406. Administration.
TITLE XXXV—PANAMA CANAL COMMISSION
Sec. 3501. Short title; references to Panama Canal Act of 1979.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Sec. 3505. Donations to the Commission.
Sec. 3506. Agreements for United States to provide post-transfer administrative
services for certain employee benefits.
Sec. 3507. Sunset of United States overseas benefits just before transfer.
H. R. 3616—16
Sec. 3508. Central examining office.
Sec. 3509. Liability for vessel accidents.
Sec. 3510. Panama Canal Board of Contract Appeals.
Sec. 3511. Restatement of requirement that Secretary of Defense designee on
Panama Canal Commission supervisory board be a current officer of the
Department of Defense.
Sec. 3512. Technical amendments.
TITLE XXXVI—MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1999.
Sec. 3602. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3603. Authority to convey certain National Defense Reserve Fleet vessels.
Sec. 3604. Clearinghouse for maritime information.
Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY.
TITLE XXXVII—INCREASED MONITORING OF PRODUCTS MADE WITH
FORCED LABOR
Sec. 3701. Authorization for additional customs personnel to monitor the importa-
tion of products made with forced labor.
Sec. 3702. Reporting requirement on forced labor products destined for the United
States market.
Sec. 3703. Renegotiating memoranda of understanding on forced labor.
TITLE XXXVIII—FAIR TRADE IN AUTOMOTIVE PARTS
Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Re-establishment of initiative on automotive parts sales to Japan.
Sec. 3804. Establishment of Special Advisory Committee on automotive parts sales
in Japanese and other Asian markets.
Sec. 3805. Expiration date.
TITLE XXXIX—RADIO FREE ASIA
Sec. 3901. Short title.
Sec. 3902. Authorization of appropriations for increased funding for Radio Free Asia
and Voice of America broadcasting to China.
Sec. 3903. Reporting requirement.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional defense
committees’’ means—
(1) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
(2) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee program.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for Longbow Hellfire Missile program.
Sec. 112. Conditions for award of a second-source procurement contract for the
Family of Medium Tactical Vehicles.
H. R. 3616—17
Sec. 113. Armored system modernization.
Sec. 114. Reactive armor tiles.
Sec. 115. Extension of authority to carry out Armament Retooling and Manufactur-
ing Support Initiative.
Subtitle C—Navy Programs
Sec. 121. CVN–77 nuclear aircraft carrier program.
Sec. 122. Increase in amount authorized to be excluded from cost limitation for
Seawolf submarine program.
Sec. 123. Multiyear procurement authority for the Department of the Navy.
Sec. 124. Annual GAO review of F/A–18E/F aircraft program.
Subtitle D—Air Force Programs
Sec. 131. F–22 aircraft program.
Sec. 132. C–130J aircraft program.
Subtitle E—Other Matters
Sec. 141. Chemical stockpile emergency preparedness program.
Sec. 142. Alternative technologies for destruction of assembled chemical weapons.
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
1999 for procurement for the Army as follows:
(1) For aircraft, $1,396,047,000.
(2) For missiles, $1,228,229,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$1,507,551,000.
(4) For ammunition, $1,016,255,000.
(5) For other procurement, $3,344,932,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 1999 for procurement for the Navy as follows:
(1) For aircraft, $7,642,200,000.
(2) For weapons, including missiles and torpedoes,
$1,223,903,000.
(3) For shipbuilding and conversion, $6,033,480,000.
(4) For other procurement, $4,042,975,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1999 for procurement for the Marine Corps
in the amount of $881,896,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for procurement of ammunition for
the Navy and the Marine Corps in the amount of $463,339,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
1999 for procurement for the Air Force as follows:
(1) For aircraft, $8,350,617,000.
(2) For missiles, $2,210,640,000.
(3) For ammunition, $383,161,000.
(4) For other procurement, $6,950,372,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
1999 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$1,954,828,000.
H. R. 3616—18
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year
1999 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Armed
Forces as follows:
(1) For the Army National Guard, $10,000,000.
(2) For the Air National Guard, $10,000,000.
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,000.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year
1999 for procurement for the Inspector General of the Department
of Defense in the amount of $1,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year
1999 the amount of $803,000,000 for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year
1999 for the Department of Defense for procurement for carrying
out health care programs, projects, and activities of the Department
of Defense in the total amount of $402,387,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year
1999 for the Department of Defense for carrying out the Defense
Export Loan Guarantee Program under section 2540 of title 10,
United States Code, in the total amount of $1,250,000.
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR LONGBOW
HELLFIRE MISSILE PROGRAM.
Beginning with the fiscal year 1999 program year, the Secretary
of the Army may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear procurement contract
for procurement of the AGM–114 Longbow Hellfire missile.
SEC. 112. CONDITIONS FOR AWARD OF A SECOND-SOURCE PROCURE-
MENT CONTRACT FOR THE FAMILY OF MEDIUM TAC-
TICAL VEHICLES.
The Secretary of the Army may award a second-source procure-
ment contract for the production of the Family of Medium Tactical
Vehicles only after the Secretary certifies in writing to the congres-
sional defense committees—
(1) that the total quantity of vehicles within the Family
of Medium Tactical Vehicles program that the Secretary will
H. R. 3616—19
require to be delivered (under all contracts) in any 12-month
period will be sufficient to enable the prime contractor to main-
tain a minimum economic production level;
(2) that the total cost to the Army of the procurements
under the prime and second-source contracts over the period
of those contracts will be the same as or lower than the amount
that would be the total cost of the procurements if only one
such contract were awarded; and
(3) that the vehicles to be produced under those contracts
will be produced with common components that will be inter-
changeable among similarly configured models.
SEC. 113. ARMORED SYSTEM MODERNIZATION.
(a) FUNDING.—Of the funds appropriated pursuant to the
authorization of appropriations in section 101(3) for M1 Abrams
Tank Modifications—
(1) $14,300,000 shall be obligated for procurements associ-
ated with the M1A1D Applique´ Integration Program, of which
no more than $11,400,000 may be obligated before the end
of the 30-day period beginning on the date on which the Sec-
retary of the Army submits the report required under sub-
section (b); and
(2) $6,000,000 shall be obligated to develop a M1A2 risk
reduction program.
(b) REPORT.—(1) Not later than January 31, 1999, the Secretary
of the Army shall submit to the congressional defense committees
a report on Army armored system modernization programs. The
report shall include—
(A) an assessment of the current acquisition and fielding
strategy of the Army for the M1 Abrams Tank and M2A3
Bradley Fighting Vehicle; and
(B) a description and assessment of alternatives to that
strategy, including an assessment of an alternative fielding
strategy that provides for placing all of the armored vehicles
configured in the latest variant into one heavy corps.
(2) The assessment of each alternative acquisition and fielding
strategy under paragraph (1)(B) shall include the following:
(A) The relative effects of that strategy on warfighting
capabilities in terms of operational effectiveness and training
and support efficiencies, taking into consideration the joint
warfighting context.
(B) How that strategy would facilitate the transition to
the Future Scout and Cavalry System, the Future Combat
System, or other armored systems for the future force structure
known as the Army After Next.
(C) How that strategy fits into the context of overall
armored system modernization through 2020.
(D) Budgetary implications.
(E) Implications for the national technology and industrial
base.
(F) Innovative techniques and alternatives for maintaining
M1A2 System Enhancement Program production.
(3) The Secretary shall include in the report a draft of any
legislation that may be required to execute a given alternative
for M1A2 System Enhancement Program production.
(c) GAO EVALUATION.—The Comptroller General shall review
the report of the Secretary of the Army under subsection (b) and,
H. R. 3616—20
not later than 30 days after the date on which that report is
submitted to the congressional defense committees, shall submit
to those committees a report providing the Comptroller General’s
views on the conclusions of the Secretary of the Army set forth
in that report.
SEC. 114. REACTIVE ARMOR TILES.
(a) LIMITATION.—None of the funds authorized to be appro-
priated under section 101(3) or 102(b) may be obligated for the
procurement of reactive armor tiles until 30 days after the date
on which the Secretary of Defense submits to the congressional
defense committees the matters specified in subsection (d).
(b) EXCEPTION.—The limitation in subsection (a) does not apply
to the obligation of any funds for the procurement of armor tiles
for an armored vehicle for which the Secretary of the Army or,
in the case of the Marine Corps, the Secretary of the Navy, had
established a requirement for such tiles before the date of the
enactment of this Act.
(c) STUDY REQUIRED.—(1) The Secretary of Defense shall con-
tract with an entity independent of the Department of Defense
to conduct a study of the operational requirements of the Army
and the Marine Corps for reactive armor tiles for armored vehicles
and to submit to the Secretary a report on the results of the
study.
(2) The study shall include the following:
(A) A detailed assessment of the operational requirements
of the Army and the Marine Corps for reactive armor tiles
for each of the armored vehicles presently in use, including
the requirements for each vehicle in its existing configurations
and in configurations proposed for the vehicle.
(B) For each armored vehicle, an analysis of the costs
and benefits of the procurement and installation of the tiles,
including a comparison of those costs and benefits with the
costs and benefits of any existing upgrade program for the
armored vehicle.
(3) The entity carrying out the study shall request the views
of the Secretary of the Army and the Secretary of the Navy.
(d) SUBMISSION
TO CONGRESSIONAL COMMITTEES.—Not later
than April 1, 1999, the Secretary of Defense shall submit to the
congressional defense committees—
(1) the report on the study submitted to the Secretary
by the entity carrying out the study;
(2) the comments of the Secretary of the Army and the
Secretary of the Navy on the study; and
(3) for each vehicle for which there is a requirement for
reactive armor tiles, as indicated by the results of the study,
the Secretary’s recommendations as to the number of vehicles
to be equipped with such tiles.
SEC. 115. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT
RETOOLING AND MANUFACTURING SUPPORT INITIA-
TIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102–
484; 10 U.S.C. 2501 note) is amended by striking out ‘‘During
fiscal years 1993 through 1998’’ and inserting in lieu thereof ‘‘During
fiscal years 1993 through 1999’’.
H. R. 3616—21
Subtitle C—Navy Programs
SEC. 121. CVN–77 NUCLEAR AIRCRAFT CARRIER PROGRAM.
Of the amount authorized to be appropriated under section
102(a)(3) for fiscal year 1999, $124,500,000 is available for the
advance procurement and advance construction of components
(including nuclear components) for the CVN–77 nuclear aircraft
carrier program.
SEC. 122. INCREASE IN AMOUNT AUTHORIZED TO BE EXCLUDED FROM
COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
Section 123(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1650) is amended
by striking out ‘‘$272,400,000’’ and inserting in lieu thereof
‘‘$557,600,000’’.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPART-
MENT OF THE NAVY.
(a) AUTHORITY
FOR SPECIFIED NAVY AIRCRAFT PROGRAMS.—
Beginning with the fiscal year 1999 program year, the Secretary
of the Navy may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear procurement contract
for procurement for the following programs:
(1) The AV–8B aircraft program.
(2) The T–45TS aircraft program.
(3) The E–2C aircraft program.
(b) AUTHORITY FOR MARINE CORPS MEDIUM TACTICAL VEHICLE
REPLACEMENT.—Beginning with the fiscal year 1999 program year,
the Secretary of the Navy may, in accordance with section 2306b
of title 10, United States Code, enter into a multiyear procurement
contract to procure the Marine Corps Medium Tactical Vehicle
Replacement.
SEC. 124. ANNUAL GAO REVIEW OF F/A–18E/F AIRCRAFT PROGRAM.
(a) REVIEW AND REPORT REQUIRED.—Not later than June 15
of each year, the Comptroller General shall review the F/A–18E/
F aircraft program and submit to Congress a report on the results
of the review. The Comptroller General shall submit to Congress
with each such report a certification as to whether the Comptroller
General has had access to sufficient information to make informed
judgments on the matters covered by the report.
(b) CONTENT OF REPORT.—The report submitted on the program
each year shall include the following:
(1) The extent to which engineering and manufacturing
development and operational test and evaluation under the
program are meeting the goals established for engineering and
manufacturing development and operational test and evalua-
tion under the program, including the performance, cost, and
schedule goals.
(2) The status of modifications expected to have a signifi-
cant effect on the cost or performance of the F/A–18E/F aircraft.
(c) DURATION OF REQUIREMENT.—No report is required under
this section after the full-rate production contract is awarded under
the program.
(d) REQUIREMENT TO SUPPORT ANNUAL GAO REVIEW.—The Sec-
retary of Defense and the prime contractors under the F/A–18E/
F program shall timely provide the Comptroller General with such
H. R. 3616—22
information on the program, including information on program
performance, as the Comptroller General considers necessary to
carry out this section.
Subtitle D—Air Force Programs
SEC. 131. F–22 AIRCRAFT PROGRAM.
(a) LIMITATION
ON
ADVANCE
PROCUREMENT.—(1) Amounts
available for the Department of Defense for any fiscal year for
the F–22 aircraft program may not be obligated for advance procure-
ment for the six Lot II F–22 aircraft before the applicable date
under paragraph (2) or (3).
(2) The applicable date for the purposes of paragraph (1) is
the date on which the Secretary of Defense submits a certification
under subsection (b)(1) unless the Secretary submits a report under
subsection (b)(2).
(3) If the Secretary submits a report under subsection (b)(2),
the applicable date for the purposes of paragraph (1) is the later
of—
(A) the date on which the Secretary of Defense submits
the report; or
(B) the date on which the Director of Operational Test
and Evaluation submits the certification required under sub-
section (c).
(b) CERTIFICATION BY SECRETARY OF DEFENSE.—(1) Upon the
completion of 433 hours of flight testing of F–22 flight test vehicles,
the Secretary of Defense shall submit to the congressional defense
committees a certification of the completion of that amount of
flight testing. A certification is not required under this paragraph
if the Secretary submits a report under paragraph (2).
(2) If the Secretary determines that a number of hours of
flight testing of F–22 flight test vehicles less than 433 hours pro-
vides the Defense Acquisition Board with a sufficient basis for
deciding to proceed into production of Lot II F–22 aircraft, the
Secretary may submit a report to the congressional defense commit-
tees upon the completion of that lesser number of hours of flight
testing. A report under this paragraph shall contain the following:
(A) A certification of the number of hours of flight testing
completed.
(B) The reasons for the Secretary’s determination that the
lesser number of hours is a sufficient basis for a decision
by the board.
(C) A discussion of the extent to which the Secretary’s
determination is consistent with each decision made by the
Defense Acquisition Board since January 1997 in the case
of a major aircraft acquisition program that the amount of
flight testing completed for the program was sufficient or not
sufficient to justify a decision to proceed into low-rate initial
production.
(D) A determination by the Secretary that it is more finan-
cially advantageous for the Department to proceed into produc-
tion of Lot II F–22 aircraft than to delay production until
completion of 433 hours of flight testing, together with the
reasons for that determination.
(c) CERTIFICATION
BY
THE DIRECTOR
OF OPERATIONAL TEST
AND EVALUATION.—Upon the completion of 183 hours of the flight
H. R. 3616—23
testing of F–22 flight test vehicles provided for in the test and
evaluation master plan for the F–22 aircraft program, as in effect
on October 1, 1997, the Director of Operational Test and Evaluation
shall submit to the congressional defense committees a certification
of the completion of that flight testing.
SEC. 132. C–130J AIRCRAFT PROGRAM.
Not later than March 1, 1999, the Secretary of Defense shall
review the C–130J aircraft program and submit a report on the
program to the congressional defense committees. The report shall
include at least the following:
(1) A discussion of the testing planned and the testing
conducted under the program, including—
(A) the testing schedule intended at the beginning
of the program;
(B) the testing schedule as of when the testing com-
menced; and
(C) an explanation of the time taken for the testing.
(2) The cost and schedule of the program, including—
(A) whether the Department has exercised or plans
to exercise contract options for fiscal years 1996, 1997,
1998, and 1999;
(B) when the Department expects the aircraft to be
delivered and how the delivery dates compare to the deliv-
ery dates specified in the contract;
(C) whether the Department expects to make any modi-
fication to the negotiated contract price for these aircraft,
and the amount and basis for any such modification; and
(D) whether the Department expects the reported
delays and overruns in the development of the aircraft
to have any other impact on the cost, schedule, or perform-
ance of the aircraft.
Subtitle E—Other Matters
SEC. 141. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PRO-
GRAM.
(a) ASSISTANCE TO STATE AND LOCAL GOVERNMENTS.—Section
1412 of the Department of Defense Authorization Act, 1986 (Public
Law 99–145; 50 U.S.C. 1521), is amended by adding at the end
of subsection (c) the following:
‘‘(4)(A) In coordination with the Secretary of the Army and
in accordance with agreements between the Secretary of the Army
and the Director of the Federal Emergency Management Agency,
the Director shall carry out a program to provide assistance to
State and local governments in developing capabilities to respond
to emergencies involving risks to the public health or safety within
their jurisdictions that are identified by the Secretary as being
risks resulting from—
‘‘(i) the storage of lethal chemical agents and munitions
referred to in subsection (a) at military installations in the
continental United States; or
‘‘(ii) the destruction of such agents and munitions at facili-
ties referred to in paragraph (1)(B).
H. R. 3616—24
‘‘(B) No assistance may be provided under this paragraph after
the completion of the destruction of the United States’ stockpile
of lethal chemical agents and munitions.
‘‘(C) Not later than December 15 of each year, the Director
shall transmit a report to Congress on the activities carried out
under this paragraph during the fiscal year preceding the fiscal
year in which the report is submitted.’’.
(b) PROGRAM FUNDING.—Section 1412(f ) of such Act (51 U.S.C.
1521(f )) is amended—
(1) by striking out ‘‘IDENTIFICATION
OF FUNDS.—Funds’’
and inserting in lieu thereof ‘‘IDENTIFICATION OF FUNDS.—(1)
Funds’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Amounts appropriated to the Secretary for the purpose
of carrying out subsection (c)(4) shall be promptly made available
to the Director of the Federal Emergency Management Agency.’’.
(c) PERIODIC REPORTS.—Section 1412(g) of such Act (50 U.S.C.
1521(g)) is amended—
(1) in paragraph (2)(B)—
(A) by striking out ‘‘and’’ at the end of clause (v);
(B) by striking out the period at the end of clause
(vi) and inserting in lieu thereof ‘‘; and’’; and
(C) by adding at the end the following new clause:
‘‘(vii) grants to State and local governments to assist
those governments in carrying out functions relating to
emergency preparedness and response in accordance with
subsection (c)(3).’’;
(2) by redesignating subparagraph (B) (as amended by
paragraph (1)) and subparagraph (C) of paragraph (2) as sub-
paragraphs (C) and (D), respectively; and
(3) by inserting after paragraph (2)(A) the following new
subparagraph (B):
‘‘(B) A site-by-site description of actions taken to assist
State and local governments (either directly or through the
Federal Emergency Management Agency) in carrying out func-
tions relating to emergency preparedness and response in
accordance with subsection (c)(3).’’.
SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF
ASSEMBLED CHEMICAL WEAPONS.
(a) PROGRAM MANAGEMENT.—The program manager for the
Assembled Chemical Weapons Assessment shall continue to manage
the development and testing (including demonstration and pilot-
scale testing) of technologies for the destruction of lethal chemical
munitions that are potential or demonstrated alternatives to the
baseline incineration program. In performing such management,
the program manager shall act independently of the program man-
ager for Chemical Demilitarization and shall report to the Under
Secretary of Defense for Acquisition and Technology.
(b) POST-DEMONSTRATION ACTIVITIES.—(1) The program man-
ager for the Assembled Chemical Weapons Assessment may carry
out those activities necessary to ensure that an alternative tech-
nology for the destruction of lethal chemical munitions can be
implemented immediately after—
(A) the technology has been demonstrated to be successful;
and
H. R. 3616—25
(B) the Under Secretary of Defense for Acquisition and
Technology has submitted a report on the demonstration to
Congress that includes a decision to proceed with the pilot-
scale facility phase for an alternative technology.
(2) To prepare for the immediate implementation of any such
technology, the program manager may, during fiscal years 1998
and 1999, take the following actions:
(A) Establish program requirements.
(B) Prepare procurement documentation.
(C) Develop environmental documentation.
(D) Identify and prepare to meet public outreach and public
participation requirements.
(E) Prepare to award a contract for the design, construction,
and operation of a pilot facility for the technology to the pro-
vider team for the technology not later than December 30,
1999.
(c) INDEPENDENT
EVALUATION.—The Under Secretary of
Defense for Acquisition and Technology shall provide for an
independent evaluation of the cost and schedule of the Assembled
Chemical Weapons Assessment, which shall be performed and
submitted to the Under Secretary not later than September 30,
1999. The evaluation shall be performed by a nongovernmental
organization qualified to make such an evaluation.
(d) PILOT FACILITIES CONTRACTS.—(1) The Under Secretary
of Defense for Acquisition and Technology shall determine whether
to proceed with pilot-scale testing of a technology referred to in
paragraph (2) in time to award a contract for the design, construc-
tion, and operation of a pilot facility for the technology to the
provider team for the technology not later than December 30, 1999.
If the Under Secretary determines to proceed with such testing,
the Under Secretary shall (exercising the acquisition authority of
the Secretary of Defense) so award a contract not later than such
date.
(2) Paragraph (1) applies to an alternative technology for the
destruction of lethal chemical munitions, other than incineration,
that the Under Secretary—
(A) certifies in writing to Congress is—
(i) as safe and cost effective for disposing of assembled
chemical munitions as is incineration of such munitions;
and
(ii) is capable of completing the destruction of such
munitions on or before the later of the date by which
the destruction of the munitions would be completed if
incineration were used or the deadline date for completing
the destruction of the munitions under the Chemical Weap-
ons Convention; and
(B) determines as satisfying the Federal and State environ-
mental and safety laws that are applicable to the use of the
technology and to the design, construction, and operation of
a pilot facility for use of the technology.
(3) The Under Secretary shall consult with the National
Research Council in making determinations and certifications for
the purpose of paragraph (2).
(4) In this subsection, the term ‘‘Chemical Weapons Convention’’
means the Convention on the Prohibition of Development, Produc-
tion, Stockpiling and Use of Chemical Weapons and on their
H. R. 3616—26
Destruction, opened for signature on January 13, 1993, together
with related annexes and associated documents.
(e) PLAN FOR PILOT PROGRAM.—If the Secretary of Defense
proceeds with a pilot program under section 152(f ) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 214; 50 U.S.C. 1521(f )), the Secretary shall prepare
a plan for the pilot program and shall submit to Congress a report
on such plan (including information on the cost of, and schedule
for, implementing the pilot program).
(f ) FUNDING.—(1) Of the amount authorized to be appropriated
under section 107, funds shall be available for the program manager
for the Assembled Chemical Weapons Assessment for the following:
(A) Demonstrations of alternative technologies under the
Assembled Chemical Weapons Assessment.
(B) Planning and preparation to proceed from demonstra-
tion of an alternative technology immediately into the develop-
ment of a pilot-scale facility for the technology, including plan-
ning and preparation for—
(i) continued development of the technology leading
to deployment of the technology for use;
(ii) satisfaction of requirements for environmental per-
mits;
(iii) demonstration, testing, and evaluation;
(iv) initiation of actions to design a pilot plant;
(v) provision of support at the field office or depot
level for deployment of the technology for use; and
(vi) educational outreach to the public to engender
support for the deployment.
(C) The independent evaluation of cost and schedule
required under subsection (c).
(2) Funds authorized to be appropriated under section 107(1)
are authorized to be used for awarding contracts in accordance
with subsection (d) and for taking any other action authorized
in this section.
(f ) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT DEFINED.—
In this section, the term ‘‘Assembled Chemical Weapons Assess-
ment’’ means the pilot program carried out under section 8065
of the Department of Defense Appropriations Act, 1997 (section
101(b) of Public Law 104–208; 110 Stat. 3009–101; 50 U.S.C. 1521
note).
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Management responsibility for Navy mine countermeasures programs.
Sec. 212. Future aircraft carrier transition technologies.
Sec. 213. Manufacturing technology program.
Sec. 214. Sense of Congress on the Defense Science and Technology Program.
Sec. 215. Next Generation Internet Program.
Sec. 216. Crusader self-propelled artillery system program.
Sec. 217. Airborne Laser Program.
Sec. 218. Enhanced Global Positioning System program.
H. R. 3616—27
Subtitle C—Ballistic Missile Defense
Sec. 231. Sense of Congress on National Missile Defense coverage.
Sec. 232. Limitation on funding for the Medium Extended Air Defense System.
Sec. 233. Limitation on funding for Cooperative Ballistic Missile Defense programs.
Sec. 234. Sense of Congress with respect to Ballistic Missile Defense cooperation
with Russia.
Sec. 235. Ballistic Missile Defense program elements.
Sec. 236. Restructuring of acquisition strategy for Theater High-Altitude Area
Defense (THAAD) system.
Subtitle D—Other Matters
Sec. 241. Extension of authority to carry out certain prototype projects.
Sec. 242. NATO alliance ground surveillance concept definition.
Sec. 243. NATO common-funded Civil Budget.
Sec. 244. Executive agent for cooperative research program of the Department of
Defense and the Department of Veterans Affairs.
Sec. 245. Review of pharmacological interventions for reversing brain injury.
Sec. 246. Pilot program for revitalizing the laboratories and test and evaluation
centers of the Department of Defense.
Sec. 247. Chemical warfare defense.
Sec. 248. Landmine alternatives.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1999 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $4,657,012,000.
(2) For the Navy, $8,305,011,000.
(3) For the Air Force, $13,918,728,000.
(4) For Defense-wide activities, $9,127,187,000, of which—
(A) $249,106,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $29,245,000 is authorized for the Director of Oper-
ational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 1999.—Of the amounts authorized to be appro-
priated by section 201, $4,179,905,000 shall be available for basic
research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—For
purposes of this section, the term ‘‘basic research and applied
research’’ means work funded in program elements for defense
research and development under Department of Defense category
6.1 or 6.2.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. MANAGEMENT RESPONSIBILITY FOR NAVY MINE COUNTER-
MEASURES PROGRAMS.
Section 216(a) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1317,
as amended) is amended by striking out ‘‘through 1999’’ and insert-
ing in lieu thereof ‘‘through 2003’’.
H. R. 3616—28
SEC. 212. FUTURE AIRCRAFT CARRIER TRANSITION TECHNOLOGIES.
Of the funds authorized to be appropriated under section 201(2)
for Carrier System Development (program element 0603512N),
$50,000,000 shall be available only for research, development, test,
evaluation, and incorporation into the CVN–77 nuclear aircraft
carrier program of technologies designed to transition to, dem-
onstrate enhanced capabilities for, or mitigate cost and technical
risks of, the CV(X) aircraft carrier program.
SEC. 213. MANUFACTURING TECHNOLOGY PROGRAM.
(a) REQUIREMENTS
RELATING
TO
COMPETITION.—Subsection
(d)(1) of section 2525 of title 10, United States Code, is amended—
(1) by striking out ‘‘(1) Competitive’’ and inserting in lieu
thereof ‘‘(1)(A) In accordance with the policy stated in section
2374 of this title, competitive’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) For each grant awarded and each contract, cooperative
agreement, or other transaction entered into on a cost-share basis
under the program, the ratio of contract recipient cost to Govern-
ment cost shall be determined by competitive procedures. For a
project for which the Government receives an offer from only one
offeror, the contracting officer shall negotiate the ratio of contract
recipient cost to Government cost that represents the best value
to the Government.’’.
(b) REQUIREMENTS
RELATING
TO
COST
SHARE
WAIVERS.—
Subsection (d)(2) of such section is amended—
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(3) by adding at the end the following new subparagraphs:
‘‘(B) For any grant awarded or contract, cooperative agreement,
or other transaction entered into on a basis other than a cost-
sharing basis because of a determination made under subparagraph
(A), the transaction file for the project concerned must document
the rationale for the determination.
‘‘(C) The Secretary of Defense may delegate the authority to
make determinations under subparagraph (A) only to the Under
Secretary of Defense for Acquisition and Technology or a service
acquisition executive, as appropriate.’’.
(c) COST SHARE GOAL.—Subsection (d) of such section is
amended—
(1) by striking out paragraph (4); and
(2) in paragraph (3)—
(A) by striking out ‘‘At least’’ and inserting in lieu
thereof ‘‘As a goal, at least’’;
(B) by striking out ‘‘shall’’ and inserting in lieu thereof
‘‘should’’; and
(C) by adding at the end the following: ‘‘The Secretary
of Defense, in coordination with the Secretaries of the
military departments and upon recommendation of the
Under Secretary of Defense for Acquisition and Technology,
shall establish annual objectives to meet such goal.’’.
(d) ADDITIONAL INFORMATION TO BE INCLUDED IN FIVE-YEAR
PLAN.—Subsection (e)(2) of such section is amended to read as
follows:
‘‘(2) The plan shall include the following:
‘‘(A) An assessment of the effectiveness of the program.
H. R. 3616—29
‘‘(B) An assessment of the extent to which the costs of
projects are being shared by the following:
‘‘(i) Commercial enterprises in the private sector.
‘‘(ii) Department of Defense program offices, including
weapon system program offices.
‘‘(iii) Departments and agencies of the Federal Govern-
ment outside the Department of Defense.
‘‘(iv) Institutions of higher education.
‘‘(v) Other institutions not operated for profit.
‘‘(vi) Other sources.’’.
SEC. 214. SENSE OF CONGRESS ON THE DEFENSE SCIENCE AND TECH-
NOLOGY PROGRAM.
(a) FUNDING REQUIREMENTS FOR THE DEFENSE SCIENCE AND
TECHNOLOGY PROGRAM BUDGET.—It is the sense of Congress that,
for each of the fiscal years 2000 through 2008, it should be an
objective of the Secretary of Defense to increase the budget for
the Defense Science and Technology Program for the fiscal year
over the budget for that program for the preceding fiscal year
by a percent that is at least two percent above the rate of inflation
as determined by the Office of Management and Budget.
(b) GUIDELINES FOR THE DEFENSE SCIENCE AND TECHNOLOGY
PROGRAM.—
(1) RELATIONSHIP OF DEFENSE SCIENCE AND TECHNOLOGY
PROGRAM TO UNIVERSITY RESEARCH.—It is the sense of Congress
that the following should be key objectives of the Defense
Science and Technology Program:
(A) The sustainment of research capabilities in sci-
entific and engineering disciplines critical to the Depart-
ment of Defense.
(B) The education and training of the next generation
of scientists and engineers in disciplines that are relevant
to future defense systems, particularly through the conduct
of basic research.
(C) The continued support of the Defense Experimental
Program to Stimulate Competitive Research and research
programs at historically black colleges and universities and
minority institutions.
(2) RELATIONSHIP
OF
THE
DEFENSE
SCIENCE
AND
TECH-
NOLOGY
PROGRAM
TO
COMMERCIAL
RESEARCH
AND
TECH-
NOLOGY.—(A) It is the sense of Congress that, in supporting
projects within the Defense Science and Technology Program,
the Secretary of Defense should attempt to leverage commercial
research, technology, products, and processes for the benefit
of the Department of Defense.
(B) It is the sense of Congress that funds made available
for projects and programs of the Defense Science and Tech-
nology Program should be used only for the benefit of the
Department of Defense, which includes—
(i) the development of technology that has only military
applications;
(ii) the development of militarily useful, commercially
viable technology; and
(iii) the adaptation of commercial technology, products,
or processes for military purposes.
(3) SYNERGISTIC MANAGEMENT OF RESEARCH AND DEVELOP-
MENT.—It is the sense of Congress that the Secretary of Defense
H. R. 3616—30
should have the flexibility to allocate a combination of funds
available for the Department of Defense for basic and applied
research and for advanced development to support any individ-
ual project or program within the Defense Science and Tech-
nology Program, but such flexibility should not change the
allocation of funds in any fiscal year among basic and applied
research and advanced development.
(4) MANAGEMENT OF SCIENCE AND TECHNOLOGY.—It is the
sense of Congress that—
(A) management and funding for the Defense Science
and Technology Program for each military department
should receive a level of priority and leadership attention
equal to the level received by program acquisition, and
the Secretary of each military department should ensure
that a senior official in the department holds the appro-
priate title and responsibility to ensure effective oversight
and emphasis on science and technology;
(B) to ensure an appropriate long-term focus for invest-
ments, a sufficient percentage of science and technology
funds should be directed toward new technology areas,
and annual reviews should be conducted for ongoing
research areas to ensure that those funded initiatives are
either integrated into acquisition programs or discontinued
when appropriate;
(C) the Secretary of each military department should
take appropriate steps to ensure that sufficient numbers
of officers and civilian employees in the department hold
advanced degrees in technical fields; and
(D) of particular concern, the Secretary of the Air Force
should take appropriate measures to ensure that sufficient
numbers of scientists and engineers are maintained to
address the technological challenges faced in the areas
of air, space, and information technology.
(c) STUDY.—
(1) REQUIREMENT.—The Secretary of Defense, in coopera-
tion with the National Research Council of the National Acad-
emy of Sciences, shall conduct a study on the technology base
of the Department of Defense.
(2) MATTERS COVERED.—The study shall—
(A) result in recommendations on the minimum
requirements for maintaining a technology base that is
sufficient, based on both historical developments and future
projections, to project superiority in air and space weapons
systems and in information technology;
(B) address the effects on national defense and civilian
aerospace industries and information technology of reduc-
ing funding below the goal described in subsection (a);
and
(C) result in recommendations on the appropriate lev-
els of staff with baccalaureate, masters, and doctorate
degrees, and the optimal ratio of civilian and military staff
holding such degrees, to ensure that science and technology
functions of the Department of Defense remain vital.
(3) REPORT.—Not later than 120 days after the date on
which the study required under paragraph (1) is completed,
the Secretary shall submit to Congress a report on the results
of the study.
H. R. 3616—31
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Defense Science and Technology Program’’
means basic and applied research and advanced development.
(2) The term ‘‘basic and applied research’’ means work
funded in program elements for defense research and develop-
ment under Department of Defense category 6.1 or 6.2.
(3) The term ‘‘advanced development’’ means work funded
in program elements for defense research and development
under Department of Defense category 6.3.
SEC. 215. NEXT GENERATION INTERNET PROGRAM.
(a) FUNDING.—Of the funds authorized to be appropriated under
section 201(4), $53,000,000 shall be available for the Next Genera-
tion Internet program.
(b) LIMITATION.—Notwithstanding the enactment of any other
provision of law after the date of the enactment of this Act, amounts
may be appropriated for fiscal year 1999 for research, development,
test, and evaluation by the Department of Defense for the Next
Generation Internet program only pursuant to the authorization
of appropriations under section 201(4).
SEC. 216. CRUSADER SELF-PROPELLED ARTILLERY SYSTEM PROGRAM.
(a) LIMITATION.—Of the amount authorized to be appropriated
for the Army pursuant to section 201(1), not more than $223,000,000
may be obligated for the Crusader self-propelled artillery system
program until 30 days after the date on which the Secretary of
the Army submits the report required under subsection (b).
(b) REQUIREMENT FOR REPORT.—The Secretary of the Army
shall submit to the congressional defense committees a report on
the Crusader self-propelled artillery system. The report shall
include the following:
(1) An assessment of the risks associated with the current
Crusader program technology.
(2) The total requirements for the Crusader system, taking
into consideration revisions in force structure resulting from
the redesign of heavy and light divisions to achieve a force
structure known as the Army After Next.
(3) The potential for reducing the weight of the Crusader
system by as much as 50 percent.
(4) The potential for using alternative propellants for the
artillery projectile for the Crusader system and the effects
on the overall program schedule that would result from taking
the actions and time necessary to develop mature technologies
for alternative propellants.
(5) An analysis of the costs and benefits of delaying procure-
ment of the Crusader system to avoid affordability issues associ-
ated with the current schedule and to allow for maturation
of weight and propellant technologies.
(c) SUBMISSION OF REPORT.—The Secretary of the Army shall
submit the report not later than March 1, 1999.
SEC. 217. AIRBORNE LASER PROGRAM.
(a) ASSESSMENT OF TECHNICAL AND OPERATIONAL ASPECTS.—
The Secretary of Defense shall conduct an assessment of the tech-
nical and operational aspects of the Airborne Laser Program. In
conducting the assessment, the Secretary shall establish an
independent team of persons from outside the Department of
Defense who are experts in relevant fields to review the technical
H. R. 3616—32
and operational aspects of the Airborne Laser Program. The team
shall assess the following:
(1) Whether additional ground testing or other forms of
data collection should be completed before initial modification
of a commercial aircraft to an Airborne Laser configuration.
(2) The adequacy of exit criteria for the program definition
and risk reduction phase of the Airborne Laser Program.
(3) The adequacy of current Airborne Laser operational
concepts.
(b) REPORT ON ASSESSMENT.—Not later than March 15, 1999,
the Secretary shall submit to Congress a report on the assessment.
The report shall include the Secretary’s findings and any rec-
ommendations that the Secretary considers appropriate.
(c) FUNDING FOR PROGRAM.—Of the amount authorized to be
appropriated under section 201(3), $235,219,000 shall be available
for the Airborne Laser Program.
(d) LIMITATION.—Of the amount made available pursuant to
subsection (c), not more than $185,000,000 may be obligated until
30 days after the Secretary submits the report required by sub-
section (b).
SEC. 218. ENHANCED GLOBAL POSITIONING SYSTEM PROGRAM.
(a) POLICY ON PRIORITY FOR DEVELOPMENT OF ENHANCED GPS
SYSTEM.—The development of an enhanced Global Positioning Sys-
tem is an urgent national security priority.
(b) DEVELOPMENT
REQUIRED.—To fulfill the requirements
described in section 279(b) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 243)
and section 2281 of title 10, United States Code, the Secretary
of Defense shall develop an enhanced Global Positioning System
in accordance with the priority declared in subsection (a). The
enhanced Global Positioning System shall include the following
elements:
(1) An evolved satellite system that includes increased
signal power and other improvements such as regional-level
directional signal enhancements.
(2) Enhanced receivers and user equipment that are
capable of providing military users with direct access to
encrypted Global Positioning System signals.
(3) To the extent funded by the Secretary of Transportation,
additional civil frequencies and other enhancements for civil
users.
(c) SENSE OF CONGRESS REGARDING FUNDING.—It is the sense
of Congress that—
(1) the Secretary of Defense should ensure that the future-
years defense program provides for sufficient funding to develop
and deploy an enhanced Global Positioning System in accord-
ance with the priority declared in subsection (a); and
(2) the Secretary of Transportation should provide sufficient
funding to support additional civil frequencies for the Global
Positioning System and other enhancements of the system for
civil users.
(d) PLAN FOR DEVELOPMENT OF ENHANCED GLOBAL POSITIONING
SYSTEM.—Not later than April 15, 1999, the Secretary of Defense
shall submit to Congress a plan for carrying out the requirements
of subsection (b).
H. R. 3616—33
(e) DELAYED EFFECTIVE DATE FOR LIMITATION ON PROCURE-
MENT
OF SYSTEMS NOT GPS-EQUIPPED.—Section 152(b) of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 107 Stat. 1578) is amended by striking out ‘‘2000’’
and inserting in lieu thereof ‘‘2005’’.
(f ) FUNDING FROM AUTHORIZED APPROPRIATIONS FOR FISCAL
YEAR 1999.—Of the amounts authorized to be appropriated under
section 201(3), $44,000,000 shall be available to establish and carry
out an enhanced Global Positioning System program.
Subtitle C—Ballistic Missile Defense
SEC. 231. SENSE OF CONGRESS ON NATIONAL MISSILE DEFENSE COV-
ERAGE.
It is the sense of Congress that—
(1) any national missile defense system deployed by the
United States must provide effective defense against limited,
accidental, or unauthorized ballistic missile attack for all 50
States; and
(2) the territories of the United States should be afforded
effective protection against ballistic missile attack.
SEC. 232. LIMITATION ON FUNDING FOR THE MEDIUM EXTENDED AIR
DEFENSE SYSTEM.
None of the funds appropriated for fiscal year 1999 for the
Ballistic Missile Defense Organization may be obligated for the
Medium Extended Air Defense System (MEADS) until the Secretary
of Defense certifies to Congress that the future-years defense pro-
gram includes sufficient programmed funding for that system to
complete the design and development phase. If the Secretary does
not submit such a certification by January 1, 1999, then (effective
as of that date) the funds appropriated for fiscal year 1999 for
the Ballistic Missile Defense Organization that are allocated for
the MEADS program shall be available to support alternative pro-
grammatic and technical approaches to meeting the requirement
for mobile theater missile defense that was to be met by the MEADS
system.
SEC. 233. LIMITATION ON FUNDING FOR COOPERATIVE BALLISTIC MIS-
SILE DEFENSE PROGRAMS.
Of the funds appropriated for fiscal year 1999 for the Russian-
American Observational Satellite (RAMOS) program, $5,000,000
may not be obligated until the Secretary of Defense certifies to
Congress that the Department of Defense has received detailed
information concerning the nature, extent, and military implications
of the transfer of ballistic missile technology from Russian sources
to Iran.
SEC. 234. SENSE OF CONGRESS WITH RESPECT TO BALLISTIC MISSILE
DEFENSE COOPERATION WITH RUSSIA.
It is the sense of Congress that, as the United States proceeds
with efforts to develop defenses against ballistic missile attack,
the United States should seek to foster a climate of cooperation
with Russia on matters related to ballistic missile defense and
that, in particular, the United States and its NATO allies should
seek to cooperate with Russia in such areas as early warning
of ballistic missile launches.
H. R. 3616—34
SEC. 235. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) BMD PROGRAM ELEMENTS.—(1) Chapter 9 of title 10, United
States Code, is amended by inserting after section 222 the following
new section:
‘‘§ 223. Ballistic missile defense programs: program elements
‘‘(a) PROGRAM ELEMENTS SPECIFIED.—In the budget justification
materials submitted to Congress in support of the Department
of Defense budget for any fiscal year (as submitted with the budget
of the President under section 1105(a) of title 31), the amount
requested for activities of the Ballistic Missile Defense Organization
shall be set forth in accordance with the following program ele-
ments:
‘‘(1) The Patriot system.
‘‘(2) The Navy Area system.
‘‘(3) The Theater High-Altitude Area Defense system.
‘‘(4) The Navy Theater Wide system.
‘‘(5) The Medium Extended Air Defense System.
‘‘(6) Joint Theater Missile Defense.
‘‘(7) National Missile Defense.
‘‘(8) Support Technologies.
‘‘(9) Family of Systems Engineering and Integration.
‘‘(10) Ballistic Missile Defense Technical Operations.
‘‘(11) Threat and Countermeasures.
‘‘(12) International Cooperative Programs.
‘‘(b) TREATMENT OF MAJOR DEFENSE ACQUISITION PROGRAMS.—
Amounts requested for Theater Missile Defense and National Mis-
sile Defense major defense acquisition programs shall be specified
in individual, dedicated program elements, and amounts appro-
priated for those programs shall be available only for Ballistic
Missile Defense activities.
‘‘(c) MANAGEMENT AND SUPPORT.—The amount requested for
each program element specified in subsection (a) shall include
requests for the amounts necessary for the management and sup-
port of the programs, projects, and activities contained in that
program element.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 222
the following new item:
‘‘223. Ballistic missile defense programs: program elements.’’.
(b) REPEAL
OF SUPERSEDED PROVISION.—Section 251 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 10 U.S.C. 221 note) is repealed.
SEC. 236. RESTRUCTURING OF ACQUISITION STRATEGY FOR THEATER
HIGH-ALTITUDE AREA DEFENSE (THAAD) SYSTEM.
(a) ESTABLISHMENT OF COMPETITIVE CONTRACTOR.—(1) The Sec-
retary of Defense shall take appropriate steps to implement tech-
nical and price competition for the development and production
of the interceptor missile for the Theater High-Altitude Area
Defense (THAAD) system.
(2) The Secretary shall take such steps as necessary to ensure
that the prime contractor (as of the date of the enactment of
this Act) for the THAAD system provides the cooperation needed
to establish the technical and price competition required in sub-
section (a).
H. R. 3616—35
(3) The Secretary shall use the authority provided in section
2304(c)(2) of title 10, United States Code, to expedite the
implementation of paragraphs (1) and (2).
(4) Of the amount made available under section 201(4) for
the THAAD System, $29,600,000 shall be available to establish
the technical and price competition required in paragraph (1).
(b) COST SHARING ARRANGEMENT.—(1) The Secretary of Defense
shall contractually establish with the THAAD interceptor prime
contractor an appropriate arrangement for sharing between the
United States and that contractor the costs for flight test failures
of the interceptor missile for the THAAD system beginning with
the flight test numbered 9.
(2) For purposes of paragraph (1), the term ‘‘THAAD interceptor
prime contractor’’ means the firm that as of May 14, 1998, is
the prime contractor for the interceptor missile for the Theater
High-Altitude Area Defense system.
(c) ENGINEERING AND MANUFACTURING DEVELOPMENT PHASE
FOR OTHER ELEMENTS
OF
THE THAAD SYSTEM.—The Secretary
of Defense may proceed with the milestone approval process for
the Engineering and Manufacturing Development phase for the
Battle Management and Command, Control, and Communications
(BM/C3) element of the THAAD system and for the Ground Based
Radar (GBR) element for that system without regard to the stage
of development of the interceptor missile for that system.
(d) PLAN
FOR CONTINGENCY CAPABILITY.—(1) The Secretary
of Defense shall prepare a plan that would allow for deployment
of THAAD missiles and the other elements of the THAAD system
referred to in subsection (c) in response to theater ballistic missile
threats that evolve before United States military forces are equipped
with the objective configuration of those missiles and elements.
(2) The Secretary shall submit a report on the plan to the
congressional defense committees by December 15, 1998.
(e) LIMITATION ON ENTERING ENGINEERING AND MANUFACTUR-
ING DEVELOPMENT PHASE.—(1) The Secretary of Defense may not
approve the commencement of the Engineering and Manufacturing
Development phase for the interceptor missile for the THAAD sys-
tem until there have been 3 successful tests of that missile.
(2) For purposes of paragraph (1), a successful test of the
interceptor missile of the THAAD system is a body-to-body intercept
by that missile of a ballistic missile target.
Subtitle D—Other Matters
SEC. 241. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTO-
TYPE PROJECTS.
Section 845(c) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note) is
amended by striking out ‘‘September 30, 1999’’ and inserting in
lieu thereof ‘‘September 30, 2001’’.
SEC. 242. NATO ALLIANCE GROUND SURVEILLANCE CONCEPT DEFINI-
TION.
Amounts authorized to be appropriated under section 201 are
available for a NATO alliance ground surveillance concept definition
that is based on the Joint Surveillance Target Attack Radar System
H. R. 3616—36
(Joint STARS) Radar Technology Insertion Program (RTIP) sensor
of the United States, as follows:
(1) Of the amount authorized to be appropriated under
section 201(1), $6,400,000.
(2) Of the amount authorized to be appropriated under
section 201(3), $3,500,000.
SEC. 243. NATO COMMON-FUNDED CIVIL BUDGET.
Of the amount authorized to be appropriated by section 201(1),
$750,000 shall be available for contributions for the common-funded
Civil Budget of NATO.
SEC. 244. EXECUTIVE AGENT FOR COOPERATIVE RESEARCH PROGRAM
OF THE DEPARTMENT OF DEFENSE AND THE DEPART-
MENT OF VETERANS AFFAIRS.
The Secretary of Defense, acting through the Army Medical
Research and Materiel Command and the Naval Operational Medi-
cine Institute, shall be the executive agent for the use of funds
available from the amount authorized to be appropriated by section
201(4) for the Cooperative Research Program of the Department
of Defense and the Department of Veterans Affairs.
SEC. 245. REVIEW OF PHARMACOLOGICAL INTERVENTIONS FOR
REVERSING BRAIN INJURY.
(a) REVIEW AND REPORT REQUIRED.—The Assistant Secretary
of Defense for Health Affairs shall review research on pharma-
cological interventions for reversing brain injury and, not later
than March 31, 1999, submit a report on the results of the review
to Congress.
(b) CONTENT
OF
REPORT.—The report shall include the
following:
(1) The potential for pharmacological interventions for
reversing brain injury to reduce mortality and morbidity in
cases of head injuries incurred in combat or resulting from
exposures to chemical weapons or agents.
(2) The potential utility of such interventions for the Armed
Forces.
(3) A conclusion regarding whether funding for research
on such interventions should be included in the budget for
the Department of Defense for fiscal year 2000.
SEC. 246. PILOT PROGRAM FOR REVITALIZING THE LABORATORIES
AND TEST AND EVALUATION CENTERS OF THE DEPART-
MENT OF DEFENSE.
(a) PILOT PROGRAM.—(1) The Secretary of Defense may carry
out a pilot program to demonstrate improved cooperative relation-
ships with universities and other private sector entities for the
performance of research and development functions.
(2) Under the pilot program, the Secretary of Defense shall
provide the director of one science and technology laboratory, and
the director of one test and evaluation center, of each military
department with authority for the following:
(A) To explore innovative methods for quickly, efficiently,
and fairly entering into cooperative relationships with univer-
sities and other private sector entities with respect to the
performance of research and development functions.
(B) To waive any restrictions on the demonstration and
implementation of such methods that are not required by law.
H. R. 3616—37
(C) To develop or expand innovative methods of operation
that provide more defense research for each dollar of cost,
including to carry out such initiatives as focusing on the
performance of core functions and adopting more business-
like practices.
(3) In selecting the laboratories and centers for participation
in the pilot program, the Secretary shall consider laboratories and
centers where innovative management techniques have been dem-
onstrated, particularly as documented under sections 1115 through
1119 of title 31, United States Code, relating to Government agency
performance and results.
(4) The Secretary may carry out the pilot program at each
selected laboratory and center for a period of three years beginning
not later than March 1, 1999.
(b) REPORTS.—(1) Not later than March 1, 1999, the Secretary
of Defense shall submit a report on the implementation of the
pilot program to Congress. The report shall include the following:
(A) Each laboratory and center selected for the pilot pro-
gram.
(B) To the extent possible, a description of the innovative
concepts that are to be tested at each laboratory or center.
(C) The criteria to be used for measuring the success of
each concept to be tested.
(2) Promptly after the expiration of the period for participation
of a laboratory or center in the pilot program, the Secretary of
Defense shall submit to Congress a final report on the participation
of the laboratory or center in the pilot program. The report shall
contain the following:
(A) A description of the concepts tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at the laboratory
or center under the pilot program.
(c) COMMENDATION.—Congress commends the Secretary of
Defense for the progress made by the science and technology labora-
tories and test and evaluation centers of the Department of Defense
and encourages the Secretary to take the actions necessary to
ensure continued progress for the laboratories and test and evalua-
tion centers in developing cooperative relationships with univer-
sities and other private sector entities for the performance of
research and development functions.
SEC. 247. CHEMICAL WARFARE DEFENSE.
(a) REVIEW AND MODIFICATION OF POLICIES AND DOCTRINES.—
The Secretary of Defense shall review the policies and doctrines
of the Department of Defense on chemical warfare defense and
modify the policies and doctrine as appropriate to achieve the
objectives set forth in subsection (b).
(b) OBJECTIVES.—The objectives for the modification of policies
and doctrines of the Department of Defense on chemical warfare
defense are as follows:
(1) To provide for adequate protection of personnel from
any exposure to a chemical warfare agent (including chronic
and low-level exposure to a chemical warfare agent) that would
endanger the health of exposed personnel because of the delete-
rious effects of—
H. R. 3616—38
(A) a single exposure to the agent;
(B) exposure to the agent concurrently with other dan-
gerous exposures, such as exposures to—
(i) other potentially toxic substances in the
environment, including pesticides, other insect and ver-
min control agents, and environmental pollutants;
(ii) low-grade nuclear and electromagnetic radi-
ation present in the environment;
(iii) preventive medications (that are dangerous
when taken concurrently with other dangerous expo-
sures referred to in this paragraph);
(iv) diesel fuel, jet fuel, and other hydrocarbon-
based fuels; and
(v) occupational hazards, including battlefield haz-
ards; and
(C) repeated exposures to the agent, or some combina-
tion of one or more exposures to the agent and other
dangerous exposures referred to in subparagraph (B), over
time.
(2) To provide for—
(A) the prevention of and protection against, and the
detection (including confirmation) of, exposures to a chemi-
cal warfare agent (whether intentional or inadvertent) at
levels that, even if not sufficient to endanger health imme-
diately, are greater than the level that is recognized under
Department of Defense policies as being the maximum
safe level of exposure to that agent for the general popu-
lation; and
(B) the recording, reporting, coordinating, and retain-
ing of information on possible exposures described in
subparagraph (A), including the monitoring of the health
effects of exposures on humans and animals, environmental
effects, and ecological effects, and the documenting and
reporting of those effects specifically by location.
(3) To provide solutions for the concerns and mission
requirements that are specifically applicable for one or more
of the Armed Forces in a protracted conflict when exposures
to chemical agents could be complex, dynamic, and occurring
over an extended period.
(c) RESEARCH
PROGRAM.—The Secretary of Defense shall
develop and carry out a plan to establish a research program
for determining the effects of exposures to chemical warfare agents
of the type described in subsection (b). The research shall be
designed to yield results that can guide the Secretary in the evo-
lution of policy and doctrine on exposures to chemical warfare
agents and to develop new risk assessment methods and
instruments with respect to such exposures. The plan shall state
the objectives and scope of the program and include a 5-year funding
plan.
(d) REPORT.—Not later than May 1, 1999, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the results of the review under sub-
section (a) and on the research program developed under subsection
(c). The report shall include the following:
(1) Each modification of chemical warfare defense policy
and doctrine resulting from the review.
H. R. 3616—39
(2) Any recommended legislation regarding chemical war-
fare defense.
(3) The plan for the research program.
SEC. 248. LANDMINE ALTERNATIVES.
(a) AVAILABILITY OF FUNDS.—(1) Of the amounts authorized
to be appropriated in section 201, not more than $19,200,000 shall
be available for activities relating to the identification, adaptation,
modification, research, and development of existing and new tech-
nologies and concepts that—
(A) would provide a combat capability that is equivalent
to the combat capability provided by non-self destructing anti-
personnel landmines;
(B) would provide a combat capability that is equivalent
to the combat capability provided by anti-personnel submuni-
tions used in mixed anti-tank mine systems; or
(C) would provide a combat capability that is equivalent
to the combat capability provided by current mixed mine sys-
tems.
(2) Of the amount available under paragraph (1)—
(A) not more than $17,200,000 shall be made available
for activities referred to in subparagraph (A) of that paragraph
for the current efforts of the Army referred to as the Non-
Self Destruct Alternative; and
(B) not more than $2,000,000 shall be made available for
activities referred to in subparagraphs (B) or (C) of that para-
graph that relate to anti-personnel submunitions used in mixed
mine systems or an alternative for mixed munitions.
(b) FUNDING
FOR RESEARCH INTO ALTERNATIVES
TO ANTI-
PERSONNEL SUBMUNITIONS USED IN MIXED MINE SYSTEMS OR AN
ALTERNATIVE FOR MIXED MUNITIONS.—The Secretary shall include
with the materials submitted to Congress with the budget for
fiscal year 2000 under section 1105 of title 31, United States Code,
an explanation of any funds requested to support a search for
existing and new technologies and concepts that could provide a
combat capability equivalent to the combat capability provided by
anti-personnel submunitions used in mixed mine systems or an
alternative to mixed munitions.
(c) STUDIES.—The Secretary of Defense shall enter into two
contracts, each with an appropriate scientific organization—
(1) to carry out a study on existing and new technologies
and concepts referred to in subsection (a); and
(2) to submit to the Secretary a report on the study, includ-
ing any recommendations considered appropriate by the sci-
entific organization.
(d) REPORT.—Not later than April 1 of 2000 and 2001, the
Secretary shall submit to the congressional defense committees
a report describing the progress made in identifying technologies
and concepts referred to in subsection (a). At the same time the
report is submitted, the Secretary shall transmit to such committees
copies of the reports (and recommendations, if any) received by
the Secretary from the scientific organizations that carried out
the studies referred to in subsection (c).
H. R. 3616—40
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 311. Refurbishment of M1–A1 tanks.
Sec. 312. Operation of prepositioned fleet, National Training Center, Fort Irwin,
California.
Sec. 313. Berthing space at Norfolk Naval Shipyard, Virginia.
Sec. 314. NATO common-funded military budget.
Subtitle C—Environmental Provisions
Sec. 321. Settlement of claims of foreign governments for environmental cleanup of
overseas sites formerly used by the Department of Defense.
Sec. 322. Authority to pay negotiated settlement for environmental cleanup of
formerly used defense sites in Canada.
Sec. 323. Removal of underground storage tanks.
Sec. 324. Report regarding polychlorinated biphenyl waste under Department of
Defense control overseas.
Sec. 325. Modification of deadline for submittal to Congress of annual reports on
environmental activities.
Sec. 326. Submarine solid waste control.
Sec. 327. Arctic Military Environmental Cooperation Program.
Sec. 328. Sense of Congress regarding oil spill prevention training for personnel on
board Navy vessels.
Subtitle D—Information Technology Issues
Sec. 331. Additional information technology responsibilities of Chief Information
Officers.
Sec. 332. Defense-wide electronic mall system for supply purchases.
Sec. 333. Priority funding to ensure year 2000 compliance of information technology
and national security systems.
Sec. 334. Evaluation of year 2000 compliance as part of training exercises programs.
Sec. 335. Continuity of essential operations at risk of failure because of information
technology and national security systems that are not year 2000 compli-
ant.
Subtitle E—Defense Infrastructure Support Improvement
Sec. 341. Clarification of definition of depot-level maintenance and repair.
Sec. 342. Reporting and analysis requirements before change of commercial and
industrial type functions to private sector performance.
Sec. 343. Notifications of determinations of military items as being commercial
items for purposes of the exception to requirements regarding core logis-
tics capabilities.
Sec. 344. Oversight of development and implementation of automated identification
technology.
Sec. 345. Contractor-operated civil engineering supply stores program.
Sec. 346. Conditions on expansion of functions performed under prime vendor
contracts for depot-level maintenance and repair.
Sec. 347. Best commercial inventory practices for management of secondary supply
items.
Sec. 348. Personnel reductions in Army Materiel Command.
Sec. 349. Inventory management of in-transit items.
Sec. 350. Review of Defense Automated Printing Service functions.
Sec. 351. Development of plan for establishment of core logistics capabilities for
maintenance and repair of C–17 aircraft.
Subtitle F—Commissaries and Nonappropriated Fund Instrumentalities
Sec. 361. Continuation of management and funding of Defense Commissary Agency
through the Office of the Secretary of Defense.
Sec. 362. Expansion of current eligibility of Reserves for commissary benefits.
Sec. 363. Costs payable to the Department of Defense and other Federal agencies for
services provided to the Defense Commissary Agency.
H. R. 3616—41
Sec. 364. Collection of dishonored checks presented at commissary stores.
Sec. 365. Restrictions on patron access to, and purchases in, overseas commissaries
and exchange stores.
Sec. 366. Repeal of requirement for Air Force to sell tobacco products to enlisted
personnel.
Sec. 367. Prohibition on consolidation or other organizational changes of Depart-
ment of Defense retail systems.
Sec. 368. Defense Commissary Agency telecommunications.
Sec. 369. Survey of commissary store patrons regarding satisfaction with com-
missary store merchandise.
Subtitle G—Other Matters
Sec. 371. Eligibility requirements for attendance at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 372. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees.
Sec. 373. Department of Defense readiness reporting system.
Sec. 374. Specific emphasis of program to investigate fraud, waste, and abuse within
Department of Defense.
Sec. 375. Condition for providing financial assistance for support of additional duties
assigned to the Army National Guard.
Sec. 376. Demonstration program to improve quality of personal property shipments
of members.
Sec. 377. Pilot program for acceptance and use of landing fees charged for use of
domestic military airfields by civil aircraft.
Sec. 378. Strategic plan for expansion of distance learning initiatives.
Sec. 379. Public availability of operating agreements between military installations
and financial institutions.
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
1999 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $17,002,563,000.
(2) For the Navy, $21,577,702,000.
(3) For the Marine Corps, $2,528,603,000.
(4) For the Air Force, $18,690,633,000.
(5) For Defense-wide activities, $10,550,076,000.
(6) For the Army Reserve, $1,198,022,000.
(7) For the Naval Reserve, $920,639,000.
(8) For the Marine Corps Reserve, $117,893,000.
(9) For the Air Force Reserve, $1,722,796,000.
(10) For the Army National Guard, $2,564,315,000.
(11) For the Air National Guard, $3,047,433,000.
(12) For the Defense Inspector General, $130,764,000.
(13) For the United States Court of Appeals for the Armed
Forces, $7,324,000.
(14) For Environmental Restoration, Army, $370,640,000.
(15) For Environmental Restoration, Navy, $274,600,000.
(16) 
For 
Environmental 
Restoration, 
Air 
Force,
$372,100,000.
(17) 
For 
Environmental 
Restoration, 
Defense-wide,
$25,091,000.
(18) For Environmental Restoration, Formerly Used
Defense Sites, $195,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
H. R. 3616—42
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $725,582,000.
(21) For the Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $9,617,435,000.
(23) 
For 
Cooperative 
Threat 
Reduction 
programs,
$440,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$746,900,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1999 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $1,076,571,000.
(2) For the National Defense Sealift Fund, $669,566,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
1999 from the Armed Forces Retirement Home Trust Fund the
sum of $70,745,000 for the operation of the Armed Forces Retire-
ment Home, including the United States Soldiers’ and Airmen’s
Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANS-
ACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to
operation and maintenance accounts for fiscal year 1999 in amounts
as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT
OF TRANSFERS.—Amounts transferred under
this section—
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The trans-
fer authority provided in this section is in addition to the transfer
authority provided in section 1001.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 311. REFURBISHMENT OF M1–A1 TANKS.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation and maintenance for the Army, $31,000,000
shall be available only for the refurbishment of up to 70 M1–
A1 tanks under the AIM-XXI program.
H. R. 3616—43
SEC. 312. OPERATION OF PREPOSITIONED FLEET, NATIONAL TRAINING
CENTER, FORT IRWIN, CALIFORNIA.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation and maintenance for the Army, $60,200,000
shall be available only to pay costs associated with the operation
of the prepositioned fleet of equipment during training rotations
at the National Training Center, Fort Irwin, California.
SEC. 313. BERTHING SPACE AT NORFOLK NAVAL SHIPYARD, VIRGINIA.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(2) for operation and maintenance for the Navy, $6,000,000
may be available for the purpose of relocating the U.S.S. WISCON-
SIN, which is currently in a reserve status at the Norfolk Naval
Shipyard, Virginia, to a suitable location in order to increase avail-
able berthing space at the shipyard.
SEC. 314. NATO COMMON-FUNDED MILITARY BUDGET.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation and maintenance for the Army,
$227,377,000 shall be available for contributions for the common-
funded Military Budget of the North Atlantic Treaty Organization.
Subtitle C—Environmental Provisions
SEC. 321. SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR
ENVIRONMENTAL CLEANUP OF OVERSEAS SITES FOR-
MERLY USED BY THE DEPARTMENT OF DEFENSE.
(a) NOTICE OF NEGOTIATIONS.—The President shall notify Con-
gress before entering into any negotiations for the ex-gratia settle-
ment of the claims of a government of another country against
the United States for environmental cleanup of sites in that country
that were formerly used by the Department of Defense.
(b) AUTHORIZATION REQUIRED FOR USE OF FUNDS FOR PAYMENT
OF SETTLEMENT.—No funds may be used for any payment under
an ex-gratia settlement of any claims described in subsection (a)
unless the use of the funds for that purpose is specifically authorized
by law or international agreement, including a treaty.
SEC. 322. AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR
ENVIRONMENTAL 
CLEANUP 
OF 
FORMERLY 
USED
DEFENSE SITES IN CANADA.
(a) FINDINGS.—Congress makes the following findings with
respect to the authorization of payment of settlement with Canada
in subsection (b) regarding environmental cleanup at formerly used
defense sites in Canada:
(1) A unique and longstanding national security alliance
exists between the United States and Canada.
(2) The sites covered by the settlement were formerly used
by the United States and Canada for their mutual defense.
(3) There is no formal treaty or international agreement
between the United States and Canada regarding the environ-
mental cleanup of the sites.
(4) Environmental contamination at some of the sites could
pose a substantial risk to the health and safety of the United
States citizens residing in States near the border between the
United States and Canada.
H. R. 3616—44
(5) The United States and Canada reached a negotiated
agreement for an ex-gratia reimbursement of Canada in full
satisfaction of claims of Canada relating to environmental
contamination which agreement was embodied in an exchange
of Notes between the Government of the United States and
the Government of Canada.
(6) There is a unique factual basis for authorizing a
reimbursement of Canada for environmental cleanup at sites
in Canada after the United States departure from such sites.
(7) The basis for and authorization of such reimbursement
does not extend to similar claims by other nations.
(8) The Government of Canada is committed to spending
the entire $100,000,000 of the reimbursement authorized in
subsection (b) in the United States, which will benefit United
States industry and United States workers.
(b) AUTHORITY TO MAKE PAYMENTS.—(1) Subject to subsection
(c), the Secretary of Defense may, using funds specified under
subsection (d), make a payment described in paragraph (2) for
each fiscal year through fiscal year 2008 for purposes of the ex-
gratia reimbursement of Canada in full satisfaction of any and
all claims asserted against the United States by Canada for environ-
mental cleanup of sites in Canada that were formerly used for
the mutual defense of the United States and Canada.
(2) A payment referred to in paragraph (1) is a payment of
$10,000,000, in constant fiscal year 1996 dollars, into the Foreign
Military Sales Trust Account for purposes of Canada.
(c) CONDITION ON AUTHORITY FOR SUBSEQUENT FISCAL YEARS.—
A payment may be made under subsection (b) for a fiscal year
after fiscal year 1999 only if the Secretary of Defense submits
to Congress with the budget for such fiscal year under section
1105 of title 31, United States Code, evidence that the cumulative
amount expended by the Government of Canada for environmental
cleanup activities in Canada during any fiscal years before such
fiscal year in which a payment under that subsection was author-
ized was an amount equal to or greater than the aggregate amount
of the payments under that subsection during such fiscal years.
(d) SOURCE OF FUNDS.—(1) The payment under subsection (b)
for fiscal year 1998 shall be made from amounts appropriated
pursuant to section 301(5) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1669).
(2) The payment under subsection (b) for fiscal year 1999 shall
be made from amounts appropriated pursuant to section 301(5).
(3) For a fiscal year after fiscal year 1999, a payment may
be made under subsection (b) from amounts appropriated pursuant
to the authorization of appropriations for the Department of Defense
for such fiscal year for Operation and Maintenance, Defense-Wide.
SEC. 323. REMOVAL OF UNDERGROUND STORAGE TANKS.
The Secretary of the Army may use funds available pursuant
to the authorization of appropriations in section 301(18) (relating
to environmental restoration of formerly used defense sites) for
the removal of underground storage tanks to the extent that, and
in accordance with such criteria as, the Secretary determines appro-
priate for the use of such funds.
H. R. 3616—45
SEC. 324. REPORT REGARDING POLYCHLORINATED BIPHENYL WASTE
UNDER DEPARTMENT OF DEFENSE CONTROL OVERSEAS.
(a) REPORT REQUIRED.—(1) Not later than March 1, 1999, the
Secretary of Defense shall submit to the committees specified in
paragraph (2) a report on the status of foreign-manufactured poly-
chlorinated biphenyl waste. The Secretary shall prepare the report
in consultation with the Administrator of the Environmental Protec-
tion Agency and the Secretary of State.
(2) The committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services and the Committee
on Environment and Public Works of the Senate.
(B) The Committee on National Security, the Committee
on Commerce, and the Committee on Transportation and Infra-
structure of the House of Representatives.
(b) ELEMENTS OF REPORT.—The report under subsection (a)
shall include the following:
(1) The identity of each foreign country from which the
Secretary of Defense anticipates that the Department of
Defense will need to transport foreign-manufactured poly-
chlorinated biphenyl waste into the customs territory of the
United States.
(2) For each foreign country identified under paragraph
(1), an inventory of the type, concentrations, and estimated
quantity of foreign-manufactured polychlorinated biphenyl
waste involved, the reasons why disposal of the polychlorinated
biphenyl waste in the foreign country is not available, the
identity of other locations or facilities where disposal of the
polychlorinated biphenyl waste in an environmentally sound
manner is available, and the availability of alternative tech-
nologies and mobile units for polychlorinated biphenyl waste
treatment or disposal.
(3) An accounting of all foreign-manufactured poly-
chlorinated biphenyl waste that exists as of the date of the
enactment of this Act and as of the date of the report.
(4) An estimate of the volume of foreign-manufactured poly-
chlorinated biphenyl waste that is likely to be generated
annually in each of the next 5 calendar years, and the basis
for each such estimate.
(5) A description of any hazards to human health or the
environment posed by foreign-manufactured polychlorinated
biphenyl waste.
(6) A description of any international or domestic legal
impediments that the Department has experienced in disposing
of foreign-manufactured polychlorinated biphenyl waste in an
environmentally sound manner.
(7) A description of any efforts undertaken by the Depart-
ment to seek relief from legal impediments to the disposal
of foreign-manufactured polychlorinated biphenyl waste, includ-
ing the relief available pursuant to section 6(e) or 22 of the
Toxic Substances Control Act (15 U.S.C. 2605(e), 2621).
(8) The identity of the possible disposal or treatment facili-
ties in the United States that would be used if foreign-manufac-
tured polychlorinated biphenyl waste were transported into
the customs territory of the United States, and the method
of disposal or treatment at each such facility.
H. R. 3616—46
(9) A description of Department policy and practice concern-
ing procurement or purchase of foreign-manufactured poly-
chlorinated biphenyls or materials containing foreign-manufac-
tured polychlorinated biphenyls.
(c) RECOMMENDATIONS.—The report shall also include such rec-
ommendations as the Secretary of Defense, with the concurrence
of the Administrator of the Environmental Protection Agency and
the Secretary of State, considers necessary regarding changes to
United States law to allow for the disposal, in an environmentally
sound manner, of foreign-manufactured polychlorinated biphenyl
waste, together with a statement of whether and how such changes
would be consistent with international law, including the Basel
Convention on the Control of Transboundary Movements of Hazard-
ous Wastes and Their Disposal and the Protocol to the Convention
on Long-Range Transboundary Air Pollution on Persistent Organic
Pollutants.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘polychlorinated biphenyl waste’’ means—
(A) polychlorinated biphenyls; and
(B) materials containing polychlorinated biphenyls;
that are ready for disposal.
(2) 
The 
term 
‘‘foreign-manufactured 
polychlorinated
biphenyl waste’’ means polychlorinated biphenyl waste that
is owned by the Department of Defense and situated outside
of the United States and that consists of—
(A) polychlorinated biphenyls; or
(B) materials containing polychlorinated biphenyls;
that were manufactured outside of the United States.
SEC. 325. MODIFICATION OF DEADLINE FOR SUBMITTAL TO CONGRESS
OF ANNUAL REPORTS ON ENVIRONMENTAL ACTIVITIES.
Section 2706 of title 10, United States Code, is amended by
striking out ‘‘not later than 30 days’’ each place it appears in
subsections (a), (b), (c), and (d) and inserting in lieu thereof ‘‘not
later than 45 days’’.
SEC. 326. SUBMARINE SOLID WASTE CONTROL.
(a) SOLID WASTE DISCHARGE REQUIREMENTS.—Subsection (c)(2)
of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C.
1902) is amended—
(1) in subparagraph (A), by adding at the end the following:
‘‘(iii) With regard to a submersible, nonplastic garbage that
has been compacted and weighted to ensure negative buoy-
ancy.’’; and
(2) in subparagraph (B)(ii), by striking out ‘‘subparagraph
(A)(ii)’’ and inserting in lieu thereof ‘‘clauses (ii) and (iii) of
subparagraph (A)’’.
(b) CONFORMING AMENDMENT.—Subsection (e)(3)(A) of that sec-
tion is amended by striking out ‘‘garbage that contains more than
the minimum amount practicable of’’.
SEC. 327. ARCTIC MILITARY ENVIRONMENTAL COOPERATION PRO-
GRAM.
(a) ACTIVITIES UNDER PROGRAM.—(1) Subject to paragraph (2),
activities under the Arctic Military Environmental Cooperation Pro-
gram of the Department of Defense shall include cooperative activi-
ties on environmental matters in the Arctic region with the military
H. R. 3616—47
departments and agencies of other countries, including the Russian
Federation.
(2) Activities under the Arctic Military Environmental Coopera-
tion Program may not include any activities for purposes for which
funds for Cooperative Threat Reduction programs have been denied
or are prohibited, including the purposes for which funds are prohib-
ited by section 1503 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2732).
(b) PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.—
The Secretary of Defense shall submit to the congressional defense
committees a report at least 15 days before the obligation of any
funds for the Arctic Military Environmental Cooperation Program.
Each such report shall specify—
(1) the amount of the proposed obligation;
(2) the activities for which the Secretary plans to obligate
such funds; and
(3) the terms of the implementing agreement between the
United States and the foreign government concerning the activ-
ity to be undertaken, including the financial and other respon-
sibilities of each government.
(c) AVAILABILITY
OF FISCAL YEAR 1999 FUNDS.—(1) Of the
amount authorized to be appropriated by section 301(5), $4,000,000
shall be available for carrying out the Arctic Military Environmental
Cooperation Program.
(2) Amounts available for the Arctic Military Environmental
Cooperation Program under paragraph (1) may not be obligated
or expended for that Program until 45 days after the date on
which the Secretary of Defense submits to the congressional defense
committees a plan for the Program under paragraph (3).
(3) The plan for the Arctic Military Environmental Cooperation
Program under this paragraph shall include the following:
(A) A statement of the overall goals and objectives of the
Program.
(B) A statement of the proposed activities under the Pro-
gram and the relationship of such activities to the national
security interests of the United States.
(C) An assessment of the compatibility of the activities
set forth under subparagraph (B) with the purposes of the
Cooperative Threat Reduction programs of the Department of
Defense (including with any prohibitions and limitations
applicable to such programs).
(D) An estimate of the funding to be required and requested
in future fiscal years for the activities set forth under subpara-
graph (B).
(E) A proposed termination date for the Program.
SEC. 328. SENSE OF CONGRESS REGARDING OIL SPILL PREVENTION
TRAINING FOR PERSONNEL ON BOARD NAVY VESSELS.
(a) FINDINGS.—Congress makes the following findings:
(1) There have been six significant oil spills in Puget Sound,
Washington, in 1998, five at Puget Sound Naval Shipyard
(including three from the U.S.S. Kitty Hawk, one from the
U.S.S. Carl Vinson, and one from the U.S.S. Sacramento) and
one at Naval Station Everett from the U.S.S. Paul F. Foster.
(2) Navy personnel on board vessels, and not shipyard
employees, were primarily responsible for a majority of these
oil spills at Puget Sound Naval Shipyard.
H. R. 3616—48
(3) Oil spills have the potential to damage the local environ-
ment, killing microscopic organisms, contributing to air pollu-
tion, harming plants and marine animals, and increasing over-
all pollution levels in Puget Sound.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of the Navy should take immediate action to signifi-
cantly reduce the risk of vessel oil spills, including the minimization
of fuel oil transfers, the assurance of proper training and qualifica-
tions of all Naval personnel in occupations that may contribute
to or minimize the risk of shipboard oil spills, and the improvement
of liaison with local authorities concerning oil spill prevention and
response activities.
Subtitle D—Information Technology Issues
SEC. 331. ADDITIONAL INFORMATION TECHNOLOGY RESPONSIBIL-
ITIES OF CHIEF INFORMATION OFFICERS.
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 2223. Information technology: additional responsibilities
of Chief Information Officers
‘‘(a) ADDITIONAL RESPONSIBILITIES OF CHIEF INFORMATION OFFI-
CER OF DEPARTMENT OF DEFENSE.—In addition to the responsibil-
ities provided for in chapter 35 of title 44 and in section 5125
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1425), the Chief
Information Officer of the Department of Defense shall—
‘‘(1) review and provide recommendations to the Secretary
of Defense on Department of Defense budget requests for
information technology and national security systems;
‘‘(2) ensure the interoperability of information technology
and national security systems throughout the Department of
Defense;
‘‘(3) ensure that information technology and national secu-
rity systems standards that will apply throughout the Depart-
ment of Defense are prescribed; and
‘‘(4) provide for the elimination of duplicate information
technology and national security systems within and between
the military departments and Defense Agencies.
‘‘(b) ADDITIONAL RESPONSIBILITIES OF CHIEF INFORMATION OFFI-
CER OF MILITARY DEPARTMENTS.—In addition to the responsibilities
provided for in chapter 35 of title 44 and in section 5125 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1425), the Chief Information
Officer of a military department, with respect to the military depart-
ment concerned, shall—
‘‘(1) review budget requests for all information technology
and national security systems;
‘‘(2) ensure that information technology and national secu-
rity systems are in compliance with standards of the Govern-
ment and the Department of Defense;
‘‘(3) ensure that information technology and national secu-
rity systems are interoperable with other relevant information
technology and national security systems of the Government
and the Department of Defense; and
‘‘(4) coordinate with the Joint Staff with respect to informa-
tion technology and national security systems.
H. R. 3616—49
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘Chief Information Officer’ means the senior
official designated by the Secretary of Defense or a Secretary
of a military department pursuant to section 3506 of title
44.
‘‘(2) The term ‘information technology’ has the meaning
given that term by section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
‘‘(3) The term ‘national security system’ has the meaning
given that term by section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2223. Information technology: additional responsibilities of Chief Information
Officers.’’.
(b) EFFECTIVE DATE.—Section 2223 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 1998.
SEC. 332. DEFENSE-WIDE ELECTRONIC MALL SYSTEM FOR SUPPLY
PURCHASES.
(a) ELECTRONIC MALL SYSTEM DEFINED.—In this section, the
term ‘‘electronic mall system’’ means an electronic system for
displaying, ordering, and purchasing supplies and materiel available
from sources within the Department of Defense and from the private
sector.
(b) DEVELOPMENT AND MANAGEMENT.—(1) Using systems and
technology available in the Department of Defense as of the date
of the enactment of this Act, the Joint Electronic Commerce Pro-
gram Office of the Department of Defense shall develop a single,
defense-wide electronic mall system, which shall provide a single,
defense-wide electronic point of entry and a single view, access,
and ordering capability for all Department of Defense electronic
catalogs. The Secretary of each military department and the head
of each Defense Agency shall provide to the Joint Electronic Com-
merce Program Office the necessary and requested data to ensure
compliance with this paragraph.
(2) The Defense Logistics Agency, under the direction of the
Joint Electronic Commerce Program Office, shall be responsible
for maintaining the defense-wide electronic mall system developed
under paragraph (1).
(c) ROLE OF CHIEF INFORMATION OFFICER.—The Chief Informa-
tion Officer of the Department of Defense shall be responsible
for—
(1) overseeing the elimination of duplication and overlap
among Department of Defense electronic catalogs; and
(2) ensuring that such catalogs utilize technologies and
formats compliant with the requirements of subsection (b).
(d) IMPLEMENTATION.—Within 180 days after the date of the
enactment of this Act, the Chief Information Officer shall develop
and provide to the congressional defense committees—
(1) an inventory of all existing and planned electronic mall
systems in the Department of Defense; and
(2) a schedule for ensuring that each such system is compli-
ant with the requirements of subsection (b).
H. R. 3616—50
SEC. 333. PRIORITY FUNDING TO ENSURE YEAR 2000 COMPLIANCE
OF INFORMATION TECHNOLOGY AND NATIONAL SECU-
RITY SYSTEMS.
(a) FUNDS FOR COMPLETION OF YEAR 2000 CONVERSION.—None
of the funds authorized to be appropriated pursuant to this Act
may (except as provided in subsection (b)) be obligated or expended
on the development or modernization of any information technology
or national security system of the Department of Defense in use
by the Department of Defense (whether or not the system is a
mission critical system) if the date-related data processing capabil-
ity of that system does not meet certification level 1a, 1b, or 2
(as prescribed in the April 1997 publication of the Department
of Defense entitled ‘‘Year 2000 Management Plan’’).
(b) EXCEPTION FOR CERTAIN INFORMATION TECHNOLOGY AND
NATIONAL SECURITY SYSTEMS.—The limitation in subsection (a) does
not apply to an obligation or expenditure for an information tech-
nology or national security system that is reported to the Office
of the Secretary of Defense by October 1, 1998, in accordance
with the preparation instructions for the May 1998 Department
of Defense quarterly report on the status of year 2000 compliance,
if—
(1) the obligation or expenditure is directly related to ensur-
ing that the reported system achieves year 2000 compliance;
(2) the system is being developed and fielded to replace,
before January 1, 2000, a noncompliant system or a system
to be terminated in accordance with the May 1998 Department
of Defense quarterly report on the status of year 2000 compli-
ance; or
(3) the obligation or expenditure is required for a particular
change that is specifically required by law or that is specifically
directed by the Secretary of Defense.
(c) UNALLOCATED REDUCTIONS OF FUNDS NOT TO APPLY TO
MISSION CRITICAL SYSTEMS.—Funds authorized to be appropriated
pursuant to this Act for mission critical systems are not subject
to any unallocated reduction of funds made by or otherwise
applicable to funds authorized to be appropriated pursuant to this
Act.
(d) CURRENT
SERVICES
OPERATIONS
NOT
AFFECTED.—Sub-
section (a) does not prohibit the obligation or expenditure of funds
for current services operations of information technology and
national security systems.
(e) WAIVER AUTHORITY.—The Secretary of Defense may waive
subsection (a) on a case-by-case basis with respect to an information
technology or national security system if the Secretary provides
the congressional defense committees with written notice of the
waiver, including the reasons for the waiver and a timeline for
the testing and certification of the system as year 2000 compliant.
(f ) REQUIRED REPORT.—(1) Not later than December 1, 1998,
the Secretary of Defense shall submit to the congressional defense
committees a report describing—
(A) an executable strategy to be used throughout the
Department of Defense to test information technology and
national security systems for year 2000 compliance (to include
functional capability tests and military exercises);
(B) the plans of the Department of Defense for ensuring
that adequate resources (such as testing facilities, tools, and
H. R. 3616—51
personnel) are available to ensure that all mission critical sys-
tems achieve year 2000 compliance; and
(C) the criteria and process to be used to certify a system
as year 2000 compliant.
(2) The report shall also include—
(A) an updated list of all mission critical systems; and
(B) guidelines for developing contingency plans for the func-
tioning of each information technology or national security sys-
tem in the event of a year 2000 problem in any such system.
(g) CAPABILITY CONTINGENCY PLANS.—Not later than December
30, 1998, the Secretary of Defense shall have in place contingency
plans to ensure continuity of operations for every critical mission
or function of the Department of Defense that is dependent on
an information technology or national security system.
(h) INSPECTOR GENERAL EVALUATION.—The Inspector General
of the Department of Defense shall selectively audit information
technology and national security systems certified as year 2000
compliant to evaluate the ability of systems to successfully operate
during the actual year 2000, including the ability of the systems
to access and transmit information from point of origin to point
of termination.
(i) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘information technology’’ has the meaning
given that term in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(2) The term ‘‘national security system’’ has the meaning
given that term in section 5142 of such Act (40 U.S.C. 1452).
(3) The term ‘‘development or modernization’’ has the mean-
ing given that term in paragraph E of section 180203 of the
Department of Defense Financial Management Regulation
(DOD 7000.14–R), but does not include any matter covered
by subparagraph 3 of that paragraph.
(4) The term ‘‘current services’’ has the meaning given
that term in paragraph C of section 180203 of the Department
of Defense Financial Management Regulation (DOD 7000.14–
R).
(5) The term ‘‘mission critical system’’ means an informa-
tion technology or national security system that is designated
as mission critical in the May 1998 Department of Defense
quarterly report on the status of year 2000 compliance.
SEC. 334. EVALUATION OF YEAR 2000 COMPLIANCE AS PART OF TRAIN-
ING EXERCISES PROGRAMS.
(a) REPORT ON EVALUATION PLAN.—Not later than December
15, 1998, the Secretary of Defense shall submit to Congress a
plan for the execution of a simulated year 2000 as part of military
exercises described in subsection (c) in order to evaluate, in an
operational environment, the extent to which information tech-
nology and national security systems involved in those exercises
will successfully operate during the actual year 2000, including
the ability of those systems to access and transmit information
from point of origin to point of termination.
(b) EVALUATION
OF COMPLIANCE
IN SELECTED EXERCISES.—
In conducting the military exercises described in subsection (c),
the Secretary of Defense shall ensure that—
(1) at least 25 of those exercises (referred to in this section
as ‘‘year 2000 simulation exercises’’) are conducted so as to
H. R. 3616—52
include a simulated year 2000 in accordance with the plan
submitted under subsection (a);
(2) at least two of those exercises are conducted by the
commander of each unified or specified combatant command;
and
(3) all mission critical systems that are expected to be
used if the Armed Forces are involved in a conflict in a major
theater of war are tested in at least two exercises.
(c) COVERED MILITARY EXERCISES.—A military exercise referred
to in this section is a military exercise conducted by the Department
of Defense, during the period beginning on January 1, 1999, and
ending on September 30, 1999—
(1) under the training exercises program known as the
‘‘CJCS Exercise Program’’;
(2) at the Naval Strike and Air Warfare Center, the Army
National Training Center, or the Air Force Air Warfare Center;
or
(3) as part of Naval Carrier Group fleet training or Marine
Corps Expeditionary Unit training.
(d) ALTERNATIVE TESTING METHOD.—In the case of an informa-
tion technology or national security system for which a simulated
year 2000 test as part of a military exercise described in subsection
(c) is not feasible or presents undue risk, the Secretary of Defense
shall test the system using a functional end-to-end test or through
a Defense Major Range and Test Facility Base. The Secretary
shall include the plans for these tests in the plan required by
subsection (a). Tests under this subsection are in addition to the
25 tests required by subsection (b).
(e) AUTHORITY FOR EXCLUSION OF SYSTEMS NOT CAPABLE OF
PERFORMING RELIABLY IN YEAR 2000 SIMULATION.—(1) In carrying
out a year 2000 simulation exercise, the Secretary of Defense may
exclude a particular information technology or national security
system from the year 2000 simulation phase of the exercise if
the Secretary determines that the system would be incapable of
performing reliably during the year 2000 simulation phase of the
exercise. In such a case, the system excluded shall be replaced
in accordance with the year 2000 contingency plan for the system.
(2) If the Secretary of Defense excludes an information tech-
nology or national security system from the year 2000 simulation
phase of an exercise as provided in paragraph (1), the Secretary
shall notify Congress of that exclusion not later than two weeks
before commencing that exercise. The notice shall include a list
of each information technology or national security system excluded
from the exercise, a description of how the exercise will use the
year 2000 contingency plan for each such system, and a description
of the effect that continued year 2000 noncompliance of each such
system would have on military readiness.
(3) An information technology or national security system with
cryptological applications that is not capable of having its internal
clock adjusted forward to a simulated later time is exempt from
the year 2000 simulation phase of an exercise under this section.
(f ) COMPTROLLER GENERAL REVIEW.—Not later than January
30, 1999, the Comptroller General shall review the report and
plan submitted under subsection (a) and submit to Congress a
briefing evaluating the methodology to be used under the plan
to simulate the year 2000 and describing the potential information
that will be collected as a result of implementation of the plan,
H. R. 3616—53
the adequacy of the planned tests, and the impact that the plan
will have on military readiness.
(g) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘information technology’’ has the meaning
given that term in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(2) The term ‘‘national security system’’ has the meaning
given that term in section 5142 of such Act (40 U.S.C. 1452).
(3) The term ‘‘mission critical system’’ means an informa-
tion technology or national security system that is designated
as mission critical in the May 1998 Department of Defense
quarterly report on the status of year 2000 compliance.
SEC. 335. CONTINUITY OF ESSENTIAL OPERATIONS AT RISK OF FAIL-
URE BECAUSE OF INFORMATION TECHNOLOGY AND
NATIONAL SECURITY SYSTEMS THAT ARE NOT YEAR 2000
COMPLIANT.
(a) REPORT REQUIRED.—Not later than March 31, 1999, the
Secretary of Defense and the Director of Central Intelligence shall
jointly 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 plans of the Department of Defense and
the intelligence community for ensuring the continuity of perform-
ance of essential operations that are at risk of failure because
of information technology and national security systems that are
not year 2000 compliant.
(b) CONTENT.—The report shall contain, at a minimum, the
following:
(1) A prioritization of mission critical systems to ensure
that the most critical systems have the highest priority for
efforts to reprogram information technology and national secu-
rity systems to be year 2000 compliant.
(2) A discussion of the private and other public information
and support systems relied on by the national security commu-
nity, including the intelligence community, and the efforts
under way to ensure that those systems are year 2000 compli-
ant.
(3) The efforts under way to repair the underlying operating
systems and infrastructure.
(4) The plans for comprehensive testing of Department
of Defense systems, including simulated operational tests in
mission areas.
(5) A comprehensive contingency plan, for the entire
national security community, which provides for resolving emer-
gencies resulting from a system that is not year 2000 compliant
and includes provision for the creation of crisis action teams
for use in resolving such emergencies.
(6) A discussion of the efforts undertaken to ensure the
continued reliability of service on the systems used by the
President and other leaders of the United States for commu-
nicating with the leaders of other nations.
(7) A discussion of the vulnerability of allied armed forces
to the failure of systems that are not, or have critical compo-
nents that are not, year 2000 compliant, together with an
assessment of the potential problems for interoperability among
the Armed Forces of the United States and allied armed forces
because of the potential for failure of such systems.
H. R. 3616—54
(8) An estimate of the total cost of making information
technology and national security systems of the Department
of Defense and the intelligence community year 2000 compliant.
(9) The countries that have critical computer-based systems
any disruption of which, due to not being year 2000 compliant,
would cause a significant potential national security risk to
the United States.
(10) A discussion of the cooperative arrangements between
the United States and other nations to assist those nations
in identifying and correcting (to the extent necessary to meet
national security interests of the United States) any problems
in their communications and strategic systems, or other systems
identified by the Secretary of Defense, that make the systems
not year 2000 compliant.
(11) A discussion of the threat posed to the national security
interests of the United States from any potential failure of
strategic systems of foreign countries that are not year 2000
compliant.
(c) INTERNATIONAL COOPERATIVE ARRANGEMENTS.—The Sec-
retary of Defense, with the concurrence of the Secretary of State,
may enter into a cooperative arrangement with a representative
of any foreign government to provide for the United States to
assist the foreign government in identifying and correcting (to the
extent necessary to meet national security interests of the United
States) any problems in communications, strategic, or other systems
of that foreign government that render the systems not year 2000
compliant.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘year 2000 compliant’’, with respect to an
information technology or national security system of the
United States or a computer-based system of a foreign govern-
ment, means that the system correctly recognizes dates in
years after 1999 as being dates after 1999 for the purposes
of system functions for which the correct date is relevant to
the performance of the functions, consistent with certification
level 1a, 1b, or 2 (as prescribed in the April 1997 publication
of the Department of Defense entitled ‘‘Year 2000 Management
Plan’’).
(2) The term ‘‘information technology’’ has the meaning
given that term by section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(3) The term ‘‘national security system’’ has the meaning
given that term by section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).
Subtitle E—Defense Infrastructure
Support Improvement
SEC. 341. CLARIFICATION OF DEFINITION OF DEPOT-LEVEL MAINTE-
NANCE AND REPAIR.
Section 2460(a) of title 10, United States Code, is amended
by inserting before the period at the end of the first sentence
the following: ‘‘or the location at which the maintenance or repair
is performed’’.
H. R. 3616—55
SEC. 
342. 
REPORTING 
AND 
ANALYSIS 
REQUIREMENTS 
BEFORE
CHANGE OF COMMERCIAL AND INDUSTRIAL TYPE FUNC-
TIONS TO PRIVATE SECTOR PERFORMANCE.
(a) IN GENERAL.—Section 2461 of title 10, United States Code,
is amended—
(1) by redesignating subsections (c) and (g) as subsections
(g) and (h), respectively, and transferring subsection (g), as
so redesignated, to appear after subsection (f ); and
(2) by striking out subsections (a) and (b) and inserting
in lieu thereof the following new subsections:
‘‘(a) REPORTING AND ANALYSIS REQUIREMENTS AS PRECONDITION
TO CHANGE IN PERFORMANCE.—A commercial or industrial type
function of the Department of Defense that, as of October 1, 1980,
was being performed by Department of Defense civilian employees
may not be changed to performance by the private sector until
the Secretary of Defense fully complies with the reporting and
analysis requirements specified in subsections (b) and (c).
‘‘(b) NOTIFICATION
AND ELEMENTS
OF ANALYSIS.—(1) Before
commencing to analyze a commercial or industrial type function
described in subsection (a) for possible change to performance by
the private sector, the Secretary of Defense shall submit to Congress
a report containing the following:
‘‘(A) The function to be analyzed for possible change.
‘‘(B) The location at which the function is performed by
Department of Defense civilian employees.
‘‘(C) The number of civilian employee positions potentially
affected.
‘‘(D) The anticipated length and cost of the analysis.
‘‘(E) A certification that a proposed performance of the
commercial or industrial type function by persons who are
not civilian employees of the Department of Defense is not
a result of a decision by an official of a military department
or Defense Agency to impose predetermined constraints or
limitations on such employees in terms of man years, end
strengths, full-time equivalent positions, or maximum number
of employees.
‘‘(2) The duty to prepare a report under paragraph (1) may
be delegated. A report prepared below the major command or claim-
ant level of a military department, or below the equivalent level
in a Defense Agency, pursuant to any such delegation shall be
reviewed at the major command, claimant level, or equivalent level,
as the case may be, before submission to Congress.
‘‘(3) An analysis of a commercial or industrial type function
for possible change to performance by the private sector shall
include the following:
‘‘(A) An examination of the cost of performance of the
function by Department of Defense civilian employees and by
one or more private contractors to demonstrate whether change
to performance by the private sector will result in savings
to the Government over the life of the contract, including in
the examination the following:
‘‘(i) The cost to the Government, estimated by the
Secretary of Defense (based on offers received), for perform-
ance of the function by the private sector.
‘‘(ii) The estimated cost to the Government of Depart-
ment of Defense civilian employees performing the function.
H. R. 3616—56
‘‘(iii) In addition to the costs referred to in clause
(i), an estimate of all other costs and expenditures that
the Government would incur because of the award of such
a contract.
‘‘(B) An examination of the potential economic effect of
performance of the function by the private sector on the follow-
ing:
‘‘(i) Employees of the Department of Defense who would
be affected by such a change in performance.
‘‘(ii) The local community and the Government, if more
than 75 employees of the Department of Defense perform
the function.
‘‘(C) An examination of the effect of performance of the
function by the private sector on the military mission associated
with the performance of the function.
‘‘(4)(A) A representative individual or entity at a facility where
a commercial or industrial type function is analyzed for possible
change in performance may submit to the Secretary of Defense
an objection to the analysis on the grounds that the report required
by paragraph (1) has not been submitted or that the certification
required by paragraph (1)(E) is not included in the report submitted
as a condition for the analysis. The objection shall be in writing
and shall be submitted within 90 days after the following date:
‘‘(i) In the case of a failure to submit the report when
required, the date on which the representative individual or
an official of the representative entity authorized to pose the
objection first knew or should have known of that failure.
‘‘(ii) In the case of a failure to include the certification
in a submitted report, the date on which the report was submit-
ted to Congress.
‘‘(B) If the Secretary determines that the report required by
paragraph (1) was not submitted or that the required certification
was not included in the submitted report, the commercial or indus-
trial type function covered by the analysis to which objected may
not be the subject of a solicitation of offers for, or award of, a
contract until, respectively, the report is submitted or a report
containing the certification in full compliance with the certification
requirement is submitted.
‘‘(c) NOTIFICATION
OF DECISION.—(1) If, as a result of the
completion of the examinations under subsection (b)(3), a decision
is made to change the commercial or industrial type function that
was the subject of the analysis to performance by the private
sector, the Secretary of Defense shall submit to Congress a report
describing that decision. The report shall contain the following:
‘‘(A) An indication that the examinations required under
subsection (b)(3) have been completed.
‘‘(B) The Secretary’s certification that the Government cal-
culation of the cost of performance of the function by Depart-
ment of Defense civilian employees is based on an estimate
of the most cost effective manner for performance of the function
by Department of Defense civilian employees.
‘‘(C) The Secretary’s certification that the examination
required by subsection (b)(3)(A) as part of the analysis dem-
onstrates that the performance of the function by the private
sector will result in savings to the Government over the life
of the contract.
H. R. 3616—57
‘‘(D) The Secretary’s certification that the entire analysis
is available for examination.
‘‘(E) A schedule for completing the change to performance
of the function by the private sector.
‘‘(2) The change of the function to contractor performance may
not begin until after the submission of the report required by
this subsection.’’.
(b) DEFINITION OF SMALL FUNCTION FOR WAIVER PURPOSES.—
Subsection (d) of section 2461 of title 10, United States Code,
is amended by striking out ‘‘20’’ and inserting in lieu thereof ‘‘50’’.
(c) CONFORMING AMENDMENTS.—(1) Subsections (d) and (e) of
section 2461 of title 10, United States Code, are amended by insert-
ing ‘‘and subsection (g)’’ after ‘‘Subsections (a) through (c)’’.
(2) Subsections (e)(2) and (f )(1) of such section are amended
by striking out ‘‘converted’’ and inserting in lieu thereof ‘‘changed’’.
(3) Subsection (f )(2) of such section is amended by striking
out ‘‘conversion’’ and inserting in lieu thereof ‘‘change’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, but
the amendments shall not apply with respect to a conversion of
a function of the Department of Defense to performance by a private
contractor concerning which the Secretary of Defense provided to
Congress, before the date of the enactment of this Act, a notification
under paragraph (1) of section 2461(a) of title 10, United States
Code, as in effect on the day before the date of the enactment
of this Act.
SEC. 343. NOTIFICATIONS OF DETERMINATIONS OF MILITARY ITEMS
AS BEING COMMERCIAL ITEMS FOR PURPOSES OF THE
EXCEPTION 
TO 
REQUIREMENTS 
REGARDING 
CORE
LOGISTICS CAPABILITIES.
(a) REQUIREMENT.—Section 2464 of title 10, United States Code,
is amended by adding at the end the following:
‘‘(c) NOTIFICATION
OF DETERMINATIONS REGARDING CERTAIN
COMMERCIAL ITEMS.—The first time that a weapon system or other
item of military equipment described in subsection (a)(3) is deter-
mined to be a commercial item for the purposes of the exception
contained in that subsection, the Secretary of Defense shall submit
to Congress a notification of the determination, together with the
justification for the determination. The justification for the deter-
mination shall include, at a minimum, the following:
‘‘(1) The estimated percentage of commonality of parts of
the version of the item that is sold or leased in the commercial
marketplace and the Government’s version of the item.
‘‘(2) The value of any unique support and test equipment
and tools that are necessary to support the military require-
ments if the item were maintained by the Government.
‘‘(3) A comparison of the estimated life cycle logistics sup-
port costs that would be incurred by the Government if the
item were maintained by the private sector with the estimated
life cycle logistics support costs that would be incurred by
the Government if the item were maintained by the Govern-
ment.’’.
(b) APPLICABILITY.—Subsection (c) of section 2464 of title 10,
United States Code (as added by subsection (a)), shall apply with
respect to determinations made after the date of the enactment
of this Act.
H. R. 3616—58
SEC. 344. OVERSIGHT OF DEVELOPMENT AND IMPLEMENTATION OF
AUTOMATED IDENTIFICATION TECHNOLOGY.
(a) DEFINITIONS.—In this section:
(1) The term ‘‘automated identification technology program’’
means a program in the Department of Defense, including
any pilot program, employing one or more of the following
technologies:
(A) Magnetic stripe.
(B) Bar codes, both linear and two-dimensional (includ-
ing matrix symbologies).
(C) Smart Card.
(D) Optical memory.
(E) Personal computer memory card international
association carriers.
(F) Any other established or emerging automated
identification technology, including biometrics and radio
frequency identification.
(2) The term ‘‘Smart Card’’ means a credit card size device
that contains one or more integrated circuits.
(b) ESTABLISHMENT
OF
AUTOMATED
IDENTIFICATION
TECH-
NOLOGY OFFICE.—(1) The Secretary of Defense shall establish an
Automated Identification Technology Office within the Department
of Defense that shall be responsible for—
(A) overseeing the development and implementation of all
automated identification technology programs in the Depart-
ment; and
(B) coordinating automated identification technology pro-
grams with the Joint Staff, the Secretaries of the military
departments, and the directors of the Defense Agencies.
(2) After the date of the enactment of this Act, funds appro-
priated for the Department of Defense may not be obligated for
an automated identification technology program unless the program
has been reviewed and approved by the Automated Identification
Technology Office. Pending the establishment of the Automated
Identification Technology Office, the review and approval of a pro-
gram by the Smart Card Technology Office of the Defense Human
Resources Field Activity of the Department of Defense shall be
sufficient to satisfy the requirements of this paragraph even if
the approval was given before the date of the enactment of this
Act.
(3) As part of its oversight responsibilities, the Automated
Identification 
Technology 
Office 
shall 
establish 
standards
designed—
(A) to ensure the compatibility and interoperability of auto-
mated identification technology programs in the Department
of Defense; and
(B) to identify and terminate redundant, infeasible, or
uneconomical automated identification technology programs.
(c) FUNDING FOR INCREASED USE OF SMART CARDS.—(1) Of
the funds available for the Navy for fiscal year 1999 for operation
and maintenance, the Secretary of the Navy shall allocate sufficient
amounts, up to $25,000,000, for the purpose of making significant
progress toward ensuring that Smart Cards with a multi-applica-
tion, multi-technology automated reading capability are issued and
used throughout the Navy and the Marine Corps for purposes
for which Smart Cards are suitable.
H. R. 3616—59
(2) Not later than June 30, 1999, the Secretary of the Navy
shall equip with Smart Card technology at least one carrier battle
group, one carrier air wing, and one amphibious readiness group
(including the Marine Corps units embarked on the vessels of
such battle and readiness groups) in each of the United States
Atlantic Command and the United States Pacific Command.
(3) None of the funds appropriated pursuant to any authoriza-
tion of appropriations in this Act may be expended after June
30, 1999, for the procurement of the Joint Uniformed Services
Identification card for members of the Navy or the Marine Corps
or for the issuance of such card to such members, until the Secretary
of the Navy certifies in writing to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives that the Secretary has completed the
issuance of Smart Cards in accordance with paragraph (2).
(d) DEFENSE-WIDE PLAN.—Not later than March 31, 1999, the
Secretary of Defense shall submit to the congressional defense
committees a plan for the use of Smart Card technology by each
military department. The Secretary shall include in the plan an
estimate of the costs of the plan, the savings to be derived from
carrying out the plan, and a description of the ways in which
the Department of Defense will review and revise business practices
to take advantage of Smart Card technology.
SEC. 345. CONTRACTOR-OPERATED CIVIL ENGINEERING SUPPLY
STORES PROGRAM.
(a) DEFINITIONS.—In this section:
(1) The term ‘‘contractor-operated civil engineering supply
store’’ means a Government-owned facility that, as of the date
of the enactment of this Act, is operated by a contractor under
the contractor-operated civil engineering supply store program
of the Department of the Air Force (known as the ‘‘COCESS
program’’) for the purpose of—
(A) maintaining inventories of civil engineering sup-
plies on behalf of a military department; and
(B) furnishing such supplies to the department as
needed.
(2) The term ‘‘civil engineering supplies’’ means parts and
supplies needed for the repair and maintenance of military
installations.
(b) FINDINGS.—Congress finds the following:
(1) In 1970, the Strategic Air Command of the Air Force
began to use contractor-operated civil engineering supply stores
to improve the efficiency and effectiveness of materials manage-
ment and relieve the Air Force from having to maintain large
inventories of civil engineering supplies.
(2) Contractor-operated civil engineering supply stores are
designed to support the civil engineering and public works
efforts of the Armed Forces through the provision of quality
civil engineering supplies at competitive prices and within a
reasonable period of time.
(3) Through the use of a contractor-operated civil engineer-
ing supply store, a guaranteed inventory level of civil engineer-
ing supplies is maintained at a military installation, which
ensures that urgently needed civil engineering supplies are
available on site.
H. R. 3616—60
(4) The contractor operating the contractor-operated civil
engineering supply store is an independent business organiza-
tion whose customer is a military department and the Armed
Forces and who is subject to all the rules of private business
and the regulations of the Government.
(5) The use of contractor-operated civil engineering supply
stores ensures the best price and best buy for the Government.
(6) Ninety-five percent of the cost savings realized through
the use of contractor-operated civil engineering supply stores
is due to savings in the cost of actually procuring supplies.
(7) In the past 30 years, private contractors have never
lost a cost comparison conducted pursuant to the criteria set
forth in Office of Management and Budget Circular A–76 for
the provision of civil engineering supplies to the Government.
(c) CONDITIONS
ON
MULTI-FUNCTION
CONTRACTS.—A civil
engineering supplies function that is performed, as of the date
of the enactment of this Act, by a contractor-operated civil engineer-
ing supply store may not be combined with another supply function
or any service function, including any base operating support func-
tion, for purposes of competition or contracting, until 60 days after
the date on which the Secretary of Defense submits to Congress
a report—
(1) notifying Congress of the proposed combined competi-
tion or contract; and
(2) explaining why a combined competition or contract is
the best method by which to achieve cost savings and effi-
ciencies to the Government.
(d) GAO REVIEWS.—Not later than 50 days after the date
on which the Secretary of Defense submits a report to Congress
under subsection (c), the Comptroller General shall review the
report and submit to Congress a briefing regarding whether the
cost savings and efficiencies identified in the report are achievable.
(e) RELATIONSHIP TO OTHER LAWS.—If a civil engineering sup-
plies function covered by subsection (c) is proposed for combination
with a supply or service function that is subject to the study
and reporting requirements of section 2461 of title 10, United
States Code, the Secretary of Defense may include the report
required under subsection (c) as part of the report under such
section.
SEC. 346. CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED
UNDER PRIME VENDOR CONTRACTS FOR DEPOT-LEVEL
MAINTENANCE AND REPAIR.
(a) CONDITIONS ON EXPANDED USE.—The Secretary of Defense
or the Secretary of a military department, as the case may be,
may not enter into a prime vendor contract for depot-level mainte-
nance and repair of a weapon system or other military equipment
described in section 2464(a)(3) of title 10, United States Code,
before the end of the 30-day period beginning on the date on
which the Secretary submits to Congress a report, specific to the
proposed contract, that—
(1) describes the competitive procedures to be used to award
the prime vendor contract; and
(2) contains an analysis of costs and benefits that dem-
onstrates that use of the prime vendor contract will result
in savings to the Government over the life of the contract.
(b) DEFINITIONS.—In this section:
H. R. 3616—61
(1) The term ‘‘prime vendor contract’’ means an innovative
contract that gives a defense contractor the responsibility to
manage, store, and distribute inventory, manage and provide
services, or manage and perform research, on behalf of the
Department of Defense on a frequent, regular basis, for users
within the Department on request. The term includes contracts
commonly referred to as prime vendor support contracts, flexi-
ble sustainment contracts, and direct vendor delivery contracts.
(2) The term ‘‘depot-level maintenance and repair’’ has
the meaning given such term in section 2460 of title 10, United
States Code.
(c) RELATIONSHIP TO OTHER LAWS.—Nothing in this section
shall be construed to exempt a prime vendor contract from the
requirements of section 2461 of title 10, United States Code, or
any other provision of chapter 146 of such title.
SEC. 347. BEST COMMERCIAL INVENTORY PRACTICES FOR MANAGE-
MENT OF SECONDARY SUPPLY ITEMS.
(a) DEVELOPMENT AND SUBMISSION OF SCHEDULE.—Not later
than 180 days after the date of the enactment of this Act, the
Secretary of each military department shall submit to Congress
a schedule for implementing within the military department, for
secondary supply items managed by that military department,
inventory practices identified by the Secretary as being the best
commercial inventory practices for the acquisition and distribution
of such supply items consistent with military requirements. The
schedule shall provide for the implementation of such practices
to be completed not later than five years after the date of the
enactment of this Act.
(b) DEFINITION.—For purposes of this section, the term ‘‘best
commercial inventory practice’’ includes cellular repair processes,
use of third-party logistics providers, and any other practice that
the Secretary of the military department determines will enable
the military department to reduce inventory levels while improving
the responsiveness of the supply system to user needs.
(c) GAO REPORTS
ON MILITARY DEPARTMENT
AND DEFENSE
LOGISTICS AGENCY SCHEDULES.—(1) Not later than 240 days after
the date of the enactment of this Act, the Comptroller General
shall submit to Congress a report evaluating the extent to which
the Secretary of each military department has complied with the
requirements of this section.
(2) Not later than 18 months after the date on which the
Director of the Defense Logistics Agency submits to Congress a
schedule for implementing best commercial inventory practices
under section 395 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1718; 10 U.S.C.
2458 note), the Comptroller General shall submit to Congress an
evaluation of the extent to which best commercial inventory prac-
tices are being implemented in the Defense Logistics Agency in
accordance with that schedule.
SEC. 348. PERSONNEL REDUCTIONS IN ARMY MATERIEL COMMAND.
Not later than March 31, 1999, the Comptroller General shall
submit to the congressional defense committees a report concern-
ing—
(1) the effect that the quadrennial defense review’s pro-
posed personnel reductions in the Army Materiel Command
will have on workload and readiness if implemented; and
H. R. 3616—62
(2) the projected cost savings from such reductions and
the manner in which such savings are expected to be achieved.
SEC. 349. INVENTORY MANAGEMENT OF IN-TRANSIT ITEMS.
(a) REQUIREMENT FOR PLAN.—Not later than March 1, 1999,
the Secretary of Defense shall submit to Congress a comprehensive
plan to ensure visibility over all in-transit end items and secondary
items.
(b) END ITEMS.—The plan required by subsection (a) shall
address the specific mechanisms to be used to enable the Depart-
ment of Defense to identify at any time the quantity and location
of all end items.
(c) SECONDARY ITEMS.—The plan required by subsection (a)
shall address the following problems with Department of Defense
management of inventories of in-transit secondary items:
(1) The vulnerability of in-transit secondary items to loss
through fraud, waste, and abuse.
(2) Loss of oversight of in-transit secondary items, including
any loss of oversight when items are being transported by
commercial carriers.
(3) Loss of accountability for in-transit secondary items
due to either a delay of delivery of the items or a lack of
notification of a delivery of the items.
(d) CONTENT OF PLAN.—The plan shall include for subsection
(b) and for each of the problems described in subsection (c) the
following information:
(1) The actions to be taken by the Department.
(2) Statements of objectives.
(3) Performance measures and schedules.
(4) An identification of any resources necessary for
implementing the required actions, together with an estimate
of the annual costs.
(e) GAO REVIEWS.—(1) Not later than 60 days after the date
on which the Secretary of Defense submits the plan to Congress,
the Comptroller General shall review the plan and submit to Con-
gress any comments that the Comptroller General considers appro-
priate regarding the plan.
(2) The Comptroller General shall monitor any implementation
of the plan and, not later than 1 year after the date referred
to in paragraph (1), submit to Congress an assessment of the
extent to which the plan has been implemented.
SEC. 350. REVIEW OF DEFENSE AUTOMATED PRINTING SERVICE FUNC-
TIONS.
(a) REVIEW REQUIRED.—The Secretary of Defense shall provide
for a review of the functions of the Defense Automated Printing
Service in accordance with this section and shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives the matters
required under subsection (f ) not later than March 31, 1999.
(b) PERFORMANCE BY INDEPENDENT ENTITY.—The Secretary of
Defense shall select the General Accounting Office, an experienced
entity in the private sector, or any other entity outside the Depart-
ment of Defense to perform the review under this section. The
Comptroller General shall perform the review if the Secretary
selects the Comptroller General to do so.
(c) CONSULTATION.—Regardless of the entity selected by the
Secretary under subsection (b) to perform the review, the entity
H. R. 3616—63
shall perform the review in consultation with persons in the private
sector who have expertise and experience in performing in the
private sector functions similar to the functions performed by the
Defense Automated Printing Service. If such a person obtains any
privileged information (as defined by the Secretary of Defense)
as a result of participating in the review, the person may not
receive a contract, either through the Department of Defense or
the Government Printing Office, to provide services for the Depart-
ment of Defense similar to the functions performed by the Defense
Automated Printing Service for a one-year period beginning on
the date the report is submitted to the Secretary of Defense under
subsection (e).
(d) ELEMENTS OF REVIEW.—In performing the review under
this section, the entity selected under subsection (b) shall specifi-
cally address the following:
(1) The functions performed by the Defense Automated
Printing Service.
(2) The functions of the Defense Automated Printing Serv-
ice that are inherently national security functions and, as such,
need to be performed within the Department of Defense.
(3) The functions of the Defense Automated Printing Serv-
ice that are appropriate for transfer to another appropriate
entity to perform, including a private sector entity.
(4) The appropriate management structure of the Defense
Automated Printing Service, the effectiveness of the current
structure of the Defense Automated Printing Service in support-
ing current and future customer requirements, and any plans
to address any deficiencies in supporting such requirements.
(5) The current and future requirements of customers of
the Defense Automated Printing Service.
(6) The best business practices that are used by the Defense
Automated Printing Service and other best business practices
that could be used by the Defense Automated Printing Service.
(7) Options for maximizing the Defense Automated Printing
Service structure and services to provide the most cost effective
service to its customers.
(e) REPORT ON RESULTS OF REVIEW.—The entity performing
the review under this section shall submit to the Secretary of
Defense a report that sets forth the results of the review. In addition
to specifically addressing the matters specified in subsection (d),
the report shall also include the following:
(1) A list of all sites where functions of the Defense Auto-
mated Printing Service are performed by the Defense Auto-
mated Printing Service.
(2) The total number of the personnel employed by the
Defense Automated Printing Service and the locations where
the personnel perform the duties as employees.
(3) For each site identified under paragraph (1), an assess-
ment of each type of equipment at the site.
(4) The types and explanation of the networking and tech-
nology integration linking all of the sites referred to in para-
graph (1).
(5) For each function of the Defense Automated Printing
Service determined to be an inherently national security func-
tion under subsection (d)(2), a detailed justification for the
determination.
H. R. 3616—64
(6) For each function of the Defense Automated Printing
Service determined to be appropriate for transfer under sub-
section (d)(3), a detailed assessment of the costs or savings
associated with the transfer.
(f ) REVIEW AND COMMENTS OF SECRETARY OF DEFENSE.—(1)
After reviewing the report submitted under subsection (e), the Sec-
retary of Defense shall submit the report to Congress. The Secretary
shall include with the report the following:
(1) The Secretary’s comments and recommendations regard-
ing the report.
(2) A plan to transfer to another appropriate entity, or
contract with another appropriate entity for, the performance
of the functions of the Defense Automated Printing Service
that—
(A) are not identified in the review as being inherently
national security functions; and
(B) the Secretary believes should be transferred or
contracted for performance outside the Department of
Defense in accordance with law.
(3) Any recommended legislation and any administrative
action that is necessary for transferring or contracting for the
performance of the functions.
(g) EXTENSION OF REQUIREMENT FOR COMPETITIVE PROCURE-
MENT
OF
SERVICES.—Section 351(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 266), as amended by section 351(a) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2490) and section 387(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1713),
is further amended by striking out ‘‘1998’’ and inserting in lieu
thereof ‘‘1999’’.
SEC. 351. DEVELOPMENT OF PLAN FOR ESTABLISHMENT OF CORE
LOGISTICS 
CAPABILITIES 
FOR 
MAINTENANCE 
AND
REPAIR OF C–17 AIRCRAFT.
(a) PLAN REQUIRED.—Not later than March 1, 1999, the Sec-
retary of the Air Force shall submit to Congress a plan for the
establishment of the core logistics capabilities for the C–17 aircraft
consistent with the requirements of section 2464 of title 10, United
States Code.
(b) EFFECT ON EXISTING CONTRACT.—After March 1, 1999, the
Secretary of the Air Force may not extend the Interim Contract
for the C–17 Flexible Sustainment Program before the end of the
60-day period beginning on the date on which the plan required
by subsection (a) is received by Congress.
(c) COMPTROLLER GENERAL REVIEW.—During the period speci-
fied in subsection (b), the Comptroller General shall review the
plan required under subsection (a) and submit to Congress a report
evaluating the merits of the plan.
H. R. 3616—65
Subtitle F—Commissaries and
Nonappropriated Fund Instrumentalities
SEC. 361. CONTINUATION OF MANAGEMENT AND FUNDING OF
DEFENSE COMMISSARY AGENCY THROUGH THE OFFICE
OF THE SECRETARY OF DEFENSE.
(a) MANAGEMENT AND FUNDING RESPONSIBILITIES.—Section 192
of title 10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(d) SPECIAL RULE FOR DEFENSE COMMISSARY AGENCY.—Not-
withstanding the results of any periodic review under subsection
(c) with regard to the Defense Commissary Agency, the Secretary
of Defense may not transfer to the Secretary of a military depart-
ment the responsibility to manage and fund the provision of services
and supplies provided by the Defense Commissary Agency unless
the transfer of the management and funding responsibility is specifi-
cally authorized by a law enacted after the date of the enactment
of this subsection.’’.
(b) GOVERNING BOARD.—Section 2482 of such title is amended
by adding at the end the following new subsection:
‘‘(c) GOVERNING BOARD.—(1) Notwithstanding section 192(d)
of this title, the Secretary of Defense shall establish a governing
board for the commissary system to provide advice to the Secretary
regarding the prudent operation of the commissary system and
to assist in the overall supervision of the Defense Commissary
Agency. The Secretary may authorize the board to have such super-
visory authority as the Secretary considers appropriate to permit
the board to carry out its responsibilities.
‘‘(2) The Secretary of Defense shall determine the membership
of the governing board, which shall include, at a minimum, appro-
priate representatives from each military department.
‘‘(3) The governing board shall be accountable only to the Sec-
retary of Defense and to the civilian officer of the Department
of Defense who is assigned the responsibility for the overall super-
vision of the Defense Commissary Agency pursuant to section 192(a)
of this title. The Director of the Defense Commissary Agency shall
be accountable to and report to the board.’’.
SEC. 362. EXPANSION OF CURRENT ELIGIBILITY OF RESERVES FOR
COMMISSARY BENEFITS.
(a) DAYS OF ELIGIBILITY FOR READY RESERVE MEMBERS WITH
50 CREDITABLE POINTS.—Section 1063 of title 10, United States
Code, is amended—
(1) by striking out subsection (b); and
(2) in subsection (a)—
(A) by striking out ‘‘(1)’’;
(B) by striking out ‘‘12 days of eligibility’’ and inserting
in lieu thereof ‘‘24 days of eligibility’’; and
(C) by striking out ‘‘(2) Paragraph (1)’’ and inserting
in lieu thereof ‘‘(b) EFFECT OF COMPENSATION OR TYPE
OF DUTY.—Subsection (a)’’.
(b) DAYS OF ELIGIBILITY FOR RESERVE RETIREES UNDER AGE
60.—Section 1064 of such title is amended by striking out ‘‘for
12 days each calendar year’’ and inserting in lieu thereof ‘‘for
24 days each calendar year’’.
H. R. 3616—66
(c) ELIGIBILITY OF MEMBERS OF NATIONAL GUARD SERVING IN
FEDERALLY DECLARED DISASTER.—Chapter 54 of such title is
amended by inserting after section 1063 the following new section:
‘‘§ 1063a. Use of commissary stores and MWR retail facilities:
members of National Guard serving in federally
declared disaster
‘‘(a) ELIGIBILITY
OF MEMBERS.—A member of the National
Guard who, although not in Federal service, is called or ordered
to duty in response to a federally declared disaster shall be per-
mitted to use commissary stores and MWR retail facilities during
the period of such duty on the same basis as members of the
armed forces on active duty.
‘‘(b) ELIGIBILITY OF DEPENDENTS.—A dependent of a member
of the National Guard who is permitted under subsection (a) to
use commissary stores and MWR retail facilities shall be permitted
to use such stores and facilities, during the same period as the
member, on the same basis as dependents of members of the armed
forces on active duty.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) FEDERALLY DECLARED DISASTER.—The term ‘federally
declared disaster’ means a disaster or other situation for which
a Presidential declaration of major disaster is issued under
section 401 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170).
‘‘(2) MWR RETAIL FACILITIES.—The term ‘MWR retail facili-
ties’ has the meaning given that term in section 1065(e) of
this title.’’.
(d) SECTION HEADINGS.—(1) The heading of section 1063 of
such title is amended to read as follows:
‘‘§ 1063. Use of commissary stores: members of Ready Reserve
with at least 50 creditable points’’.
(2) The heading of section 1064 of such title is amended to
read as follows:
‘‘§ 1064. Use of commissary stores: persons qualified for
retired pay under chapter 1223 but under age
60’’.
(e) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 54 of such title is amended by striking out the
items relating to sections 1063 and 1064 and inserting in lieu
thereof the following items:
‘‘1063. Use of commissary stores: members of Ready Reserve with at least 50
creditable points.
‘‘1063a. Use of commissary stores and MWR retail facilities: members of National
Guard serving in federally declared disaster.
‘‘1064. Use of commissary stores: persons qualified for retired pay under chapter
1223 but under age 60.’’.
SEC. 363. COSTS PAYABLE TO THE DEPARTMENT OF DEFENSE AND
OTHER FEDERAL AGENCIES FOR SERVICES PROVIDED
TO THE DEFENSE COMMISSARY AGENCY.
(a) LIMITATION.—Section 2482(b)(1) of title 10, United States
Code, is amended by adding at the end the following: ‘‘However,
the Defense Commissary Agency may not pay for any such service
provided by the United States Transportation Command any
amount that exceeds the price at which the service could be pro-
cured through full and open competition, as such term is defined
H. R. 3616—67
in section 4(6) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(6)).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to services provided or obtained on or
after the date of the enactment of this Act.
SEC. 364. COLLECTION OF DISHONORED CHECKS PRESENTED AT COM-
MISSARY STORES.
Section 2486 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1) The Secretary
of Defense may impose a charge for the collection of a check accepted
at a commissary store that is not honored by the financial institu-
tion on which the check is drawn. The imposition and amounts
of charges shall be consistent with practices of commercial grocery
stores regarding dishonored checks.
‘‘(2)(A) The following persons are liable to the United States
for the amount of a check referred to in paragraph (1) that is
returned unpaid to the United States, together with any charge
imposed under that paragraph:
‘‘(i) The person who presented the check.
‘‘(ii) Any person whose status and relationship to the person
who presented the check provide the basis for that person’s
eligibility to make purchases at a commissary store.
‘‘(B) Any amount for which a person is liable under subpara-
graph (A) may be collected by deducting and withholding such
amount from any amounts payable to that person by the United
States.
‘‘(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.
‘‘(4) Appropriated funds may be used to pay any costs incurred
in the collection of checks and charges referred to in paragraph
(1). An appropriation account charged a cost under the preceding
sentence shall be reimbursed the amount of that cost out of funds
in the commissary trust revolving fund.
‘‘(5) In this subsection, the term ‘commissary trust revolving
fund’ means the trust revolving fund maintained by the Department
of Defense for surcharge collections and proceeds of sales of com-
missary stores.’’.
SEC. 365. RESTRICTIONS ON PATRON ACCESS TO, AND PURCHASES
IN, OVERSEAS COMMISSARIES AND EXCHANGE STORES.
(a) AUTHORITY
TO
IMPOSE
RESTRICTIONS; LIMITATIONS
ON
AUTHORITY.—Chapter 147 of title 10, United States Code, is amend-
ed by adding at the end the following new section:
‘‘§ 2492. Overseas commissary and exchange stores: access
and purchase restrictions
‘‘(a) GENERAL AUTHORITY.—(1) The Secretary of Defense may
establish restrictions on the ability of eligible patrons of commissary
and exchange stores located outside of the United States to purchase
certain merchandise items (or the quantity of certain merchandise
items) otherwise included within an authorized merchandise cat-
egory if the Secretary determines that such restrictions are nec-
essary to prevent the resale of such merchandise in violation of
treaty obligations of the United States or host nation laws (to
the extent such laws are not inconsistent with United States laws).