H. R. 3616—136
Law 104–201; 110 Stat. 2585) is amended by adding at the end
the following new paragraphs:
‘‘(3) If there is no surviving spouse or surviving child,
to the parents of the decedent, in equal shares, or, if one
parent of the decedent has died, to the surviving parent.
‘‘(4) If there is no surviving spouse, surviving child, or
surviving parent, to the surviving siblings by blood of the
decedent, in equal shares.’’.
(b) PERMITTED
RECIPIENTS
OF
PAYMENT
DISBURSEMENT.—
Subsection (f )(1) of such section is amended by striking out ‘‘The
actual disbursement’’ and inserting in lieu thereof ‘‘Notwithstanding
any agreement (including a power of attorney) to the contrary,
the actual disbursement’’.
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.
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.
H. R. 3616—137
Subtitle A—Health Care Services
SEC. 701. DEPENDENTS’ DENTAL PROGRAM.
(a) PREMIUM INCREASE.—Section 1076a(b)(2) of title 10, United
States Code, is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(B) by adding at the end the following:
‘‘(B) Effective as of January 1 of each year, the amount of
the premium required under subparagraph (A) shall be increased
by the percent equal to the lesser of—
‘‘(i) the percent by which the rates of basic pay of members
of the uniformed services are increased on such date; or
‘‘(ii) the sum of one-half percent and the percent computed
under section 5303(a) of title 5 for the increase in rates of
basic pay for statutory pay systems for pay periods beginning
on or after such date.’’.
(2) The amendment made by subparagraph (B) of paragraph
(1) shall take effect on January 1, 1999, and shall apply to months
after 1998 as if such subparagraph had been in effect since Decem-
ber 31, 1993.
(b) LIMITATION ON REDUCTION OF BENEFITS.—Section 1076a
is further amended by adding at the end the following new sub-
section:
‘‘( j) LIMITATION ON REDUCTION OF BENEFITS.—The Secretary
of Defense may not reduce benefits provided under this section
until—
‘‘(1) the Secretary provides notice of the Secretary’s intent
to reduce such benefits to the Committee on National Security
of the House of Representatives and the Committee on Armed
Services of the Senate; and
‘‘(2) 1 year has elapsed following the date of such notice.’’.
SEC. 702. EXPANSION OF DEPENDENT ELIGIBILITY UNDER RETIREE
DENTAL PROGRAM.
(a) IN GENERAL.—Subsection (b) of section 1076c of title 10,
United States Code, is amended—
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new para-
graph:
‘‘(4) Eligible dependents of a member described in para-
graph (1) or (2) who is not enrolled in the plan and who—
‘‘(A) is enrolled under section 1705 of title 38 to receive
dental care from the Secretary of Veterans Affairs;
‘‘(B) is enrolled in a dental plan that—
‘‘(i) is available to the member as a result of
employment by the member that is separate from the
military service of the member; and
‘‘(ii) is not available to dependents of the member
as a result of such separate employment by the mem-
ber; or
‘‘(C) is prevented by a medical or dental condition
from being able to obtain benefits under the plan.’’.
(b) CONFORMING AMENDMENT.—Subsection (f )(3) of such section
is amended by striking out ‘‘(b)(4)’’ and inserting in lieu thereof
‘‘(b)(5)’’.
H. R. 3616—138
SEC. 703. PLAN FOR REDESIGN OF MILITARY PHARMACY SYSTEM.
(a) PLAN REQUIRED.—The Secretary of Defense shall submit
to Congress a plan that would provide for a system-wide redesign
of the military and contractor retail and mail-order pharmacy sys-
tem of the Department of Defense by incorporating ‘‘best business
practices’’ of the private sector. The Secretary shall work with
contractors of TRICARE retail pharmacy and national mail-order
pharmacy programs to develop a plan for the redesign of the phar-
macy system that—
(1) may include a plan for an incentive-based formulary
for military medical treatment facilities and contractors of
TRICARE retail pharmacies and the national mail-order phar-
macy; and
(2) shall include a plan for each of the following:
(A) A uniform formulary for such facilities and contrac-
tors.
(B) A centralized database that integrates the patient
databases of pharmacies of military medical treatment
facilities and contractor retail and mail-order programs
to implement automated prospective drug utilization review
systems.
(C) A system-wide drug benefit for covered beneficiaries
under chapter 55 of title 10, United States Code, who
are entitled to hospital insurance benefits under part A
of title XVIII of the Social Security Act (42 U.S.C. 1395c
et seq.).
(b) SUBMISSION OF PLAN.—The Secretary shall submit the plan
required under subsection (a) not later than March 1, 1999.
(c) SUSPENSION
OF
IMPLEMENTATION
OF
PROGRAM.—The
Secretary shall suspend any plan to establish a national retail
pharmacy program for the Department of Defense until—
(1) the plan required under subsection (a) is submitted;
and
(2) the Secretary implements cost-saving reforms with
respect to the military and contractor retail and mail order
pharmacy system.
SEC. 704. TRANSITIONAL AUTHORITY TO PROVIDE CONTINUED
HEALTH 
CARE 
COVERAGE 
FOR 
CERTAIN 
PERSONS
UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) TRANSITIONAL COVERAGE.—The administering Secretaries
may continue eligibility of a person described in subsection (b)
for health care coverage under the Civilian Health and Medical
Program of the Uniformed Services based on a determination that
such continuation is appropriate to assure health care coverage
for any such person who may have been unaware of the loss
of eligibility to receive health benefits under that program.
(b) PERSONS ELIGIBLE.—A person shall be eligible for transi-
tional health care coverage under subsection (a) if the person—
(1) is a person described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) in the absence of such paragraph, would be eligible
for health benefits under such section; and
(3) satisfies the criteria specified in subparagraphs (A)
and (B) of paragraph (2) of such subsection.
(c) EXTENT
OF TRANSITIONAL AUTHORITY.—The authority to
continue eligibility under this section shall apply with respect to
H. R. 3616—139
health care services provided between October 1, 1998, and July
1, 1999.
(d) DEFINITION.—In this section, the term ‘‘administering Sec-
retaries’’ has the meaning given that term in section 1072(3) of
title 10, United States Code.
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.
(a) IN GENERAL.—(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095a the following
new section:
‘‘§ 1095b. TRICARE program: contractor payment of certain
claims
‘‘(a) PAYMENT OF CLAIMS.—(1) The Secretary of Defense may
authorize a contractor under the TRICARE program to pay a claim
described in paragraph (2) before seeking to recover from a third-
party payer the costs incurred by the contractor to provide health
care services that are the basis of the claim to a beneficiary under
such program.
‘‘(2) A claim under this paragraph is a claim—
‘‘(A) that is submitted to the contractor by a provider under
the TRICARE program for payment for services for health
care provided to a covered beneficiary; and
‘‘(B) that is identified by the contractor as a claim for
which a third-party payer may be liable.
‘‘(b) RECOVERY FROM THIRD-PARTY PAYERS.—A contractor for
the provision of health care services under the TRICARE program
that pays a claim described in subsection (a)(2) shall have the
right to collect from the third-party payer the costs incurred by
such contractor on behalf of the covered beneficiary. The contractor
shall have the same right to collect such costs under this subsection
as the right of the United States to collect costs under section
1095 of this title.
‘‘(c) DEFINITION OF THIRD-PARTY PAYER.—In this section, the
term ‘third-party payer’ has the meaning given that term in section
1095(h) of this title, except that such term excludes primary medical
insurers.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1095a the following new item:
‘‘1095b. TRICARE program: contractor payment of certain claims.’’.
SEC. 712. TRICARE PRIME AUTOMATIC ENROLLMENTS AND RETIREE
PAYMENT OPTIONS.
(a) PROCEDURES.—(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1097 the following
new section:
‘‘§ 1097a. TRICARE Prime: automatic enrollments; payment
options
‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPENDENTS.—Each
dependent of a member of the uniformed services in grade E4
H. R. 3616—140
or below who is entitled to medical and dental care under section
1076(a)(2)(A) of this title and resides in the catchment area of
a facility of a uniformed service offering TRICARE Prime shall
be automatically enrolled in TRICARE Prime at the facility. The
Secretary concerned shall provide written notice of the enrollment
to the member. The enrollment of a dependent of the member
may be terminated by the member or the dependent at any time.
‘‘(b) AUTOMATIC RENEWAL OF ENROLLMENTS OF COVERED BENE-
FICIARIES.—(1) An enrollment of a covered beneficiary in TRICARE
Prime shall be automatically renewed upon the expiration of the
enrollment unless the renewal is declined.
‘‘(2) Not later than 15 days before the expiration date for
an enrollment of a covered beneficiary in TRICARE Prime, the
Secretary concerned shall—
‘‘(A) transmit a written notification of the pending expira-
tion and renewal of enrollment to the covered beneficiary or,
in the case of a dependent of a member of the uniformed
services, to the member; and
‘‘(B) afford the beneficiary or member, as the case may
be, an opportunity to decline the renewal of enrollment.
‘‘(c) PAYMENT OPTIONS FOR RETIREES.—A member or former
member of the uniformed services eligible for medical care and
dental care under section 1074(b) of this title may elect to have
any fee payable by the member or former member for an enrollment
in TRICARE Prime withheld from the member’s retired pay,
retainer pay, or equivalent pay, as the case may be, or to be
paid from a financial institution through electronic transfers of
funds. The fee shall be paid in accordance with the election. A
member may elect under this section to pay the fee in full at
the beginning of the enrollment period or to make payments on
a monthly or quarterly basis.
‘‘(d) REGULATIONS AND EXCEPTIONS.—The Secretary of Defense
shall prescribe regulations, including procedures, to carry out this
section. Regulations prescribed to carry out the automatic enroll-
ment requirements under this section may include such exceptions
to the automatic enrollment procedures as the Secretary determines
appropriate for the effective operation of TRICARE Prime.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘TRICARE Prime’ means the managed care
option of the TRICARE program.
‘‘(2) The term ‘catchment area’, with respect to a facility
of a uniformed service, means the service area of the facility,
as designated under regulations prescribed by the administer-
ing Secretaries.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1097
the following new item:
‘‘1097a. TRICARE Prime: automatic enrollments; payment options.’’.
(b) DEADLINE FOR IMPLEMENTATION.—The regulations required
under subsection (d) of section 1097a of title 10, United States
Code (as added by subsection (a)), shall be prescribed to take
effect not later than September 30, 1999. The section shall be
applied under TRICARE Prime on and after the date on which
the regulations take effect.
H. R. 3616—141
SEC. 713. SYSTEM FOR TRACKING DATA AND MEASURING PERFORM-
ANCE IN MEETING TRICARE ACCESS STANDARDS.
(a) REQUIREMENT TO ESTABLISH SYSTEM.—(1) The Secretary
of Defense shall establish a system—
(A) to track data regarding access of covered beneficiaries
under chapter 55 of title 10, United States Code, to primary
health care under the TRICARE program; and
(B) to measure performance in increasing such access
against the primary care access standards established by the
Secretary under the TRICARE program.
(2) In implementing the system described in paragraph (1),
the Secretary shall collect data on the timeliness of appointments
and precise waiting times for appointments in order to measure
performance in meeting the primary care access standards estab-
lished under the TRICARE program.
(b) DEADLINE FOR ESTABLISHMENT.—The Secretary shall estab-
lish the system described in subsection (a) not later than April
1, 1999.
SEC. 714. ESTABLISHMENT OF APPEALS PROCESS FOR CLAIMCHECK
DENIALS.
(a) ESTABLISHMENT OF APPEALS PROCESS.—Not later than Janu-
ary 1, 1999, the Secretary of Defense shall establish an appeals
process in cases of denials through the ClaimCheck computer soft-
ware system (or any other claims processing system that may
be used by the Secretary) of claims by civilian providers for payment
for health care services provided under the TRICARE program.
(b) REPORT.—Not later than March 1, 1999, the Secretary shall
submit to Congress a report on the implementation of this section.
SEC. 715. REVIEWS RELATING TO ACCESSIBILITY OF HEALTH CARE
UNDER TRICARE.
(a) REVIEW OF REHABILITATIVE SERVICES FOR HEAD INJURIES.—
The Secretary of Defense shall review policies under the TRICARE
program (including a review of the TRICARE policy manual) to
determine if policies addressing the availability of rehabilitative
services for TRICARE patients suffering from head injuries are
adequate and appropriately address consideration of certification
by an attending physician that such services would be beneficial
for such a patient.
(b) REVIEW OF ADEQUACY OF PROVIDER NETWORK.—The Sec-
retary of Defense shall review the administration of the TRICARE
Prime health plans to determine whether, for each region covered
by such a plan, there is a sufficient number, distribution, and
variety of qualified participating health care providers to ensure
that covered health care services, including specialty services and
rehabilitative services, are accessible in the vicinity of the residence
of the enrollees and available in a timely manner to such enrollees,
regardless of where such enrollees are located within the TRICARE
region.
(c) REPORT.—Not later than April 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 reviews required
by subsections (a) and (b), together with a description of any actions
taken or directed as a result of those reviews.
H. R. 3616—142
Subtitle C—Health Care Services for Medi-
care-Eligible 
Department 
of 
Defense
Beneficiaries
SEC. 721. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED
BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH
BENEFITS PROGRAM.
(a) FEHBP DEMONSTRATION PROJECT.—(1) Chapter 55 of title
10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 1108. Health care coverage through Federal Employees
Health Benefits program: demonstration project
‘‘(a) FEHBP OPTION
DEMONSTRATION.—The Secretary of
Defense, after consulting with the other administering Secretaries,
shall enter into an agreement with the Office of Personnel Manage-
ment to conduct a demonstration project (in this section referred
to as the ‘demonstration project’) under which eligible beneficiaries
described in subsection (b) and residing within one of the areas
covered by the demonstration project may enroll in health benefits
plans offered through the Federal Employees Health Benefits pro-
gram under chapter 89 of title 5. The number of eligible bene-
ficiaries and family members of such beneficiaries under subsection
(b)(2) who may be enrolled in health benefits plans during the
enrollment period under subsection (d)(2) may not exceed 66,000.
‘‘(b) ELIGIBLE BENEFICIARIES; COVERAGE.—(1) An eligible bene-
ficiary under this subsection is—
‘‘(A) a member or former member of the uniformed services
described in section 1074(b) of this title who is entitled to
hospital insurance benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq.);
‘‘(B) an individual who is an unremarried former spouse
of a member or former member described in section 1072(2)(F)
or 1072(2)(G));
‘‘(C) an individual who is—
‘‘(i) a dependent of a deceased member or former mem-
ber described in section 1076(b) or 1076(a)(2)(B) of this
title or of a member who died while on active duty for
a period of more than 30 days; and
‘‘(ii) a member of family as defined in section 8901(5)
of title 5; or
‘‘(D) an individual who is—
‘‘(i) a dependent of a living member or former member
described in section 1076(b)(1) of this title who is entitled
to hospital insurance benefits under part A of title XVIII
of the Social Security Act, regardless of the member’s or
former member’s eligibility for such hospital insurance
benefits; and
‘‘(ii) a member of family as defined in section 8901(5)
of title 5.
‘‘(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section
for self-only coverage or for self and family coverage which includes
any dependent of the member or former member who is a family
member for purposes of such chapter.
H. R. 3616—143
‘‘(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in chapter
89 of title 5 (except as provided in paragraph (1)(C) or (1)(D))
as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under
the demonstration project.
‘‘(4) For purposes of determining whether an individual is a
member of family under paragraph (5) of section 8901 of title
5 for purposes of paragraph (1)(C) or (1)(D), a member or former
member described in section 1076(b) or 1076(a)(2)(B) of this title
shall be deemed to be an employee under such section.
‘‘(5) An eligible beneficiary who is eligible to enroll in the
Federal Employees Health Benefits program as an employee under
chapter 89 of title 5 is not eligible to enroll in a Federal Employees
Health Benefits plan under this section.
‘‘(c) AREA
OF DEMONSTRATION PROJECT.—The Secretary of
Defense and the Director of the Office of Personnel Management
shall jointly identify and select the geographic areas in which
the demonstration project will be conducted. The Secretary and
the Director shall establish at least six, but not more than ten,
such demonstration areas. In establishing the areas, the Secretary
and Director shall include—
‘‘(1) an area that includes the catchment area of one or
more military medical treatment facilities;
‘‘(2) an area that is not located in the catchment area
of a military medical treatment facility;
‘‘(3) an area in which there is a Medicare Subvention Dem-
onstration project area under section 1896 of title XVIII of
the Social Security Act (42 U.S.C. 1395ggg); and
‘‘(4) not more than one area for each TRICARE region.
‘‘(d) DURATION OF DEMONSTRATION PROJECT.—(1) The Secretary
of Defense shall conduct the demonstration project during three
contract years under the Federal Employees Health Benefits pro-
gram.
‘‘(2) Eligible beneficiaries shall, as provided under the agree-
ment pursuant to subsection (a), be permitted to enroll in the
demonstration project during an open enrollment period for the
year 2000 (conducted in the fall of 1999). The demonstration project
shall terminate on December 31, 2002.
‘‘(e) PROHIBITION AGAINST USE
OF MTFS
AND ENROLLMENT
UNDER TRICARE.—Covered beneficiaries under this chapter who
are provided coverage under the demonstration project shall not
be eligible to receive care at a military medical treatment facility
or to enroll in a heath care plan under the TRICARE program.
‘‘(f ) TERM OF ENROLLMENT IN PROJECT.—(1) Subject to para-
graphs (2) and (3), the period of enrollment of an eligible beneficiary
who enrolls in the demonstration project during the open enrollment
period for the year 2000 shall be three years unless the beneficiary
disenrolls before the termination of the project.
‘‘(2) A beneficiary who elects to enroll in the project, and who
subsequently discontinues enrollment in the project before the end
of the period described in paragraph (1), shall not be eligible to
reenroll in the project.
‘‘(3) An eligible beneficiary enrolled in a Federal Employees
Health Benefits plan under this section may change health benefits
plans and coverage in the same manner as any other Federal
H. R. 3616—144
Employees Health Benefits program beneficiary may change such
plans.
‘‘(g) EFFECT OF CANCELLATION.—The cancellation by an eligible
beneficiary of coverage under the Federal Employee Health Benefits
program shall be irrevocable during the term of the demonstration
project.
‘‘(h) SEPARATE RISK POOLS; CHARGES.—(1) The Director of the
Office of Personnel Management shall require health benefits plans
under chapter 89 of title 5 that participate in the demonstration
project to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan
in accordance with this section.
‘‘(2) The Director shall determine total subscription charges
for self only or for family coverage for eligible beneficiaries who
enroll in a health benefits plan under chapter 89 of title 5 in
accordance with this section. The subscription charges shall include
premium charges paid to the plan and amounts described in section
8906(c) of title 5 for administrative expenses and contingency
reserves.
‘‘(i) GOVERNMENT CONTRIBUTIONS.—The Secretary of Defense
shall be responsible for the Government contribution for an eligible
beneficiary who enrolls in a health benefits plan under chapter
89 of title 5 in accordance with this section, except that the amount
of the contribution may not exceed the amount of the Government
contribution which would be payable if the electing beneficiary
were an employee (as defined for purposes of such chapter) enrolled
in the same health benefits plan and level of benefits.
‘‘( j) REPORT REQUIREMENTS.—(1) The Secretary of Defense and
the Director of the Office of Personnel Management shall jointly
submit to Congress two reports containing the information described
in paragraph (2). The first report shall be submitted not later
than the date that is 15 months after the date that the Secretary
begins to implement the demonstration project. The second report
shall be submitted not later than December 31, 2002.
‘‘(2) The reports required by paragraph (1) shall include the
following:
‘‘(A) Information on the number of eligible beneficiaries
who elect to participate in the demonstration project.
‘‘(B) An analysis of the percentage of eligible beneficiaries
who participate in the demonstration project as compared to
the percentage of covered beneficiaries under this chapter who
elect to enroll in a health care plan under such chapter.
‘‘(C) Information on eligible beneficiaries who elect to
participate in the demonstration project and did not have Medi-
care Part B coverage before electing to participate in the project.
‘‘(D) An analysis of the enrollment rates and cost of health
services provided to eligible beneficiaries who elect to partici-
pate in the demonstration project as compared with similarly
situated enrollees in the Federal Employees Health Benefits
program under chapter 89 of title 5.
‘‘(E) An analysis of how the demonstration project affects
the accessibility of health care in military medical treatment
facilities, and a description of any unintended effects on the
treatment priorities in those facilities in the demonstration
area.
‘‘(F) An analysis of any problems experienced by the Depart-
ment of Defense in managing the demonstration project.
H. R. 3616—145
‘‘(G) A description of the effects of the demonstration project
on medical readiness and training of the Armed Forces at
military medical treatment facilities located in the demonstra-
tion area, and a description of the probable effects that making
the project permanent would have on the medical readiness
and training.
‘‘(H) An examination of the effects that the demonstration
project, if made permanent, would be expected to have on
the overall budget of the Department of Defense, the budget
of the Office of Personnel Management, and the budgets of
individual military medical treatment facilities.
‘‘(I) An analysis of whether the demonstration project
affects the cost to the Department of Defense of prescription
drugs or the accessibility, availability, and cost of such drugs
to eligible beneficiaries.
‘‘(J) Any additional information that the Secretary of
Defense or the Director of the Office of Personnel Management
considers appropriate to assist Congress in determining the
viability of expanding the project to all Medicare-eligible mem-
bers of the uniformed services and their dependents.
‘‘(K) Recommendations on whether eligible beneficiaries—
‘‘(i) should be given more than one chance to enroll
in the demonstration project under this section;
‘‘(ii) should be eligible to enroll in the project only
during the first year following the date that the eligible
beneficiary becomes eligible to receive hospital insurance
benefits under part A of title XVIII of the Social Security
Act; or
‘‘(iii) should be eligible to enroll in the project only
during the 2-year period following the date on which the
beneficiary first becomes eligible to enroll in the project.
‘‘(k) COMPTROLLER GENERAL REPORT.—Not later than December
31, 2002, the Comptroller General shall submit to Congress a report
addressing the same matters required to be addressed under sub-
section ( j)(2). The report shall describe any limitations with respect
to the data contained in the report as a result of the size and
design of the demonstration project.
‘‘(l) APPLICATION OF MEDIGAP PROTECTIONS TO DEMONSTRATION
PROJECT ENROLLEES.—(1) Subject to paragraph (2), the provisions
of section 1882(s)(3) (other than clauses (i) through (iv) of subpara-
graph (B)) and 1882(s)(4) of the Social Security Act shall apply
to enrollment (and termination of enrollment) in the demonstration
project under this section, in the same manner as they apply
to 
enrollment 
(and 
termination 
of 
enrollment) 
with 
a
Medicare+Choice organization in a Medicare+Choice plan.
‘‘(2) In applying paragraph (1)—
‘‘(A) any reference in clause (v) or (vi) of section
1882(s)(3)(B) of such Act to 12 months is deemed a reference
to 36 months; and
‘‘(B) the notification required under section 1882(s)(3)(D)
of such Act shall be provided in a manner specified by the
Secretary of Defense in consultation with the Director of the
Office of Personnel Management.’’.
H. R. 3616—146
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1108. Health care coverage through Federal Employees Health Benefits program:
demonstration project.’’.
(b) CONFORMING AMENDMENTS.—Chapter 89 of title 5, United
States Code, is amended—
(1) in section 8905—
(A) by redesignating subsections (d) through (f ) as
subsections (e) through (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection:
‘‘(d) An individual whom the Secretary of Defense determines
is an eligible beneficiary under subsection (b) of section 1108 of
title 10 may enroll, as part of the demonstration project under
such section, in a health benefits plan under this chapter in accord-
ance with the agreement under subsection (a) of such section
between the Secretary and the Office and applicable regulations
under this chapter.’’;
(2) in section 8906(b)—
(A) in paragraph (1), by striking ‘‘paragraphs (2) and
(3)’’ and inserting in lieu thereof ‘‘paragraphs (2), (3), and
(4)’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) In the case of persons who are enrolled in a health benefits
plan as part of the demonstration project under section 1108 of
title 10, the Government contribution shall be subject to the limita-
tion set forth in subsection (i) of that section.’’;
(3) in section 8906(g)—
(A) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting in lieu thereof ‘‘paragraphs (2) and (3)’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) The Government contribution for persons enrolled in a
health benefits plan as part of the demonstration project under
section 1108 of title 10 shall be paid as provided in subsection
(i) of that section.’’; and
(4) in section 8909, by adding at the end the following
new subsection:
‘‘(g) The fund described in subsection (a) is available to pay
costs that the Office incurs for activities associated with
implementation of the demonstration project under section 1108
of title 10.’’.
SEC. 722. TRICARE AS SUPPLEMENT TO MEDICARE DEMONSTRATION.
(a) IN GENERAL.—(1) The Secretary of Defense shall, after
consultation with the other administering Secretaries, carry out
a demonstration project in order to assess the feasibility and advis-
ability of providing medical care coverage under the TRICARE
program to the individuals described in subsection (c). The dem-
onstration project shall be known as the ‘‘TRICARE Senior Supple-
ment’’.
(2) The Secretary shall commence the demonstration project
not later than January 1, 2000, and shall terminate the demonstra-
tion project not later than December 31, 2002.
(3) Under the demonstration project, the Secretary shall permit
eligible individuals described in subsection (c) to enroll in the
TRICARE program.
H. R. 3616—147
(4) Payment for care and services received by eligible individ-
uals who enroll in the TRICARE program under the demonstration
project shall be made as follows:
(A) First, under title XVIII of the Social Security Act,
but only to the extent that payment for such care and services
is provided for under that title.
(B) Second, under the TRICARE program, but only to the
extent that payment for such care and services is provided
under that program and is not provided for under subparagraph
(A).
(C) Third, by the eligible individual concerned, but only
to the extent that payment for such care and services is not
provided for under subparagraph (A) or (B).
(5)(A) The Secretary shall require each eligible individual who
enrolls in the TRICARE program under the demonstration project
to pay an enrollment fee. The Secretary shall provide, to the extent
feasible, the option of payment of the enrollment fee through elec-
tronic transfers of funds and through withholding of such payment
from the pay of a member or former member of the Armed Forces,
and shall provide the option that payment of the enrollment fee
be made in full at the beginning of the enrollment period or that
payments be made on a monthly or quarterly basis.
(B) The amount of the enrollment fee charged an eligible
individual under subparagraph (A) for self-only or family enrollment
in any year may not exceed the amount equal to 75 percent of
the total subscription charges in that year for self-only or family,
respectively, fee-for-service coverage under the health benefits plan
under the Federal Employees Health Benefits program under chap-
ter 89 of title 5, United States Code, that is most similar in
coverage to the TRICARE program.
(6) A covered beneficiary who enrolls in TRICARE Senior
Supplement under this subsection shall not be eligible to receive
health care at a facility of the uniformed services during the period
such enrollment is in effect.
(b) EVALUATION; REVIEW.—(1) The Secretary shall provide for
an evaluation of the demonstration project conducted under this
subsection by an appropriate person or entity that is independent
of the Department of Defense. The evaluation shall include the
following:
(A) An analysis of the costs of the demonstration project
to the United States and to the eligible individuals who partici-
pate in such demonstration project.
(B) An assessment of the extent to which the demonstration
project satisfies the requirements of such eligible individuals
for the health care services available under the demonstration
project.
(C) An assessment of the effect, if any, of the demonstration
project on military medical readiness.
(D) A description of the rate of the enrollment in the
demonstration project of the individuals who were eligible to
enroll in the demonstration project.
(E) An assessment of whether the demonstration project
provides the most suitable model for a program to provide
adequate health care services to the population of individuals
consisting of the eligible individuals.
(F) An evaluation of any other matters that the Secretary
considers appropriate.
H. R. 3616—148
(2) The Comptroller General shall review the evaluation con-
ducted under paragraph (1). In carrying out the review, the
Comptroller General shall—
(A) assess the validity of the processes used in the evalua-
tion; and
(B) assess the validity of any findings under the evaluation,
including any limitations with respect to the data contained
in the evaluation as a result of the size and design of the
demonstration project.
(3)(A) The Secretary shall submit a report on the results of
the evaluation under paragraph (1), together with the evaluation,
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives not later
than December 31, 2002.
(B) The Comptroller General shall submit a report on the
results of the review under paragraph (2) to the committees referred
to in subparagraph (A) not later than February 15, 2003.
(c) ELIGIBLE INDIVIDUALS.—(1) An individual is eligible to
participate under this section if the individual is a member or
former member of the uniformed services described in section
1074(b) of title 10, United States Code, a dependent of the member
described in section 1076(a)(2)(B) or 1076(b) of that title, or a
dependent of a member of the uniformed services who died while
on active duty for a period of more than 30 days, who—
(A) is 65 years of age or older;
(B) is entitled to hospital insurance benefits under part
A of title XVIII of the Social Security Act (42 U.S.C. 1395c
et seq.);
(C) is enrolled in the supplemental medical insurance pro-
gram under part B of such title XVIII (42 U.S.C. 1395j et
seq.); and
(D) resides in an area selected by the Secretary under
subsection (c).
(d) AREAS OF IMPLEMENTATION.—(1) The Secretary shall carry
out the demonstration project under this section in two separate
areas selected by the Secretary.
(2) The areas selected by the Secretary under paragraph (1)
shall be as follows:
(A) One area shall be an area outside the catchment area
of a military medical treatment facility in which—
(i) no eligible organization has a contract in effect
under section 1876 of the Social Security Act (42 U.S.C.
1395mm) and no Medicare+Choice organization has a con-
tract in effect under part C of title XVIII of that Act
(42 U.S.C. 1395w–21); or
(ii) the aggregate number of enrollees with an eligible
organization with a contract in effect under section 1876
of that Act or with a Medicare+Choice organization with
a contract in effect under part C of title XVIII of that
Act is less than 2.5 percent of the total number of individ-
uals in the area who are entitled to hospital insurance
benefits under part A of title XVIII of that Act.
(B) The other area shall be an area outside the catchment
area of a military medical treatment facility in which—
(i) at least one eligible organization has a contract
in effect under section 1876 of that Act or one
H. R. 3616—149
Medicare+Choice organization has a contract in effect
under part C of title XVIII of that Act; and
(ii) the aggregate number of enrollees with an eligible
organization with a contract in effect under section 1876
of that Act or with a Medicare+Choice organization with
a contract in effect under part C of title XVIII of that
Act exceeds 10 percent of the total number of individuals
in the area who are entitled to hospital insurance benefits
under part A of title XVIII of that Act.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘administering Secretaries’’ has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(2) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072(7) of title 10, United States Code.
SEC. 723. IMPLEMENTATION OF REDESIGN OF PHARMACY SYSTEM.
(a) IN GENERAL.—Not later than October 1, 1999, the Secretary
of Defense shall implement, with respect to eligible individuals
described in subsection (e) who reside in an area selected under
subsection (f ), the redesign of the pharmacy system under
TRICARE (including the mail-order and retail pharmacy benefit
under TRICARE) to incorporate ‘‘best business practices’’ of the
private sector in providing pharmaceuticals, as developed under
the plan described in section 703.
(b) COLLECTION OF PREMIUMS AND OTHER CHARGES.—The Sec-
retary of Defense may collect from eligible individuals described
in subsection (e) who participate in the redesigned pharmacy system
any premiums, deductibles, copayments, or other charges that the
Secretary would otherwise collect from individuals similar to such
individuals.
(c) EVALUATION.—The Secretary shall provide for an evaluation
of the implementation of the redesign of the pharmacy system
under TRICARE under this section by an appropriate person or
entity that is independent of the Department of Defense. The
evaluation shall include the following:
(1) An analysis of the costs of the implementation of the
redesign of the pharmacy system under TRICARE and to the
eligible individuals who participate in the system.
(2) An assessment of the extent to which the implementa-
tion of such system satisfies the requirements of the eligible
individuals for the health care services available under
TRICARE.
(3) An assessment of the effect, if any, of the implementa-
tion of the system on military medical readiness.
(4) A description of the rate of the participation in the
system of the individuals who were eligible to participate.
(5) An evaluation of any other matters that the Secretary
considers appropriate.
(d) REPORTS.—The Secretary shall submit two reports on the
results of the evaluation under subsection (c), together with the
evaluation, to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives. The first report shall be submitted not later than December
31, 2000, and the second report shall be submitted not later than
December 31, 2002.
H. R. 3616—150
(e) ELIGIBLE INDIVIDUALS.—(1) An individual is eligible to
participate under this section if the individual is a member or
former member of the uniformed services described in section
1074(b) of title 10, United States Code, a dependent of the member
described in section 1076(a)(2)(B) or 1076(b) of that title, or a
dependent of a member of the uniformed services who died while
on active duty for a period of more than 30 days, who—
(A) is 65 years of age or older;
(B) is entitled to hospital insurance benefits under part
A of title XVIII of the Social Security Act (42 U.S.C. 1395c
et seq.);
(C) except as provided in paragraph (2), is enrolled in
the supplemental medical insurance program under part B
of such title XVIII (42 U.S.C. 1395j et seq.); and
(D) resides in an area selected by the Secretary under
subsection (f ).
(2) Paragraph (1)(C) shall not apply in the case of an individual
who at the time of attaining the age of 65 lived within 100 miles
of the catchment area of a military medical treatment facility.
(f ) AREAS OF IMPLEMENTATION.—(1) The Secretary shall carry
out the implementation of the redesign of the pharmacy system
under TRICARE in two separate areas selected by the Secretary.
(2) The areas selected by the Secretary under paragraph (1)
shall be as follows:
(A) One area shall be an area outside the catchment area
of a military medical treatment facility in which—
(i) no eligible organization has a contract in effect
under section 1876 of the Social Security Act (42 U.S.C.
1395mm) and no Medicare+Choice organization has a con-
tract in effect under part C of title XVIII of that Act
(42 U.S.C. 1395w–21); or
(ii) the aggregate number of enrollees with an eligible
organization with a contract in effect under section 1876
of that Act or with a Medicare+Choice organization with
a contract in effect under part C of title XVIII of that
Act is less than 2.5 percent of the total number of individ-
uals in the area who are entitled to hospital insurance
benefits under part A of title XVIII of that Act.
(B) The other area shall be an area outside the catchment
area of a military medical treatment facility in which—
(i) at least one eligible organization has a contract
in effect under section 1876 of that Act or one
Medicare+Choice organization has a contract in effect
under part C of title XVIII of that Act; and
(ii) the aggregate number of enrollees with an eligible
organization with a contract in effect under section 1876
of that Act or with a Medicare+Choice organization with
a contract in effect under part C of title XVIII of that
Act exceeds 10 percent of the total number of individuals
in the area who are entitled to hospital insurance benefits
under part A of title XVIII of that Act.
SEC. 724. COMPREHENSIVE EVALUATION OF IMPLEMENTATION OF
DEMONSTRATION PROJECTS AND TRICARE PHARMACY
REDESIGN.
Not later than March 31, 2003, the Comptroller General shall
submit to the Committee on Armed Services of the Senate and
H. R. 3616—151
the Committee on National Security of the House of Representatives
a report containing a comprehensive comparative analysis of the
FEHBP demonstration project conducted under section 1108 of title
10, United States Code (as added by section 721), the TRICARE
Senior Supplement under section 722, and the redesign of the
TRICARE pharmacy system under section 723. The comprehensive
analysis shall incorporate the findings of the evaluation submitted
under section 723(c) and the report submitted under subsection
( j) of such section 1108.
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.
(a) LIMITATION
AND WAIVER.—(1) Section 1107 of title 10,
United States Code, is amended—
(A) by redesignating subsection (f ) as subsection (g); and
(B) by inserting after subsection (e) the following new sub-
section (f ):
‘‘(f ) LIMITATION AND WAIVER.—(1) In the case of the administra-
tion of an investigational new drug or a drug unapproved for its
applied use to a member of the armed forces in connection with
the member’s participation in a particular military operation, the
requirement that the member provide prior consent to receive the
drug in accordance with the prior consent requirement imposed
under section 505(i)(4) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)(4)) may be waived only by the President.
The President may grant such a waiver only if the President deter-
mines, in writing, that obtaining consent—
‘‘(A) is not feasible;
‘‘(B) is contrary to the best interests of the member; or
‘‘(C) is not in the interests of national security.
‘‘(2) In making a determination to waive the prior consent
requirement on a ground described in subparagraph (A) or (B)
of paragraph (1), the President shall apply the standards and cri-
teria that are set forth in the relevant FDA regulations for a
waiver of the prior consent requirement on that ground.
‘‘(3) The Secretary of Defense may request the President to
waive the prior consent requirement with respect to the administra-
tion of an investigational new drug or a drug unapproved for its
applied use to a member of the armed forces in connection with
the member’s participation in a particular military operation. With
respect to any such administration—
‘‘(A) the Secretary may not delegate to any other official
the authority to request the President to waive the prior consent
requirement for the Department of Defense; and
‘‘(B) if the President grants the requested waiver, the Sec-
retary shall submit to the chairman and ranking minority
member of each congressional defense committee a notification
of the waiver, together with the written determination of the
President under paragraph (1) and the Secretary’s justification
for the request or requirement under subsection (a) for the
member to receive the drug covered by the waiver.
H. R. 3616—152
‘‘(4) In this subsection:
‘‘(A) The term ‘relevant FDA regulations’ means the regula-
tions promulgated under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)).
‘‘(B) The term ‘prior consent requirement’ means the
requirement included in the relevant FDA regulations pursuant
to section 505(i)(4) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)(4)).
‘‘(C) The term ‘congressional defense committee’ means
each of the following:
‘‘(i) The Committee on Armed Services and the Commit-
tee on Appropriations of the Senate.
‘‘(ii) The Committee on National Security and the
Committee on Appropriations of the House of Representa-
tives.’’.
(2) Subsection (f ) of section 1107 of title 10, United States
Code (as added by paragraph (1)), shall apply to the administration
of an investigational new drug or a drug unapproved for its applied
use to a member of the Armed Forces in connection with the
member’s participation in a particular military operation on or
after the date of the enactment of this Act.
(3) A waiver of the requirement for prior consent imposed
under the regulations required under paragraph (4) of section 505(i)
of the Federal Food, Drug, and Cosmetic Act (or under any ante-
cedent provision of law or regulations) that has been granted under
that section (or antecedent provision of law or regulations) before
the date of the enactment of this Act for the administration of
a drug to a member of the Armed Forces in connection with the
member’s participation in a particular military operation may be
applied in that case after that date only if—
(A) the Secretary of Defense personally determines that
the waiver is justifiable on each ground on which the waiver
was granted;
(B) the President concurs in that determination in writing;
and
(C) the Secretary submits to the chairman and ranking
minority member of each congressional committee referred to
in section 1107(f )(4)(C) of title 10, United States Code (as
added by paragraph (1))—
(i) a notification of the waiver;
(ii) the President’s written concurrence; and
(iii) the Secretary’s justification for the request or for
the requirement under subsection 1107(a) of such title for
the member to receive the drug covered by the waiver.
(b) TIME AND FORM OF NOTICE.—(1) Subsection (b) of such
section is amended by striking out ‘‘, if practicable’’ and all that
follows through ‘‘first administered to the member’’.
(2) Subsection (c) of such section is amended by striking out
‘‘unless the Secretary of Defense determines’’ and all that follows
through ‘‘alternative method’’.
SEC. 732. HEALTH BENEFITS FOR ABUSED DEPENDENTS OF MEMBERS
OF THE ARMED FORCES.
Section 1076(e) of title 10, United States Code, is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) Subject to paragraph (3), the administering Secretary shall
furnish an abused dependent of a former member of a uniformed
H. R. 3616—153
service described in paragraph (4), during that period that the
abused dependent is in receipt of transitional compensation under
section 1059 of this title, with medical and dental care, including
mental health services, in facilities of the uniformed services in
accordance with the same eligibility and benefits as were applicable
for that abused dependent during the period of active service of
the former member.’’; and
(2) in paragraph (3)—
(A) by adding ‘‘and’’ at the end of subparagraph (A);
(B) by striking ‘‘; and’’ at the end of subparagraph
(B) and inserting a period; and
(C) by striking subparagraph (C).
SEC. 733. PROVISION OF HEALTH CARE AT MILITARY ENTRANCE
PROCESSING STATIONS AND ELSEWHERE OUTSIDE MEDI-
CAL TREATMENT FACILITIES.
(a) EXTENSION OF AUTHORIZATION FOR USE OF PERSONAL SERV-
ICES CONTRACTS.—Section 1091(a)(2) of title 10, United States Code,
is amended in the second sentence by striking out ‘‘the end of
the one-year period beginning on the date of the enactment of
this paragraph’’ and inserting in lieu thereof ‘‘December 31, 2000’’.
(b) TEST OF ALTERNATIVE PROCESS FOR CONDUCTING MEDICAL
SCREENINGS FOR ENLISTMENT QUALIFICATION.—(1) The Secretary
of Defense shall conduct a test to—
(A) determine whether the use of an alternative to the
system currently used by the Department of Defense of employ-
ing fee-basis physicians for determining the medical qualifica-
tions for enlistment of applicants for military service would
reduce the number of disqualifying medical conditions that
are detected during the initial entry training of such applicants;
(B) determine whether any savings or cost avoidance may
be achieved through use of an alternative system as a result
of any increased detection of disqualifying medical conditions
before entry by applicants into initial entry training; and
(C) compare the capability of an alternative system to
meet or exceed the cost, responsiveness, and timeliness stand-
ards of the system currently used by the Department.
(2) The alternative system described in paragraph (1) may
include the system used under the TRICARE system, the health-
care system of the Department of Veterans Affairs, or any other
system, or combination of systems, considered appropriate by the
Secretary.
(3) Not later than March 1, 2000, the Secretary shall submit
to the Committee on National Security of the House of Representa-
tives and the Committee on Armed Services of the Senate a report
on the results and findings of the test conducted under paragraph
(1).
SEC. 734. PROFESSIONAL QUALIFICATIONS OF PHYSICIANS PROVID-
ING MILITARY HEALTH CARE.
(a) 
REQUIREMENT
FOR
UNRESTRICTED
LICENSE.—Section
1094(a)(1) of title 10, United States Code, is amended by adding
at the end the following: ‘‘In the case of a physician, the physician
may not provide health care as a physician under this chapter
unless the current license is an unrestricted license that is not
subject to limitation on the scope of practice ordinarily granted
to other physicians for a similar specialty by the jurisdiction that
granted the license.’’.
H. R. 3616—154
(b) 
SATISFACTION
OF
CONTINUING
MEDICAL
EDUCATION
REQUIREMENTS.—(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1094 the following new section:
‘‘§ 1094a. Continuing medical education requirements: system
for monitoring physician compliance
‘‘The Secretary of Defense shall establish a mechanism for
ensuring that each person under the jurisdiction of the Secretary
of a military department who provides health care under this chap-
ter as a physician satisfies the continuing medical education
requirements applicable to the physician.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1094
the following new item:
‘‘1094a. Continuing medical education requirements: system for monitoring physi-
cian compliance.’’.
(c) EFFECTIVE DATES.—(1) The amendment made by subsection
(a) shall take effect on October 1, 1999.
(2) The system required by section 1094a of title 10, United
States Code (as added by subsection (b)), shall take effect on the
date that is three years after the date of the enactment of this
Act.
Subtitle E—Other Matters
SEC. 741. ENHANCED DEPARTMENT OF DEFENSE ORGAN AND TISSUE
DONOR PROGRAM.
(a) FINDINGS.—Congress makes the following findings:
(1) Organ and tissue transplantation is one of the most
remarkable medical success stories in the history of medicine.
(2) Each year, the number of people waiting for organ
or tissue transplantation increases. It is estimated that there
are approximately 39,000 patients, ranging in age from babies
to those in retirement, awaiting transplants of kidneys, hearts,
livers, and other solid organs.
(3) The Department of Defense has made significant
progress in increasing the awareness of the importance of organ
and tissue donations among members of the Armed Forces.
(4) The inclusion of organ and tissue donor elections in
the Defense Enrollment Eligibility Reporting System (DEERS)
central database represents a major step in ensuring that organ
and tissue donor elections are a matter of record and are
accessible in a timely manner.
(b) RESPONSIBILITIES REGARDING ORGAN
AND TISSUE DONA-
TION.—(1) Chapter 55 of title 10, United States Code, is amended
by adding after section 1108, as added by section 721(a)(1), the
following new section:
‘‘§ 1109. Organ and tissue donor program
‘‘(a) RESPONSIBILITIES OF THE SECRETARY OF DEFENSE.—The
Secretary of Defense shall ensure that the advanced systems devel-
oped for recording armed forces members’ personal data and
information (such as the SMARTCARD, MEDITAG, and Personal
Information Carrier) include the capability to record organ and
tissue donation elections.
H. R. 3616—155
‘‘(b) RESPONSIBILITIES OF THE SECRETARIES OF THE MILITARY
DEPARTMENTS.—(1) The Secretaries of the military departments
shall ensure that—
‘‘(1) appropriate information about organ and tissue
donation is provided—
‘‘(A) to each officer candidate during initial training;
and
‘‘(B) to each recruit—
‘‘(i) after completion by the recruit of basic training;
and
‘‘(ii) before arrival of the recruit at the first duty
assignment of the recruit;
‘‘(2) members of the armed forces are given recurring, spe-
cific opportunities to elect to be organ or tissue donors during
service in the armed forces and upon retirement; and
‘‘(3) members of the armed forces electing to be organ
or tissue donors are encouraged to advise their next of kin
concerning the donation decision and any subsequent change
of that decision.
‘‘(c) RESPONSIBILITIES
OF
THE SURGEONS GENERAL
OF
THE
MILITARY DEPARTMENTS.—The Surgeons General of the military
departments shall ensure that—
‘‘(1) appropriate training is provided to enlisted and officer
medical personnel to facilitate the effective operation of organ
and tissue donation activities under garrison conditions and,
to the extent possible, under operational conditions; and
‘‘(2) medical logistical activities can, to the extent possible
without jeopardizing operational requirements, support an
effective organ and tissue donation program.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 1108,
as added by section 721(a)(2), the following new item:
‘‘1109. Organ and tissue donor program.’’.
(c) REPORT.—Not later than September 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 implementation of section 1109
of title 10, United States Code (as added by subsection (b)).
SEC. 742. AUTHORIZATION TO ESTABLISH A LEVEL 1 TRAUMA TRAIN-
ING CENTER.
The Secretary of the Army is hereby authorized to establish
a Level 1 Trauma Training Center (as designated by the American
College of Surgeons) in order to provide the Army with a trauma
center capable of training forward surgical teams.
SEC. 743. AUTHORITY TO ESTABLISH CENTER FOR STUDY OF POST-
DEPLOYMENT HEALTH CONCERNS OF MEMBERS OF THE
ARMED FORCES.
The Secretary of Defense is hereby authorized to establish
a center devoted to a longitudinal study to evaluate data on the
health conditions of members of the Armed Forces upon their return
from deployment on military operations for purposes of ensuring
the rapid identification of any trends in diseases, illnesses, or
injuries among such members as a result of such operations.
H. R. 3616—156
SEC. 744. REPORT ON IMPLEMENTATION OF ENROLLMENT-BASED
CAPITATION FOR FUNDING FOR MILITARY MEDICAL
TREATMENT FACILITIES.
(a) REPORT REQUIRED.—The Secretary of Defense shall submit
to Congress a report on the potential impact of using an enrollment-
based capitation methodology to allocate funds for military medical
treatment facilities. The report shall address the following:
(1) A description of the plans of the Secretary to implement
an enrollment-based capitation methodology for military medi-
cal treatment facilities and with respect to contracts for the
delivery of health care under the TRICARE program.
(2) The justifications for implementing an enrollment-based
capitation methodology without first conducting a demonstra-
tion project for implementation of such methodology.
(3) The impact that implementation of an enrollment-based
capitation methodology would have on the provision of space-
available care at military medical treatment facilities, particu-
larly in the case of care for—
(A) military retirees who are entitled to hospital insur-
ance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.); and
(B) covered beneficiaries under chapter 55 of title 10,
United States Code, who reside outside the catchment area
of a military medical treatment facility.
(4) The impact that implementation of an enrollment-based
capitation methodology would have with respect to the phar-
macy benefits provided at military medical treatment facilities,
given that the enrollment-based capitation methodology would
fund military medical treatment facilities based on the number
of members at such facilities enrolled in TRICARE Prime,
but all covered beneficiaries may fill prescriptions at military
medical treatment facility pharmacies.
(5) An explanation of how additional funding will be pro-
vided for a military medical treatment facility if an enrollment-
based capitation methodology is implemented to ensure that
space-available care and pharmacy coverage can be provided
to covered beneficiaries who are not enrolled at the military
medical treatment facility, and the amount of funding that
will be available.
(6) An explanation of how implementation of an enrollment-
based capitation methodology would impact the provision of
uniform benefits under TRICARE Prime, and how the Secretary
would ensure, if such methodology were implemented, that
the provision of health care under TRICARE Prime would
not be bifurcated between the provision of such care at military
medical treatment facilities and the provision of such care
from civilian providers.
(b) DEADLINE FOR SUBMISSION.—The Secretary shall submit
the report required by subsection (a) not later than March 1, 1999.
SEC. 745. JOINT DEPARTMENT OF DEFENSE AND DEPARTMENT OF
VETERANS AFFAIRS REPORTS RELATING TO INTER-
DEPARTMENTAL COOPERATION IN THE DELIVERY OF
MEDICAL CARE.
(a) FINDINGS.—Congress makes the following findings:
(1) The military health care system of the Department
of Defense and the Veterans Health Administration of the
H. R. 3616—157
Department of Veterans Affairs are national institutions that
collectively manage more than 1,500 hospitals, clinics, and
health care facilities worldwide to provide services to more
than 11,000,000 beneficiaries.
(2) In the post-Cold War era, these institutions are in
a profound transition that involves challenging opportunities.
(3) During the period from 1988 to 1998, the number of
military medical personnel has declined by 15 percent and
the number of military hospitals has been reduced by one-
third.
(4) During the 2 years since 1996, the Department of
Veterans Affairs has revitalized its structure by decentralizing
authority into 22 Veterans Integrated Service Networks.
(5) In the face of increasing costs of medical care, increased
demands for health care services, and increasing budgetary
constraints, the Department of Defense and the Department
of Veterans Affairs have embarked on a variety of dynamic
and innovative cooperative programs ranging from shared serv-
ices to joint venture operations of medical facilities.
(6) In 1984, there was a combined total of 102 Department
of Veterans Affairs and Department of Defense facilities with
sharing agreements. By 1997, that number had grown to 420.
During the six years from fiscal year 1992 through fiscal year
1997, shared services increased from slightly over 3,000 services
to more than 6,000 services, ranging from major medical and
surgical services, laundry, blood, and laboratory services to
unusual speciality care services.
(7) The Department of Defense and the Department of
Veterans Affairs are conducting four health care joint ventures
in New Mexico, Nevada, Texas, and Oklahoma, and are plan-
ning to conduct four more such ventures in Alaska, Florida,
Hawaii, and California.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Department of Defense and the Department of
Veterans Affairs should be commended for the cooperation
between the two departments in the delivery of medical care,
of which the cooperation involved in the establishment and
operation of the Department of Defense and the Department
of Veterans Affairs Executive Council is a praiseworthy exam-
ple;
(2) the Department of Defense and the Department of
Veterans Affairs are encouraged to continue to explore new
opportunities to enhance the availability and delivery of medical
care to beneficiaries by further enhancing the cooperative
efforts of the departments; and
(3) enhanced cooperation between the Department of
Defense and the Department of Veterans Affairs is encouraged
regarding—
(A) the general areas of access to quality medical care,
identification and elimination of impediments to enhanced
cooperation, and joint research and program development;
and
(B) the specific areas in which there is significant
potential to achieve progress in cooperation in a short
term, including computerization of patient records systems,
participation of the Department of Veterans Affairs in the
H. R. 3616—158
TRICARE program, pharmaceutical programs, and joint
physical examinations.
(c) JOINT SURVEY OF POPULATIONS SERVED.—(1) The Secretary
of Defense and the Secretary of Veterans Affairs shall jointly con-
duct a survey of their respective medical care beneficiary popu-
lations to identify, by category of beneficiary (defined as the Sec-
retaries consider appropriate), the expectations of, requirements
for, and behavior patterns of the beneficiaries with respect to medi-
cal care. The two Secretaries shall develop the protocol for the
survey jointly, but shall obtain the services of an entity independent
of the Department of Defense and the Department of Veterans
Affairs to carry out the survey.
(2) The survey shall include the following:
(A) Demographic characteristics, economic characteristics,
and geographic location of beneficiary populations with regard
to catchment or service areas.
(B) The types and frequency of care required by veterans,
retirees, and dependents within catchment or service areas
of Department of Defense and Department of Veterans Affairs
medical facilities and outside those areas.
(C) The numbers of, characteristics of, and types of medical
care needed by the veterans, retirees, and dependents who,
though eligible for medical care in Department of Defense or
Department of Veterans Affairs treatment facilities or through
other federally funded medical programs, choose not to seek
medical care from those facilities or under those programs,
and the reasons for that choice.
(D) The obstacles or disincentives for seeking medical care
from such facilities or under such programs that are perceived
by veterans, retirees, and dependents.
(E) Any other matters that the Secretary of Defense and
the Secretary of Veterans Affairs consider appropriate for the
survey.
(3) The Secretary of Defense or the Secretary of Veterans
Affairs may waive the survey requirements under this subsection
with respect to information that can be better obtained from a
source other than the survey.
(4) The Secretary of Defense and the Secretary of Veterans
Affairs shall submit a report on the results of the survey to the
appropriate committees of Congress. The report shall contain the
matters described in paragraph (2) and any proposals for legislation
that the Secretaries recommend for enhancing Department of
Defense and Department of Veterans Affairs cooperative efforts
with respect to the delivery of medical care.
(d) REVIEW OF LAW AND POLICIES.—(1) The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly conduct a review
to identify impediments to cooperation between the Department
of Defense and the Department of Veterans Affairs regarding the
delivery of medical care. The matters reviewed shall include the
following:
(A) All laws, policies, and regulations, and any attitudes
of beneficiaries of the health care systems of the two depart-
ments, that have the effect of preventing the establishment,
or limiting the effectiveness, of cooperative health care pro-
grams of the departments.
(B) The requirements and practices involved in the
credentialling and licensure of health care providers.
H. R. 3616—159
(C) The perceptions of beneficiaries in a variety of cat-
egories (defined as the Secretaries consider appropriate) regard-
ing the various Federal health care systems available for their
use.
(D) The types and frequency of medical services furnished
by the Department of Defense and the Department of Veterans
Affairs through cooperative arrangements to each category of
beneficiary (including active-duty members, retirees, depend-
ents, veterans in the health-care eligibility categories referred
to as Category A and Category C, and persons authorized
to receive medical care under section 1713 of title 38, United
States Code) of the other department.
(E) The extent to which health care facilities of the Depart-
ment of Defense and Department of Veterans Affairs have
sufficient capacity, or could jointly or individually create suffi-
cient capacity, to provide services to beneficiaries of the other
department without diminution of access or services to their
primary beneficiaries.
(F) The extent to which the recruitment of scarce medical
specialists and allied health personnel by the Department of
Defense and the Department of Veterans Affairs could be
enhanced through cooperative arrangements for providing
health care services.
(G) The obstacles and disincentives to providing health
care services through cooperative arrangements between the
Department of Defense and the Department of Veterans Affairs.
(2) The Secretaries shall jointly submit a report on the results
of the review to the appropriate committees of Congress. The report
shall include any proposals for legislation that the Secretaries rec-
ommend for eliminating or reducing impediments to interdepart-
mental cooperation that are identified during the review.
(e) PARTICIPATION IN TRICARE.—(1) The Secretary of Defense
shall review the TRICARE program to identify opportunities for
increased participation by the Department of Veterans Affairs in
that program. The ongoing collaboration between Department of
Defense officials and Department of Veterans Affairs officials
regarding increased participation shall be included among the mat-
ters reviewed.
(2) The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit to the appropriate committees of Con-
gress a semiannual report on the status of the review under this
subsection and on efforts to increase the participation of the Depart-
ment of Veterans Affairs in the TRICARE program. No report
is required under this paragraph after the submission of a semi-
annual report in which the Secretaries declare that the Department
of Veterans Affairs is participating in the TRICARE program to
the extent that can reasonably be expected to be attained.
(f ) PHARMACEUTICAL
BENEFITS
AND
PROGRAMS.—(1) The
Department of Defense-Department of Veterans Affairs Federal
Pharmacy Executive Steering Committee shall—
(A) undertake a comprehensive examination of existing
pharmaceutical benefits and programs for beneficiaries of
Department of Defense medical care programs, including mat-
ters relating to the purchasing, distribution, and dispensing
of pharmaceuticals and the management of mail order pharma-
ceuticals programs; and
H. R. 3616—160
(B) review the existing methods for contracting for and
distributing medical supplies and services.
(2) The committee shall submit a report on the results of
the examination to the appropriate committees of Congress.
(g) STANDARDIZATION OF PHYSICAL EXAMINATIONS FOR DISABIL-
ITY.—The Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to the appropriate committees of Congress
a report on the status of the efforts of the Department of Defense
and the Department of Veterans Affairs to standardize physical
examinations administered by the two departments for the purpose
of determining or rating disabilities.
(h) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—For the
purposes of this section, the appropriate committees of Congress
are as follows:
(1) The Committee on Armed Services and the Committee
on Veterans’ Affairs of the Senate.
(2) The Committee on National Security and the Committee
on Veterans’ Affairs of the House of Representatives.
(i) DEADLINES FOR SUBMISSION OF REPORTS.—(1) The report
required by subsection (c)(3) shall be submitted not later than
January 1, 2000.
(2) The report required by subsection (d)(2) shall be submitted
not later than March 1, 1999.
(3) The semiannual report required by subsection (e)(2) shall
be submitted not later than March 1 and September 1 of each
year.
(4) The report on the examination required under subsection
(f ) shall be submitted not later than 60 days after the completion
of the examination.
(5) The report required by subsection (g) shall be submitted
not later than March 1, 1999.
SEC. 746. REPORT ON RESEARCH AND SURVEILLANCE ACTIVITIES
REGARDING LYME DISEASE AND OTHER TICK-BORNE
DISEASES.
Not later than April 1, 1999, the Secretary of Defense shall
submit to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the Sen-
ate a report on the current and recommended levels of research
and surveillance activities regarding Lyme disease and other tick-
borne diseases among members of the Armed Forces. The report
shall include the following:
(1) An analysis of the current and projected threat to
the operational readiness of the Armed Forces posed by Lyme
disease and other tick-borne diseases in the United States
and in overseas locations at which members of the Armed
Forces might be deployed.
(2) A review of the current research efforts being imple-
mented to prevent the contraction of Lyme disease and other
tick-borne diseases by members of the Armed Forces, and to
enhance the early identification of such diseases once they
have been contracted.
(3) An assessment of the adequacy of existing and projected
funding levels for research and surveillance activities relating
to Lyme disease and other tick-borne diseases among members
of the Armed Forces.
H. R. 3616—161
(4) The recommended funding levels necessary to address
the threats posed to the operational readiness of the Armed
Forces by Lyme disease and other tick-borne diseases.
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED 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 pre-
viously 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.
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.
Subtitle A—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 801. LIMITATION ON USE OF PRICE PREFERENCE UPON ACHIEVE-
MENT OF CONTRACT GOAL FOR SMALL AND DISADVAN-
TAGED BUSINESSES.
Section 2323(e)(3) of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) by inserting ‘‘, except as provided in subparagraph
(B),’’ after ‘‘the head of an agency may’’ in the first sentence;
and
(3) by adding at the end the following:
‘‘(B)(i) The Secretary of Defense may not exercise the
authority under subparagraph (A) to enter into a contract for
H. R. 3616—162
a price exceeding fair market cost if the regulations implement-
ing that authority are suspended under clause (ii) with respect
to that contract.
‘‘(ii) At the beginning of each fiscal year, the Secretary
shall determine, on the basis of the most recent data, whether
the Department of Defense achieved the 5 percent goal
described in subsection (a) during the fiscal year to which
the data relates. Upon determining that the Department
achieved the goal for the fiscal year to which the data relates,
the Secretary shall issue a suspension, in writing, of the regula-
tions that implement the authority under subparagraph (A).
Such a suspension shall be in effect for the one-year period
beginning 30 days after the date on which the suspension
is issued and shall apply with respect to contracts awarded
pursuant to solicitations issued during that period.
‘‘(iii) For purposes of clause (ii), the term ‘most recent
data’ means data relating to the most recent fiscal year for
which data are available.’’.
SEC. 802. DISTRIBUTION OF ASSISTANCE UNDER THE PROCUREMENT
TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) CORRECTION
OF DESCRIPTION
OF GEOGRAPHIC UNIT.—(1)
Section 2413(c) of title 10, United States Code, is amended by
striking out ‘‘region’’ and inserting in lieu thereof ‘‘district’’.
(2) Section 2415 of such title is amended—
(A) by striking out ‘‘region’’ and inserting in lieu thereof
‘‘district’’ each place it appears; and
(B) by striking out ‘‘regions’’ and inserting in lieu thereof
‘‘districts’’.
(b) TECHNICAL AMENDMENT.—Section 2415 of such title is
amended by striking out ‘‘Defense Contract Administrative Services’’
and inserting in lieu thereof ‘‘Department of Defense contract
administrative services’’.
SEC. 803. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVE-
MENT.
(a) MODIFICATION
OF
PRICING
REGULATIONS
FOR
CERTAIN
COMMERCIAL ITEMS EXEMPT FROM COST OR PRICING DATA CERTIFI-
CATION REQUIREMENTS.—(1) The Federal Acquisition Regulation
issued in accordance with sections 6 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 405, 421) shall be revised to
clarify the procedures and methods to be used for determining
the reasonableness of prices of exempt commercial items (as defined
in subsection (d)).
(2) The regulations shall, at a minimum, provide specific guid-
ance on—
(A) the appropriate application and precedence of such
price analysis tools as catalog-based pricing, market-based pric-
ing, historical pricing, parametric pricing, and value analysis;
(B) the circumstances under which contracting officers
should require offerors of exempt commercial items to provide—
(i) information on prices at which the offeror has pre-
viously sold the same or similar items; or
(ii) other information other than certified cost or pricing
data;
H. R. 3616—163
(C) the role and responsibility of Department of Defense
support organizations in procedures for determining price
reasonableness; and
(D) the meaning and appropriate application of the term
‘‘purposes other than governmental purposes’’ in section 4(12)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
(3) This subsection shall cease to be effective 1 year after
the date on which final regulations prescribed pursuant to para-
graph (1) take effect.
(b) UNIFIED
MANAGEMENT
OF
PROCUREMENT
OF
EXEMPT
COMMERCIAL ITEMS.—The Secretary of Defense shall develop and
implement procedures to ensure that, whenever appropriate, a sin-
gle item manager or contracting officer is responsible for negotiating
and entering into all contracts from a single contractor for the
procurement of exempt commercial items or for the procurement
of items in a category of exempt commercial items.
(c) COMMERCIAL PRICE TREND ANALYSIS.—(1) The Secretary
of Defense shall develop and implement procedures that, to the
maximum extent that is practicable and consistent with the efficient
operation of the Department of Defense, provide for the collection
and analysis of information on price trends for categories of exempt
commercial items described in paragraph (2).
(2) A category of exempt commercial items referred to in para-
graph (1) consists of exempt commercial items—
(A) that are in a single Federal Supply Group or Federal
Supply Class, are provided by a single contractor, or are other-
wise logically grouped for the purpose of analyzing information
on price trends; and
(B) for which there is a potential for the price paid to
be significantly higher (on a percentage basis) than the prices
previously paid in procurements of the same or similar items
for the Department of Defense, as determined by the head
of the procuring Department of Defense agency or the Secretary
of the procuring military department on the basis of criteria
prescribed by the Secretary of Defense.
(3) The head of a Department of Defense agency or the Sec-
retary of a military department shall take appropriate action to
address any unreasonable escalation in prices being paid for items
procured by that agency or military department as identified in
an analysis conducted pursuant to paragraph (1).
(4) Not later than April 1 of each of fiscal years 2000, 2001,
and 2002, 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 analyses
of price trends that were conducted for categories of exempt commer-
cial items during the preceding fiscal year under the procedures
prescribed pursuant to paragraph (1). The report shall include
a description of the actions taken to identify and address any
unreasonable price escalation for the categories of items.
(d) EXEMPT COMMERCIAL ITEMS DEFINED.—For the purposes
of this section, the term ‘‘exempt commercial item’’ means a commer-
cial item that is exempt under subsection (b)(1)(B) of section 2306a
of title 10, United States Code, or subsection (b)(1)(B) of section
304A of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 254b), from the requirements for submission of
certified cost or pricing data under that section.
H. R. 3616—164
SEC. 804. MODIFICATION OF SENIOR EXECUTIVES COVERED BY
LIMITATION ON ALLOWABILITY OF COMPENSATION FOR
CERTAIN CONTRACTOR PERSONNEL.
(a) ARMED SERVICES ACQUISITIONS.—Section 2324(l)(5) of title
10, United States Code, is amended to read as follows:
‘‘(5) The term ‘senior executives’, with respect to a contrac-
tor, means the five most highly compensated employees in
management positions at each home office and each segment
of the contractor.’’.
(b) CIVILIAN AGENCY ACQUISITIONS.—Section 306(m)(2) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
256(m)(2)) is amended to read as follows:
‘‘(2) The term ‘senior executives’, with respect to a contrac-
tor, means the five most highly compensated employees in
management positions at each home office and each segment
of the contractor.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 39(c)(2) of the
Office of Federal Procurement Policy Act (41 U.S.C. 435(c)(2)) is
amended to read as follows:
‘‘(2) The term ‘senior executives’, with respect to a contrac-
tor, means the five most highly compensated employees in
management positions at each home office and each segment
of the contractor.’’.
(2) Section 808(g)(2) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1838)
is amended by striking out ‘‘senior executive’’ and inserting in
lieu thereof ‘‘senior executives’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to costs of compensation of senior executives
incurred after January 1, 1999, under covered contracts (as defined
in section 2324(l) of title 10, United States Code, and section 306(l)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C.256(l)) entered into before, on, or after the date of the
enactment of this Act.
SEC. 805. SEPARATE DETERMINATIONS OF EXCEPTIONAL WAIVERS OF
TRUTH IN NEGOTIATION REQUIREMENTS FOR PRIME
CONTRACTS AND SUBCONTRACTS.
(a) ARMED SERVICES ACQUISITIONS.—Section 2306a(a)(5) of title
10, United States Code, is amended to read as follows:
‘‘(5) A waiver of requirements for submission of certified cost
or pricing data that is granted under subsection (b)(1)(C) in the
case of a contract or subcontract does not waive the requirement
under paragraph (1)(C) for submission of cost or pricing data in
the case of subcontracts under that contract or subcontract unless
the head of the procuring activity granting the waiver determines
that the requirement under that paragraph should be waived in
the case of such subcontracts and justifies in writing the reasons
for the determination.’’.
(b) CIVILIAN AGENCY ACQUISITIONS.—Section 304A(a)(5) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
254b(a)(5)) is amended to read as follows:
‘‘(5) A waiver of requirements for submission of certified cost
or pricing data that is granted under subsection (b)(1)(C) in the
case of a contract or subcontract does not waive the requirement
under paragraph (1)(C) for submission of cost or pricing data in
the case of subcontracts under that contract or subcontract unless
H. R. 3616—165
the head of the procuring activity granting the waiver determines
that the requirement under that paragraph should be waived in
the case of such subcontracts and justifies in writing the reasons
for the determination.’’.
SEC. 806. PROCUREMENT OF CONVENTIONAL AMMUNITION.
(a) AUTHORITY.—The official in the Department of Defense des-
ignated as the single manager for conventional ammunition in
the Department shall have the authority to restrict the procurement
of conventional ammunition to sources within the national tech-
nology and industrial base in accordance with the authority in
section 2304(c) of title 10, United States Code.
(b) REQUIREMENT.—The official in the Department of Defense
designated as the single manager for conventional ammunition
in the Department of Defense shall limit a specific procurement
of ammunition to sources within the national technology and indus-
trial base in accordance with section 2304(c)(3) of title 10, United
States Code, in any case in which that manager determines that
such limitation is necessary to maintain a facility, producer, manu-
facturer, or other supplier available for furnishing an essential
item of ammunition or ammunition component in cases of national
emergency or to achieve industrial mobilization.
(c) CONVENTIONAL AMMUNITION DEFINED.—For purposes of this
section, the term ‘‘conventional ammunition’’ has the meaning given
that term in Department of Defense Directive 5160.65, dated March
8, 1995.
SEC. 807. PARA-ARAMID FIBERS AND YARNS.
(a) AUTHORITY.—The Secretary of Defense may procure articles
containing para-aramid fibers and yarns manufactured in a foreign
country referred to in subsection (d) if the Secretary determines
that—
(1) procuring articles that contain only para-aramid fibers
and yarns manufactured from suppliers within the national
technology and industrial base would result in sole-source con-
tracts or subcontracts for the supply of such para-aramid fibers
and yarns; and
(2) such sole-source contracts or subcontracts would not
be in the best interests of the Government or consistent with
the objectives of section 2304 of title 10, United States Code.
(b) SUBMISSION TO CONGRESS.—Not later than 30 days after
making a determination under subsection (a), the Secretary shall
submit to Congress a copy of the determination.
(c) APPLICABILITY TO SUBCONTRACTS.—The authority under sub-
section (a) applies with respect to subcontracts under Department
of Defense contracts as well as to such contracts.
(d) FOREIGN COUNTRIES COVERED.—The authority under sub-
section (a) applies with respect to a foreign country that—
(1) is a party to a defense memorandum of understanding
entered into under section 2531 of this title; and
(2) permits United States firms that manufacture para-
aramid fibers and yarns to compete with foreign firms for
the sale of para-aramid fibers and yarns in that country, as
determined by the Secretary of Defense.
(e) DEFINITION.—In this section, the term ‘‘national technology
and industrial base’’ has the meaning given that term in section
2500 of title 10, United States Code.
H. R. 3616—166
SEC. 808. CLARIFICATION OF RESPONSIBILITY FOR SUBMISSION OF
INFORMATION ON PRICES PREVIOUSLY CHARGED FOR
PROPERTY OR SERVICES OFFERED.
(a) ARMED SERVICES PROCUREMENTS.—Section 2306a(d)(1) of
title 10, United States Code, is amended by striking out ‘‘the data
submitted shall’’ in the second sentence and inserting in lieu thereof
the following: ‘‘the contracting officer shall require that the data
submitted’’.
(b) CIVILIAN AGENCY PROCUREMENTS.—Section 304A(d)(1) of
the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254b(d)(1)), is amended by striking out ‘‘the data submitted
shall’’ in the second sentence and inserting in lieu thereof the
following: ‘‘the contracting officer shall require that the data submit-
ted’’.
(c) ELIGIBILITY
FOR CONTRACTS
AND SUBCONTRACTS TO BE
CONDITIONED ON COMPLIANCE.—Not later than 180 days after the
date of the enactment of this Act, the Federal Acquisition Regulation
shall be amended to provide that an offeror’s compliance with
a requirement to submit data for a contract or subcontract in
accordance with section 2306a(d)(1) of title 10, United States Code,
or section 304A(d)(1) of the Federal Property and Administrative
Services Act of 1949 shall be a condition for the offeror to be
eligible to enter into the contract or subcontract, subject to such
exceptions as the Federal Acquisition Regulatory Council deter-
mines appropriate.
(d) CRITERIA FOR CERTAIN DETERMINATIONS.—Not later than
180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to include criteria for
contracting officers to apply for determining the specific price
information that an offeror should be required to submit under
section 2306a(d) of title 10, United States Code, or section 304A(d)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 254b(d)).
SEC. 809. AMENDMENTS AND STUDY RELATING TO PROCUREMENT
FROM FIRMS IN INDUSTRIAL BASE FOR PRODUCTION OF
SMALL ARMS.
(a) REQUIREMENT
TO
LIMIT
PROCUREMENTS
TO
CERTAIN
SOURCES.—Subsection (a) of section 2473 of title 10, United States
Code, is amended—
(1) in the heading, by striking out the first word and
inserting in lieu thereof ‘‘REQUIREMENT’’;
(2) by striking out ‘‘To the extent that the Secretary of
Defense determines necessary to preserve the small arms
production industrial base, the Secretary may’’ and inserting
in lieu thereof ‘‘In order to preserve the small arms production
industrial base, the Secretary of Defense shall’’; and
(3) by inserting before the period at the end the following:
‘‘, unless the Secretary determines, with regard to a particular
procurement, that such requirement is not necessary to pre-
serve the small arms production industrial base’’.
(b) SPECIFICATION OF INCLUDED REPAIR PARTS.—Subsection (b)
of such section is amended in paragraph (1) by inserting before
the period the following: ‘‘, including repair parts consisting of
barrels, receivers, and bolts’’.
(c) APPLICABILITY OF REQUIREMENT.—Such section is further
amended—
H. R. 3616—167
(1) in subsection (b), by striking out ‘‘Subsection’’ and
inserting in lieu thereof ‘‘Subject to subsection (d), subsection’’;
and
(2) by adding at the end the following new subsection:
‘‘(d) APPLICABILITY.—This section applies only to procurements
of covered property and services involving the following small arms:
‘‘(1) M16 series rifle.
‘‘(2) MK19 grenade machine gun.
‘‘(3) M4 series carbine.
‘‘(4) M240 series machine gun.
‘‘(5) M249 squad automatic weapon.’’.
(d) SUBMISSION OF CERTIFIED COST OR PRICING DATA.—Such
section is further amended by adding at the end the following
new subsection:
‘‘(e) SUBMISSION OF CERTIFIED COST OR PRICING DATA.—If a
procurement under subsection (a) is a procurement of a commercial
item, the Secretary may, notwithstanding section 2306a(b)(1)(B)
of this title, require the submission of certified cost or pricing
data under section 2306a(a) of this title.’’.
(e) STUDY.—Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of the Army shall conduct a study,
to be carried out by the Army Science Board, to examine whether
the requirements of section 2473 of title 10, United States Code,
should be extended to small arms (as specified in subsection (d)
of such section) and the parts manufactured under a contract with
the Department of Defense to produce such small arms.
(f ) AUTHORITY TO EXTEND REQUIREMENTS OF SECTION 2473.—
Based upon recommendations of the Army Science Board resulting
from the study conducted under subsection (e), the Secretary of
the Army may apply the requirements of section 2473 of title
10, United States Code, to the small arms and parts referred
to in subsection (e).
Subtitle B—Other Matters
SEC. 811. ELIGIBILITY OF INVOLUNTARILY DOWNGRADED EMPLOYEE
FOR MEMBERSHIP IN AN ACQUISITION CORPS.
Section 1732(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) Paragraph (1) of subsection (b) shall not apply to an
employee who—
‘‘(A) having previously served in a position within a grade
referred to in subparagraph (A) of that paragraph, is currently
serving in the same position within a grade below GS–13 of
the General Schedule, or in another position within that grade,
by reason of a reduction in force or the closure or realignment
of a military installation, or for any other reason other than
by reason of an adverse personnel action for cause; and
‘‘(B) except as provided in paragraphs (1) and (2), satisfies
the educational, experience, and other requirements prescribed
under paragraphs (2), (3), and (4) of that subsection.’’.
SEC. 812. TIME FOR SUBMISSION OF ANNUAL REPORT RELATING TO
BUY AMERICAN ACT.
Section 827 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104–201; 110 Stat. 2611; 41 U.S.C. 10b–
H. R. 3616—168
3) is amended by striking out ‘‘90 days’’ and inserting in lieu
thereof ‘‘60 days’’.
SEC. 813. PROCUREMENT OF TRAVEL SERVICES FOR OFFICIAL AND
UNOFFICIAL TRAVEL UNDER ONE CONTRACT.
(a) AUTHORITY.—Chapter 157 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2646. Travel services: procurement for official and unoffi-
cial travel under one contract
‘‘(a) AUTHORITY.—The head of an agency may enter into a
contract for travel-related services that provides for the contractor
to furnish services for both official travel and unofficial travel.
‘‘(b) CREDITS, DISCOUNTS, COMMISSIONS, FEES.—(1) A contract
entered into under this section may provide for credits, discounts,
or commissions or other fees to accrue to the Department of Defense.
The accrual and amounts of credits, discounts, or commissions
or other fees may be determined on the basis of the volume (meas-
ured in the number or total amount of transactions or otherwise)
of the travel-related sales that are made by the contractor under
the contract.
‘‘(2) The evaluation factors applicable to offers for a contract
under this section may include a factor that relates to the estimated
aggregate value of any credits, discounts, commissions, or other
fees that would accrue to the Department of Defense for the travel-
related sales made under the contract.
‘‘(3) Commissions or fees received by the Department of Defense
as a result of travel-related sales made under a contract entered
into under this section shall be distributed as follows:
‘‘(A) For amounts relating to sales for official travel, credit
to appropriations available for official travel for the fiscal year
in which the amounts were charged.
‘‘(B) For amounts relating to sales for unofficial travel,
deposit in nonappropriated fund accounts available for morale,
welfare, and recreation programs.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘head of an agency’ has the meaning given
that term in section 2302(1) of this title.
‘‘(2) The term ‘official travel’ means travel at the expense
of the Federal Government.
‘‘(3) The term ‘unofficial travel’ means personal travel or
other travel that is not paid for or reimbursed by the Federal
Government out of appropriated funds.
‘‘(d) INAPPLICABILITY TO COAST GUARD AND NASA.—This section
does not apply to the Coast Guard when it is not operating as
a service in the Navy, nor to the National Aeronautics and Space
Administration.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2646. Travel services: procurement for official and unofficial travel under one con-
tract.’’.
SEC. 814. DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER
AGENCIES.
(a) EXTENSION OF REGULATIONS.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the regulations issued pursuant to section 844 of the
H. R. 3616—266
(3) $15,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of a railhead facility
at Fort Hood, Texas);
(4) $73,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of a cadet develop-
ment center at the United States Military Academy, West Point,
New York);
(5) $36,000,000 (the balance of the amount authorized
under section 2101(b) for the construction of a powerplant
on Roi Namur Island at Kwajalein Atoll, Kwajalein);
(6) $3,500,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks com-
plex renewal at Fort Wainwright, Alaska);
(7) $24,500,000 (the balance of the amount authorized
under section 2101(a) for the construction of the whole barracks
complex renewal at Fort Riley, Kansas); and
(8) $27,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of the whole barracks
complex renewal at Fort Campbell, Kentucky).
(c) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (10) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by—
(1) $2,639,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes;
(2) $3,000,000, which represents the combination of savings
in military family housing support resulting from favorable
bids, reduced overhead costs, and cancellations due to force
structure changes; and
(3) $8,000,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force structure
changes.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1998 PROJECTS.
(a) MODIFICATION.—The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1998 (division B
of Public Law 105–85; 111 Stat. 1967) is amended—
(1) in the item relating to Fort Drum, New York, by striking
out ‘‘$24,400,000’’ in the amount column and inserting in lieu
thereof ‘‘$24,900,000’’;
(2) in the item relating to Fort Sill, Oklahoma, by striking
out ‘‘$25,000,000’’ in the amount column and inserting in lieu
thereof ‘‘$28,500,000’’; and
(3) by striking out the amount identified as the total in
the amount column and inserting in lieu thereof ‘‘$602,750,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104 of that Act (111
Stat. 1968) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
out 
‘‘$2,010,466,000’’ 
and 
inserting 
in 
lieu 
thereof
‘‘$2,013,966,000’’; and
(B) in paragraph (1), by striking out ‘‘$435,350,000’’
and inserting in lieu thereof ‘‘$438,850,000’’; and
H. R. 3616—272
Air Force: Outside the United States
Country
Installation or location
Amount
Germany ..............................
Spangdahlem Air Base ...................
$9,501,000
Korea ....................................
Kunsan Air Base .............................
$5,958,000
Osan Air Base .................................
$7,496,000
Turkey ..................................
Incirlik Air Base ..............................
$2,949,000
United Kingdom ..................
Royal Air Force, Lakenheath .........
$15,838,000
Royal Air Force, Mildenhall ...........
$24,960,000
Total ......................................
$66,702,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition) at the
installations, for the purposes, and in the amounts set forth in
the following table:
Air Force: Family Housing
State
Installation or loca-
tion
Purpose
Amount
Alabama ......................
Maxwell Air Force
Base ........................
143 Units .........
$16,300,000
Alaska .........................
Eielson Air Force
Base ........................
46 Units ...........
$12,932,000
California ....................
Edwards Air Force
Base ........................
48 Units ...........
$12,580,000
Vandenberg Air Force
Base ........................
95 Units ...........
$18,499,000
Delaware .....................
Dover Air Force Base
55 Units ...........
$8,998,000
Florida .........................
MacDill Air Force
Base.
48 Units ...........
$7,609,000
Patrick Air Force
Base.
46 Units ...........
$9,692,000
Tyndall Air Force
Base.
122 Units .........
$14,500,000
Mississippi ..................
Columbus Air Force
Base.
52 Units ...........
$6,800,000
Keesler Air Force
Base.
52 Units ...........
$6,800,000
Montana ......................
Malmstrom Air Force
Base.
50 Units ...........
$10,000,000
Nebraska .....................
Offutt Air Force Base
Ancillary Facil-
ity .................
$870,000
Offutt Air Force Base
Ancillary Facil-
ity .................
$900,000
Offutt Air Force Base
90 Units ...........
$12,212,000
Nevada ........................
Nellis Air Force Base
28 Units ...........
$5,000,000
New Mexico ................
Kirtland Air Force
Base ........................
37 Units ...........
$6,400,000
Ohio .............................
Wright-Patterson Air
Force Base ..............
40 Units ...........
$5,600,000
Texas ...........................
Dyess Air Force Base
64 Units ...........
$9,415,000
Sheppard Air Force
Base ........................
65 Units ...........
$7,000,000
H. R. 3616—273
Air Force: Family Housing—Continued
State
Installation or loca-
tion
Purpose
Amount
Washington .................
Fairchild Air Force
Base ........................
Ancillary Facil-
ity .................
$1,692,000
Fairchild Air Force
Base ........................
14 Units ...........
$2,300,000
Total .........
$176,099,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $11,342,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(5)(A), the Secretary of the Air Force
may improve existing military family housing units in an amount
not to exceed $104,108,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1998, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total amount
of $1,679,978,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $514,880,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $66,702,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,135,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$38,092,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $291,549,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $785,204,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1) and (2) of subsection (a).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by—
H. R. 3616—274
(1) $10,584,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes;
(2) $2,000,000,000, which represents the combination of
savings in military family housing support resulting from favor-
able bids, reduced overhead costs, and cancellations due to
force structure changes; and
(3) $12,000,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force structure
changes.
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.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Chemical Demilitarization ..
Aberdeen Proving Ground, Mary-
land ...............................................
$186,350,000
Newport Army Depot, Indiana ......
$191,550,000
Defense Logistics Agency ....
Defense Fuel Support Point, Fort
Sill, Oklahoma .............................
$3,500,000
Defense Fuel Support Point, Jack-
sonville Annex, Mayport, Florida
$11,020,000
Defense Fuel Support Point, Jack-
sonville, Florida ...........................
$11,000,000
Defense General Supply Center,
Richmond (DLA), Virginia ..........
$10,500,000
Defense 
Fuel 
Supply 
Center,
Camp Shelby, Mississippi ...........
$5,300,000
Defense Fuel Supply Center, El-
mendorf Air Force Base, Alaska
$19,500,000
Defense Fuel Supply Center, Pope
Air Force Base, North Carolina
$4,100,000
Various Locations ............................
$1,300,000
Defense Medical Facilities
Office .................................
Barksdale Air Force Base, Louisi-
ana ................................................
$3,450,000
Beale Air Force Base, California ...
$3,500,000
Carlisle Barracks, Pennsylvania ...
$4,678,000
Cheatham Annex, Virginia ............
$11,300,000
H. R. 3616—275
Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Edwards Air Force Base, Califor-
nia .................................................
$6,000,000
Eglin Air Force Base, Florida ........
$9,200,000
Fort Bragg, North Carolina ...........
$6,500,000
Fort Hood, Texas .............................
$14,100,000
Fort Stewart/Hunter Army Air
Field, Georgia ..............................
$10,400,000
Grand 
Forks 
Air 
Force 
Base,
North Dakota ...............................
$5,600,000
Holloman Air Force Base, New
Mexico ..........................................
$1,300,000
Keesler 
Air 
Force 
Base, 
Mis-
sissippi ..........................................
$700,000
Marine Corps Air Station, Camp
Pendleton, California ..................
$6,300,000
McChord Air Force Base, Wash-
ington ...........................................
$20,000,000
Moody Air Force Base, Georgia .....
$11,000,000
Naval Air Station, Pensacola, Flor-
ida .................................................
$25,400,000
Naval Hospital, Bremerton, Wash-
ington ...........................................
$28,000,000
Naval Hospital, Great Lakes, Illi-
nois ...............................................
$7,100,000
Naval Station, San Diego, Califor-
nia .................................................
$1,350,000
Naval Submarine Base, Bangor,
Washington ..................................
$5,700,000
Travis Air Force Base, California ..
$1,700,000
Defense Education Activity
Marine 
Corps 
Base, 
Camp
LeJeune, North Carolina ............
$16,900,000
United States Military Academy,
West Point, New York .................
$2,840,000
National Security Agency ...
Fort Meade, Maryland ....................
$668,000
Special Operations Com-
mand .................................
Eglin Auxiliary Field 3, Florida .....
$7,310,000
Eglin Auxiliary Field 9, Florida .....
$2,400,000
Fort Campbell, Kentucky ...............
$15,000,000
MacDill Air Force Base, Florida ....
$8,400,000
Naval Amphibious Base, Coro-
nado, California ...........................
$3,600,000
Stennis Space Center, Mississippi
$5,500,000
Total ...................................
$690,016,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
and locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Logistics Agency ....
Lajes Field, Azores, Portugal .........
$7,700,000
Defense Medical Facilities
Office .................................
Naval Air Station, Sigonella, Italy
$5,300,000
H. R. 3616—281
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Navy: Extension of 1996 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Puerto Rico .................
Naval Station Roo-
sevelt Roads ...........
Housing Office
$710,000
California ....................
Camp Pendleton ........
Family Housing
Construction
(138 units) ....
$20,000,000
Air Force: Extension of 1996 Project Authorization
State
Installation or loca-
tion
Project
Amount
Texas ...........................
Lackland Air Force
Base ........................
Family Housing
(67 units) ......
$6,200,000
Army National Guard: Extension of 1996 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Mississippi ..................
Camp Shelby ..............
Multipurpose
Range Com-
plex (Phase I)
$5,000,000
Missouri ......................
National Guard
Training Site, Jef-
ferson City ..............
Multipurpose
Range ...........
$2,236,000
SEC. 2703. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 1995
PROJECT.
(a) EXTENSION.—Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103–337; 108 Stat. 3046), the authorization for the
project set forth in the table in subsection (b), as provided in
section 2201 of that Act and extended by section 2702 of the
Military Construction Authorization Act for Fiscal Year 1998 (divi-
sion B of Public Law 105–85; 111 Stat. 1985), shall remain in
effect until October 1, 1999, or the date of enactment of an Act
authorizing funds for military construction for fiscal year 2000,
whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Navy: Extension of 1995 Project Authorization
State
Installation or loca-
tion
Project
Amount
Maryland ....................
Indian Head Naval
Surface Warfare
Center .....................
Denitrification/
Acid Mixing
Facility .........
$6,400,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of—
(1) October 1, 1998; or
H. R. 3616—295
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States
shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2838. LAND CONVEYANCE, ARMY RESERVE CENTER, JAMESTOWN,
OHIO.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Greeneview Local School Dis-
trict of Jamestown, Ohio, all right, title, and interest of the United
States in and to a parcel of real property, including improvements
thereon, that is located at 5693 Plymouth Road in Jamestown,
Ohio, and contains an Army Reserve Center, for the purpose of
permitting the Greeneview Local School District to retain and use
the conveyed property for educational purposes.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Greeneview Local
School District.
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized
under subsection (a), if the Secretary determines that the conveyed
real property is not being used in accordance with the purpose
of the conveyance specified in such subsection, all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States
shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2839. LAND CONVEYANCE, ARMY RESERVE CENTER, PEORIA,
ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Peoria School District #150
of Peoria, Illinois (in this section referred to as the ‘‘School District’’),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of the
Army Reserve Center located at 1429 Northmoor Road in Peoria,
Illinois, for the purpose of permitting the School District to develop
the parcel for educational and transportation purposes.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the School District.
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized
under subsection (a), if the Secretary determines that the conveyed
real property is not being used in accordance with the purpose
H. R. 3616—305
approximately 4.38 acres at Lake Charles Air Force Station, Louisi-
ana, for the purpose of permitting the University to use the parcel
for educational purposes and agricultural research.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the University.
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized
under subsection (a), if the Secretary determines that the conveyed
real property is not being used in accordance with the purpose
of the conveyance specified in such subsection, all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States
shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2864. LAND CONVEYANCE, AIR FORCE HOUSING FACILITY, LA
JUNTA, COLORADO.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey, without consideration, to the City of La Junta, Colorado
(in this section referred to as the ‘‘City’’), all right, title, and interest
of the United States in and to the unused Air Force housing
facility, consisting of approximately 28 acres and improvements
thereon, located within the southern-most boundary of the City,
for the purpose of permitting the City to develop the conveyed
property for housing and educational purposes.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the City.
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized
under subsection (a), if the Secretary determines that the conveyed
real property is not being used in accordance with the purpose
of the conveyance specified in such subsection, all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United States
shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
H. R. 3616—320
(2) SITE PROJECT AND COMPLETION.—For site project and
completion in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $1,067,253,000, to be allocated as follows:
(A) For operation and maintenance, $868,090,000.
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior 
years, 
and 
land 
acquisition 
related 
thereto),
$199,163,000, to be allocated as follows:
Project 99–D–402, tank farm support services,
F&H areas, Savannah River Site, Aiken, South Caro-
lina, $2,745,000.
Project 99–D–404, health physics instrumentation
laboratory, Idaho National Engineering Laboratory,
Idaho, $950,000.
Project 98–D–401, H-tank farm storm water sys-
tems upgrade, Savannah River Site, Aiken, South
Carolina, $3,120,000.
Project 98–D–453, plutonium stabilization and
handling system for plutonium finishing plant, Rich-
land, Washington, $26,814,000.
Project 98–D–700, road rehabilitation, Idaho
National Engineering Laboratory, Idaho, $7,710,000.
Project 97–D–450, Actinide packaging and storage
facility, Savannah River Site, Aiken, South Carolina,
$79,184,000.
Project 97–D–470, environmental monitoring lab-
oratory, Savannah River Site, Aiken, South Carolina,
$7,000,000.
Project 96–D–406, spent nuclear fuels canister
storage and stabilization facility, Richland, Washing-
ton, $38,680,000.
Project 96–D–408, waste management upgrades,
Kansas City Plant, Kansas City, Missouri, and Savan-
nah River Site, Aiken, South Carolina, $4,512,000.
Project 96–D–464, electrical and utility systems
upgrade, Idaho Chemical Processing Plant, Idaho
National Engineering Laboratory, Idaho, $11,544,000.
Project 96–D–471, chlorofluorocarbon heating, ven-
tilation, and air conditioning and chiller retrofit,
Savannah 
River 
Site, 
Aiken, 
South 
Carolina,
$8,000,000.
Project 95–D–456, security facilities consolidation,
Idaho Chemical Processing Plant, Idaho National
Engineering Laboratory, Idaho, $485,000.
Project 92–D–140, F&H canyon exhaust upgrades,
Savannah 
River 
Site, 
Aiken, 
South 
Carolina,
$3,667,000.
Project 86–D–103, decontamination and waste
treatment facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $4,752,000.
(3) POST-2006 COMPLETION.—For post-2006 project comple-
tion in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $2,744,451,000, to be allocated as follows:
(A) For operation and maintenance, $2,663,195,000.