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ational test and evaluation, including initial operational
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith; $25,245,000, to remain available for obligation
until September 30, 2000.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
(INCLUDING TRANSFER OF FUNDS)
For the Defense Working Capital Funds; $94,500,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects,
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744);
$669,566,000, to remain available until expended: Pro-
vided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the
acquisition of any of the following major components unless
such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines, re-
duction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
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exercise of an option in a contract awarded through the ob-
ligation of previously appropriated funds shall not be con-
sidered to be the award of a new contract: Provided further,
That the Secretary of the military department responsible
for such procurement may waive these restrictions on a
case-by-case basis by certifying in writing to the Commit-
tees on Appropriations of the House of Representatives and
the Senate, that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a time-
ly basis and that such an acquisition must be made in order
to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense, as
authorized 
by 
law; 
$10,337,322,000, 
of 
which
$9,684,935,000 shall be for Operation and maintenance, of
which not to exceed two per centum shall remain available
until September 30, 1999, of which $402,387,000, to remain
available for obligation until September 30, 2001, shall be
for Procurement, and of which $250,000,000, to remain
available for obligation until September 30, 2000, shall be
for Research, development, test and evaluation: Provided,
That, of the funds available under this heading, $3,000,000
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shall be available for research and surveillance activities re-
lating to Lyme disease and other tick-borne diseases.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE
For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal chem-
ical agents and munitions in accordance with the provi-
sions of section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the
chemical 
weapon 
stockpile, 
$780,150,000, 
of 
which
$491,700,000 shall be for Operation and maintenance,
$115,670,000 shall be for Procurement to remain available
until September 30, 2001, and $172,780,000 shall be for
Research, development, test and evaluation to remain avail-
able until September 30, 2000: Provided, That of the funds
available under this heading, $1,000,000 shall be available
until expended each year only for a Johnston Atoll off-is-
land leave program: Provided further, That the Secretaries
concerned shall, pursuant to uniform regulations, prescribe
travel and transportation allowances for travel by partici-
pants in the off-island leave program.
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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military person-
nel of the reserve components serving under the provisions
of title 10 and title 32, United States Code; for Operation
and maintenance; for Procurement; and for Research, devel-
opment, test and evaluation; $742,582,000: Provided, That
the funds appropriated under this head shall be available
for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Pro-
vided further, That the transfer authority provided in this
paragraph is in addition to any transfer authority con-
tained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector
General Act of 1978, as amended; $132,064,000, of which
$130,764,000 shall be for Operation and maintenance, of
which not to exceed $500,000 is available for emergencies
and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may
be made on his certificate of necessity for confidential mili-
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tary purposes; and of which $1,300,000, to remain available
until September 30, 2001, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System;
$201,500,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account; $134,623,000, of which $39,011,000
for the Advanced Research and Development Committee and
the Environmental Intelligence and Applications Program
shall remain available until September 30, 2000: Provided,
That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence re-
sponsibilities, and of the said amount, $1,500,000 for Pro-
curement shall remain available until September 30, 2001,
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and $3,000,000 for Research, development, test and evalua-
tion shall remain available until September 30, 2000.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,
REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Reme-
diation, and Environmental Restoration Fund, as author-
ized by law; $25,000,000, to remain available until ex-
pended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–183,
$3,000,000, to be derived from the National Security Edu-
cation Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
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employees of the Department of Defense whose pay is com-
puted under the provisions of section 5332 of title 5, United
States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic
missions whose pay is set by the Department of State under
the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond the
current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 per centum of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the last
two months of the fiscal year: Provided, That this section
shall not apply to obligations for support of active duty
training of reserve components or summer camp training
of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
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and Budget, transfer not to exceed $1,775,000,000 of work-
ing capital funds of the Department of Defense or funds
made available in this Act to the Department of Defense
for military functions (except military construction) be-
tween such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher prior-
ity items, based on unforeseen military requirements, than
those for which originally appropriated and in no case
where the item for which funds are requested has been de-
nied by Congress: Provided further, That the Secretary of
Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United
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States Code, may be maintained in only such amounts as
are necessary at any time for cash disbursements to be made
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated to working capital funds in this Act, no obligations
may be made against a working capital fund to procure
or increase the value of war reserve material inventory, un-
less the Secretary of Defense has notified the Congress prior
to any such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds provided in this Act shall
be available to initiate: (1) a multiyear contract that em-
ploys economic order quantity procurement in excess of
$20,000,000 in any one year of the contract or that includes
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an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, un-
less the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award:
Provided, That no part of any appropriation contained in
this Act shall be available to initiate a multiyear contract
for which the economic order quantity advance procurement
is not funded at least to the limits of the Government’s li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would
exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract
can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
E–2C aircraft;
Longbow Hellfire missile; and
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Medium tactical vehicle replacement (MTVR).
SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assist-
ance costs incidental to authorized operations and pursuant
to authority granted in section 401 of chapter 20 of title
10, United States Code, and these obligations shall be re-
ported to Congress on September 30 of each year: Provided,
That funds available for operation and maintenance shall
be available for providing humanitarian and similar assist-
ance by using Civic Action Teams in the Trust Territories
of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as au-
thorized by Public Law 99–239: Provided further, That
upon a determination by the Secretary of the Army that
such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in
Hawaii, the Secretary of the Army may authorize the pro-
vision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for ci-
vilian patients from American Samoa, the Commonwealth
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of the Northern Mariana Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 1999, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the management
of such personnel during that fiscal year shall not be subject
to any constraint or limitation (known as an end-strength)
on the number of such personnel who may be employed on
the last day of such fiscal year.
(b) The fiscal year 2000 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2000 De-
partment of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 2000.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. Notwithstanding any other provision of
law, none of the funds made available by this Act shall be
used by the Department of Defense to exceed, outside the
50 United States, its territories, and the District of Colum-
bia, 125,000 civilian workyears: Provided, That workyears
shall be applied as defined in the Federal Personnel Man-
ual: Provided further, That workyears expended in depend-
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ent student hiring programs for disadvantaged youths shall
not be included in this workyear limitation.
SEC. 8012. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8013. (a) None of the funds appropriated by this
Act shall be used to make contributions to the Department
of Defense Education Benefits Fund pursuant to section
2006(g) of title 10, United States Code, representing the
normal cost for future benefits under section 3015(c) of title
38, United States Code, for any member of the armed serv-
ices who, on or after the date of enactment of this Act—
(1) enlists in the armed services for a period of
active duty of less than three years; or
(2) receives an enlistment bonus under section
308a or 308f of title 37, United States Code,
nor shall any amounts representing the normal cost of such
future benefits be transferred from the Fund by the Sec-
retary of the Treasury to the Secretary of Veterans Affairs
pursuant to section 2006(d) of title 10, United States Code;
nor shall the Secretary of Veterans Affairs pay such benefits
to any such member: Provided, That in the case of a mem-
ber covered by clause (1), these limitations shall not apply
to members in combat arms skills or to members who enlist
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in the armed services on or after July 1, 1989, under a
program continued or established by the Secretary of De-
fense in fiscal year 1991 to test the cost-effective use of spe-
cial recruiting incentives involving not more than nineteen
noncombat arms skills approved in advance by the Sec-
retary of Defense: Provided further, That this subsection ap-
plies only to active components of the Army.
(b) None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any mem-
ber of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund
when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided
further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8014. None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on
or after the date of enactment of this Act, is performed by
more than ten Department of Defense civilian employees
until a most efficient and cost-effective organization analy-
sis is completed on such activity or function and certifi-
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cation of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate:
Provided, That this section shall not apply to a commercial
or industrial type function of the Department of Defense
that: (1) is included on the procurement list established pur-
suant to section 2 of the Act of June 25, 1938 (41 U.S.C.
47), popularly referred to as the Javits-Wagner-O’Day Act;
(2) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in ac-
cordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 per centum
Native American ownership.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510;
10 U.S.C. 2301 note), as amended, under the authority of
this provision or any other transfer authority contained in
this Act.
SEC. 8016. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and
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its departments and agencies) of welded shipboard anchor
and mooring chain 4 inches in diameter and under unless
the anchor and mooring chain are manufactured in the
United States from components which are substantially
manufactured in the United States: Provided, That for the
purpose of this section manufactured will include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside
the United States: Provided further, That when adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the
service responsible for the procurement may waive this re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional security purposes.
SEC. 8017. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) shall be available for
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the reimbursement of any health care provider for inpatient
mental health service for care received when a patient is
referred to a provider of inpatient mental health care or
residential treatment care by a medical or health care pro-
fessional having an economic interest in the facility to
which the patient is referred: Provided, That this limitation
does not apply in the case of inpatient mental health serv-
ices provided under the program for the handicapped under
subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursu-
ant to a waiver authorized by the Secretary of Defense be-
cause of medical or psychological circumstances of the pa-
tient that are confirmed by a health professional who is not
a Federal employee after a review, pursuant to rules pre-
scribed by the Secretary, which takes into account the ap-
propriate level of care for the patient, the intensity of serv-
ices required by the patient, and the availability of that
care.
SEC. 8018. Funds available in this Act may be used
to provide transportation for the next-of-kin of individuals
who have been prisoners of war or missing in action from
the Vietnam era to an annual meeting in the United States,
under such regulations as the Secretary of Defense may pre-
scribe.
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SEC. 8019. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of Defense
may, by executive agreement, establish with host nation
governments in NATO member states a separate account
into which such residual value amounts negotiated in the
return of United States military installations in NATO
member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United
States Treasury: Provided, That such credits may be uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 2000 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, That each such executive agreement with a NATO
member host nation shall be reported to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
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on Foreign Relations of the Senate 30 days prior to the
conclusion and endorsement of any such agreement estab-
lished under this provision.
SEC. 8020. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8021. Notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be
available to pay more than 50 per centum of an amount
paid to any person under section 308 of title 37, United
States Code, in a lump sum.
SEC. 8022. A member of a reserve component whose
unit or whose residence is located in a State which is not
contiguous with another State is authorized to travel in a
space required status on aircraft of the Armed Forces be-
tween home and place of inactive duty training, or place
of duty in lieu of unit training assembly, when there is
no road or railroad transportation (or combination of road
and railroad transportation between those locations): Pro-
vided, That a member traveling in that status on a military
aircraft pursuant to the authority provided in this section
is not authorized to receive travel, transportation, or per
diem allowances in connection with that travel.
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SEC. 8023. (a) In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive payments authorized by section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544): Provided, That
contractors participating in the test program established by
section 854 of Public Law 101–189 (15 U.S.C. 637 note)
shall be eligible for the program established by section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544).
(b) Section 8024 of the Department of Defense Appro-
priations Act (Public Law 105–56) is amended by striking
out ‘‘That these payments’’ and all that follows through
‘‘Provided further,’’.
SEC. 8024. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Colum-
bia may be used for the pay, allowances, and benefits of
an employee as defined by section 2105 of title 5, United
States Code, or an individual employed by the government
of the District of Columbia, permanent or temporary indefi-
nite, who—
(1) is a member of a Reserve component of the
Armed Forces, as described in section 10101 of title
10, United States Code, or the National Guard, as de-
scribed in section 101 of title 32;
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(2) performs, for the purpose of providing mili-
tary aid to enforce the law or providing assistance to
civil authorities in the protection or saving of life or
property or prevention of injury—
(A) Federal service under sections 331, 332,
333, or 12406 of title 10, or other provision of
law, as applicable; or
(B) full-time military service for his or her
State, the District of Columbia, the Common-
wealth of Puerto Rico, or a territory of the
United States; and
(3) requests and is granted—
(A) leave under the authority of this section;
or
(B) annual leave, which may be granted
without regard to the provisions of sections 5519
and 6323(b) of title 5, if such employee is other-
wise entitled to such annual leave:
Provided, That any employee who requests leave under sub-
section (3)(A) for service described in subsection (2) of this
section is entitled to such leave, subject to the provisions
of this section and of the last sentence of section 6323(b)
of title 5, and such leave shall be considered leave under
section 6323(b) of title 5.
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SEC. 8025. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to
the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
48 months after initiation of such study for a multi-func-
tion activity.
SEC. 8026. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8027. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code.
SEC. 8028. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act.
SEC. 8029. (a) Of the funds for the procurement of sup-
plies or services appropriated by this Act, qualified non-
profit agencies for the blind or other severely handicapped
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shall be afforded the maximum practicable opportunity to
participate as subcontractors and suppliers in the perform-
ance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by small
business concerns pursuant to section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) shall be given credit to-
ward meeting that subcontracting goal for any purchases
made from qualified nonprofit agencies for the blind or
other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8030. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant
to section 1095 of title 10, United States Code, shall be
made available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility’s direct budget amount.
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SEC. 8031. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not
to exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations.
SEC. 8032. Of the funds made available in this Act,
not less than $23,964,000 shall be available for the Civil
Air Patrol, of which $20,654,000 shall be available for oper-
ation and maintenance.
SEC. 8033. (a) None of the funds appropriated in this
Act are available to establish a new Department of Defense
(department) federally funded research and development
center (FFRDC), either as a new entity, or as a separate
entity administrated by an organization managing another
FFRDC, or as a nonprofit membership corporation consist-
ing of a consortium of other FFRDCs and other non-profit
entities.
(b) LIMITATION
ON
COMPENSATION—FEDERALLY
FUNDED
RESEARCH
AND
DEVELOPMENT
CENTER
(FFRDC).—No member of a Board of Directors, Trustees,
Overseers, Advisory Group, Special Issues Panel, Visiting
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Committee, or any similar entity of a defense FFRDC, and
no paid consultant to any defense FFRDC, except when act-
ing in a technical advisory capacity, may be compensated
for his or her services as a member of such entity, or as
a paid consultant by more than one FFRDC in a fiscal
year: Provided, That a member of any such entity referred
to previously in this subsection shall be allowed travel ex-
penses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of
membership duties.
(c) Notwithstanding any other provision of law, none
of the funds available to the department from any source
during fiscal year 1999 may be used by a defense FFRDC,
through a fee or other payment mechanism, for construction
of new buildings, for payment of cost sharing for projects
funded by government grants, for absorption of contract
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or
development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 1999,
not more than 6,206 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That
of the specific amount referred to previously in this sub-
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section, not more than 1,105 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) Within 60 days after enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense
committees a report presenting the specific amounts of staff
years of technical effort to be allocated by the department
for each defense FFRDC during fiscal year 1999: Provided,
That, after the submission of the report required by this
subsection, the department may not reallocate more than
five per centum of an FFRDC’s staff years among other
defense FFRDCs until 30 days after a detailed justification
for any such reallocation is submitted to the congressional
defense committees.
(f) The Secretary of Defense shall, with the submission
of the department’s fiscal year 2000 budget request, submit
a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year.
SEC. 8034. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States
or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515,
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American Society of Testing and Materials (ASTM) or
American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: Provided further, That
the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which
are in being as of the date of enactment of this Act.
SEC. 8035. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the National Security
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the
Subcommittee on National Security of the Committee on
Appropriations of the House of Representatives.
SEC. 8036. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well
as the production of components and other Defense-related
articles, through competition between Department of De-
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fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of dele-
gation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and
private bids: Provided further, That Office of Management
and Budget Circular A–76 shall not apply to competitions
conducted under this section.
SEC. 8037. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary’s blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
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(b) The Secretary of Defense shall submit to Congress
a report on the amount of Department of Defense purchases
from foreign entities in fiscal year 1999. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agree-
ment to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and
for other purposes’’, approved March 3, 1933 (41 U.S.C.
10a et seq.).
SEC. 8038. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the next
fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.
SEC. 8039. During the current fiscal year, appropria-
tions available to the Department of Defense may be used
to reimburse a member of a reserve component of the Armed
Forces who is not otherwise entitled to travel and transpor-
tation allowances and who occupies transient government
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housing while performing active duty for training or inac-
tive duty training: Provided, That such members may be
provided lodging in kind if transient government quarters
are unavailable as if the member was entitled to such allow-
ances under subsection (a) of section 404 of title 37, United
States Code: Provided further, That if lodging in kind is
provided, any authorized service charge or cost of such lodg-
ing may be paid directly from funds appropriated for oper-
ation and maintenance of the reserve component of the
member concerned.
SEC. 8040. The President shall include with each budg-
et for a fiscal year submitted to the Congress under section
1105 of title 31, United States Code, materials that shall
identify clearly and separately the amounts requested in the
budget for appropriation for that fiscal year for salaries
and expenses related to administrative activities of the De-
partment of Defense, the military departments, and the De-
fense Agencies.
SEC. 8041. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’ may be obligated for the Young
Marines program.
SEC. 8042. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
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2921(c)(1) of the National Defense Authorization Act of
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act: Provided, That none of the
funds made available for expenditure under this section
may be transferred or obligated until thirty days after the
Secretary of Defense submits a report which details the bal-
ance available in the Overseas Military Facility Investment
Recovery Account, all projected income into the account
during fiscal years 1999 and 2000, and the specific expend-
itures to be made using funds transferred from this account
during fiscal year 1999.
SEC. 8043. Of the funds appropriated or otherwise
made available by this Act, not more than $119,200,000
shall be available for payment of the operating costs of
NATO Headquarters: Provided, That the Secretary of De-
fense may waive this section for Department of Defense sup-
port provided to NATO forces in and around the former
Yugoslavia.
SEC. 8044. During the current fiscal year, appropria-
tions which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$100,000.
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SEC. 8046. None of the funds provided in this Act and
hereafter shall be available for use by a military department
to modify an aircraft, weapon, ship or other item of equip-
ment, that the military department concerned plans to re-
tire or otherwise dispose of within 5 years after completion
of the modification: Provided, That this prohibition shall
not apply to safety modifications: Provided further, That
this prohibition may be waived by the Secretary of a mili-
tary department if the Secretary determines it is in the best
national security interest of the United States to provide
such waiver and so notifies the congressional defense com-
mittees in writing.
SEC. 8047. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
2000: Provided, That funds appropriated, transferred or
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any
prior or subsequent fiscal year shall remain available until
expended.
SEC. 8048. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
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deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8049. Of the funds appropriated by the Depart-
ment of Defense under the heading ‘‘OPERATION AND MAIN-
TENANCE, DEFENSE-WIDE’’, not less than $8,000,000 shall
be made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8050. Amounts collected for the use of the facili-
ties of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to sec-
tion 1459(g) of the Department of Defense Authorization
Act, 1986, and deposited to the special account established
under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and
maintenance of the Center as provided for in subsection
1459(g)(2).
SEC. 8051. None of the funds appropriated in this Act
may be used to fill the commander’s position at any mili-
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tary medical facility with a health care professional unless
the prospective candidate can demonstrate professional ad-
ministrative skills.
SEC. 8052. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, complies
with the Buy American Act. For purposes of this subsection,
the term ‘‘Buy American Act’’ means title III of the Act
entitled ‘‘An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes’’, approved March 3, 1933
(41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ‘‘Made in America’’ inscription to any product sold in
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense.
(c) In the case of any equipment or products purchased
with appropriations provided under this Act, it is the sense
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
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ican-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
SEC. 8053. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines—
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work; or
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific
or technological promise, represents the product of
original thinking, and was submitted in confidence
by one source; or
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
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determines that the award of such contract is in the interest
of the national defense.
SEC. 8054. (a) Except as provided in subsections (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the department
who is transferred or reassigned from a headquarters
activity if the member or employee’s place of duty re-
mains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a),
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial re-
quirements of the department.
(c) This section does not apply to field operating agen-
cies funded within the National Foreign Intelligence Pro-
gram.
SEC. 8055. Funds appropriated by this Act for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year
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1999 until the enactment of the Intelligence Authorization
Act for Fiscal Year 1999.
SEC. 8056. Notwithstanding section 303 of Public Law
96–487 or any other provision of law, the Secretary of the
Navy is authorized to lease real and personal property at
Naval Air Facility, Adak, Alaska, pursuant to 10 U.S.C.
2667(f), for commercial, industrial or other purposes: Pro-
vided, That notwithstanding any other provision of law, the
Secretary of the Navy may remove hazardous materials
from facilities, buildings, and structures at Adak, Alaska,
and may demolish or otherwise dispose of such facilities,
buildings, and structures.
(RESCISSIONS)
SEC. 8057. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded as of the date of enactment of this Act from the
following accounts in the specified amounts:
‘‘Shipbuilding and Conversion, Navy, 1998/
2002’’, $25,000,000;
‘‘Other 
Procurement, 
Army, 
1998/2000’’,
$24,000,000;
‘‘Aircraft Procurement, Air Force, 1998/2000’’,
$10,800,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1997/1998’’, $10,000,000.
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SEC. 8058. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
SEC. 8059. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8060. During the current fiscal year, funds ap-
propriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a
plan submitted by a Governor of a State and approved by
the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance
of such duty, the members of the National Guard shall be
under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty
for purposes of sections 12602(a)(2) and (b)(2) of title 10,
United States Code.
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SEC. 8061. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Uni-
fied and Specified Commands and Defense Agencies shall
be available for reimbursement of pay, allowances and other
expenses which would otherwise be incurred against appro-
priations for the National Guard and Reserve when mem-
bers of the National Guard and Reserve provide intelligence
support to Unified Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and pro-
grams included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program
(JMIP) and the Tactical Intelligence and Related Activities
(TIARA) aggregate: Provided, That nothing in this section
authorizes deviation from established Reserve and National
Guard personnel and training procedures.
SEC. 8062. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 1997
level: Provided, That the Service Surgeons General may
waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and
capitation-based budgeting.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8063. None of the funds appropriated in this Act
may be transferred to or obligated from the Pentagon Res-
ervation Maintenance Revolving Fund, unless the Secretary
of Defense certifies that the total cost for the planning, de-
sign, construction and installation of equipment for the ren-
ovation of the Pentagon Reservation will not exceed
$1,118,000,000.
SEC. 8064. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any
other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8065. Appropriations available in this Act under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’ for increasing energy and water efficiency in Fed-
eral buildings may, during their period of availability, be
transferred to other appropriations or funds of the Depart-
ment of Defense for projects related to increasing energy
and water efficiency, to be merged with and to be available
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for the same general purposes, and for the same time period,
as the appropriation or fund to which transferred.
SEC. 8066. None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military
department responsible for such procurement may waive
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes.
SEC. 8067. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa: Provided, That notwithstanding any other
provision of law, funds available to the Department of De-
fense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable
basis, to the Indian Health Service when it is in conjunc-
tion with a civil-military project.
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SEC. 8068. None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for
national security purposes that is not available from
United States manufacturers.
SEC. 8069. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eligi-
ble to participate in any manufacturing extension program
financed by funds appropriated in this or any other Act.
SEC. 8070. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State which is not con-
tiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as
determined by the Secretary of Labor, shall include a provi-
sion requiring the contractor to employ, for the purpose of
performing that portion of the contract in such State that
is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft
or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense
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may waive the requirements of this section, on a case-by-
case basis, in the interest of national security.
SEC. 8071. (a) The Secretary of Defense shall submit,
on a quarterly basis, a report to the congressional defense
committees, the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate setting forth all costs (including in-
cremental costs) incurred by the Department of Defense
during the preceding quarter in implementing or support-
ing resolutions of the United Nations Security Council, in-
cluding any such resolution calling for international sanc-
tions, international peacekeeping operations, and humani-
tarian missions undertaken by the Department of Defense.
The quarterly report shall include an aggregate of all such
Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8072. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
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obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities de-
scribed in subsection (b) unless the congressional defense
committees, the Committee on International Relations of
the House of Representatives, and the Committee on For-
eign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under
the authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a)
shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
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(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces
(including the reserve components) for the type
of equipment or supplies to be transferred have
been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8073. To the extent authorized by subchapter VI
of chapter 148 of title 10, United States Code, the Secretary
of Defense shall issue loan guarantees in support of United
States defense exports not otherwise provided for: Provided,
That the total contingent liability of the United States for
guarantees issued under the authority of this section may
not exceed $15,000,000,000: Provided further, That the ex-
posure fees charged and collected by the Secretary for each
guarantee, shall be paid by the country involved and shall
not be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations,
Armed Services and Foreign Relations of the Senate and
the Committees on Appropriations, National Security and
International Relations in the House of Representatives on
the implementation of this program: Provided further, That
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amounts charged for administrative fees and deposited to
the special account provided for under section 2540c(d) of
title 10, shall be available for paying the costs of adminis-
trative expenses of the Department of Defense that are at-
tributable to the loan guarantee program under subchapter
VI of chapter 148 of title 10.
SEC. 8074. None of the funds available to the Depart-
ment of Defense shall be obligated or expended to make a
financial contribution to the United Nations for the cost
of an United Nations peacekeeping activity (whether pursu-
ant to assessment or a voluntary contribution) or for pay-
ment of any United States arrearage to the United Nations.
SEC. 8075. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the
contractor to an employee when—
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
SEC. 8076. (a) None of the funds appropriated or oth-
erwise made available in this Act may be used to transport
or provide for the transportation of chemical munitions or
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agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply
to any obsolete World War II chemical munition or agent
of the United States found in the World War II Pacific
Theater of Operations.
(c) The President may suspend the application of sub-
section (a) during a period of war in which the United
States is a party.
SEC. 8077. None of the funds provided in title II of
this Act for ‘‘Former Soviet Union Threat Reduction’’ may
be obligated or expended to finance housing for any individ-
ual who was a member of the military forces of the Soviet
Union or for any individual who is or was a member of
the military forces of the Russian Federation.
SEC. 8078. During the current fiscal year, no more
than $15,000,000 of appropriations made in this Act under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’ may be transferred to appropriations available for
the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations
to which transferred, to be used in support of such personnel
in connection with support and services for eligible organi-
zations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
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SEC. 8079. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘SHIPBUILDING AND
CONVERSION, NAVY’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘SHIPBUILD-
ING AND CONVERSION, NAVY’’ appropriations in any prior
year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
SEC. 8080. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
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(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization
Act for Fiscal Year 1991, Public Law 101–510, as
amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
priation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
(TRANSFER OF FUNDS)
SEC. 8081. Upon enactment of this Act, the Secretary
of Defense shall make the following transfers of funds: Pro-
vided, That the amounts transferred shall be available for
the same purposes as the appropriations to which trans-
ferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in
the amount specified:
From:
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Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1991/2001’’:
DDG–51 
destroyer 
program,
$1,500,000;
LHD–1 amphibious assault ship pro-
gram, $7,500,000;
LSD–41 cargo variant ship program,
$1,227,000;
LCAC landing craft, air cushioned
program, $392,000;
MHC coastal minehunter program,
$2,400,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1991/2001’’:
SSN–21 attack submarine program,
$13,019,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1994/1998’’:
LHD–1 amphibious assault ship pro-
gram, $5,729,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1994/1998’’:
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MCS(C) mine warfare command and
control ship program, $5,729,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2000’’:
SSN–21 attack submarine program,
$26,526,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1991/2001’’:
SSN–21 attack submarine program,
$16,967,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1995/2001’’:
Carrier 
replacement 
program,
$8,007,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2000’’:
Fast Patrol craft program, $345,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1997/2000’’:
AGOR 
SWATH 
oceanographic 
re-
search program, $1,207,000;
From:
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Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2000’’:
LHD–1 amphibious assault ship pro-
gram, $3,400,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1995/2001’’:
Carrier 
replacement 
program,
$3,400,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
CVN Refuelings, $14,791,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1995/2001’’:
Carrier 
replacement 
program,
$14,791,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
DDG–51(AP) 
destroyer 
program,
$9,009,000;
To:
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Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
DDG–51 
destroyer 
program,
$9,009,000.
SEC. 8082. The Under Secretary of Defense (Comptrol-
ler) shall submit to the congressional defense committees by
February 1, 1999, a detailed report identifying, by amount
and by separate budget activity, activity group, subactivity
group, line item, program element, program, project, sub-
project, and activity, any activity for which the fiscal year
2000 budget request was reduced because Congress appro-
priated funds above the President’s budget request for that
specific activity for fiscal year 1999.
SEC. 8083. Funds appropriated in title II of this Act
for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable order
is accepted by the performing activity: Provided, That for
the purpose of this section, supervision and administration
costs includes all in-house Government cost.
SEC. 8084. The Secretary of Defense may waive reim-
bursement of the cost of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-
Pacific Center for Security Studies for military officers and
civilian officials of foreign nations if the Secretary deter-
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mines that attendance by such personnel, without reim-
bursement, is in the national security interest of the United
States: Provided, That costs for which reimbursement is
waived pursuant to this subsection shall be paid from ap-
propriations available for the Asia-Pacific Center.
SEC. 8085. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may permit
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such
use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
SEC. 8086. During the current fiscal year, the amounts
which are necessary for the operation and maintenance of
the Fisher Houses administered by the Departments of the
Army, the Navy, and the Air Force are hereby appro-
priated, to be derived from amounts which are available
in the applicable Fisher House trust fund established under
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10 U.S.C. 2221 for the Fisher Houses of each such depart-
ment.
SEC. 8087. During the current fiscal year, refunds at-
tributable to the use of the Government travel card by mili-
tary personnel and civilian employees of the Department
of Defense may be credited to operation and maintenance
accounts of the Department of Defense which are current
when the refunds are received.
SEC. 8088. During the current fiscal year, not more
than a total of $60,000,000 in withdrawal credits may be
made by the Marine Corps Supply Management activity
group of the Navy Working Capital Fund, Department of
Defense Working Capital Funds, to the credit of current ap-
plicable appropriations of a Department of Defense activity
in connection with the acquisition of critical low density
repairables that are capitalized into the Navy Working
Capital Fund.
SEC. 8089. Notwithstanding 31 U.S.C. 3902, during
the current fiscal year interest penalties may be paid by
the Department of Defense from funds financing the oper-
ation of the military department or defense agency with
which the invoice or contract payment is associated.
SEC. 8090. At the time the President submits his budg-
et for fiscal year 2000, the Department of Defense shall
transmit to the congressional defense committees a budget
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justification document for the active and reserve Military
Personnel accounts, to be known as the ‘‘M–1’’, which shall
identify, at the budget activity, activity group, and sub-
activity group level, the amounts requested by the President
to be appropriated to the Department of Defense for mili-
tary personnel in any budget request, or amended budget
request, for fiscal year 2000.
SEC. 8091. During the current fiscal year, the Sec-
retary of Defense may award contracts for capital assets
having a development or acquisition cost of not less than
$100,000 of a Working Capital Fund in advance of the
availability of funds in the Working Capital Fund for
minor construction, automatic data processing equipment,
software, equipment, and other capital improvements.
SEC. 8092. None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery
to military forces for operational training, operational use
or inventory requirements: Provided, That this restriction
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National
Foreign Intelligence Program: Provided further, That the
Secretary of Defense may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
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Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
SEC. 8093. The budget of the President for fiscal year
2000 submitted to Congress pursuant to section 1105 of title
31, United States Code, and each annual budget request
thereafter, shall include budget activity groups (known as
‘‘subactivities’’) in the operation and maintenance accounts
of the military departments and other appropriation ac-
counts, as may be necessary, to separately identify all costs
incurred by the Department of Defense to support the ex-
pansion of the North Atlantic Treaty Organization. The
budget justification materials submitted to Congress in sup-
port of the budget of the Department of Defense for fiscal
year 2000, and subsequent fiscal years, shall provide com-
plete, detailed estimates for the incremental costs of such
expansion.
SEC. 8094. (a) The Secretary of Defense may, on a
case-by-case basis, waive with respect to a foreign country
each limitation on the procurement of defense items from
foreign sources provided in law if the Secretary determines
that the application of the limitation with respect to that
country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country,
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531
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of title 10, United States Code, and the country does not
discriminate against the same or similar defense items pro-
duced in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of warships, ball and roller bearings,
and clothing or textile materials as defined by section 11
(chapters 50–65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, and 9404.
SEC. 8095. Notwithstanding 31 U.S.C. 1552(a), of the
funds provided in Department of Defense Appropriations
Acts, not more than the specified amounts from the follow-
ing accounts shall remain available for the payment of sat-
ellite on-orbit incentive fees until the fees are paid:
Missile Procurement, Air Force, 1995/1997,
$20,978,000;
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Missile Procurement, Air Force, 1996/1998,
$16,782,400.
SEC. 8096. During fiscal year 1999, advance billing
for services provided or work performed by the Working
Capital Fund activities of the Department of the Air Force
in excess of $100,000,000 is prohibited.
SEC. 8097. Notwithstanding any other provision in
this Act, the total amount appropriated in title II is hereby
reduced by $150,000,000 to reflect savings resulting from
consolidations and personnel reductions as mandated in the
Defense Reform Initiative.
SEC. 8098. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $400,600,000 to reflect savings from revised
economic assumptions, to be distributed as follows:
Operation and Maintenance, Army, $24,000,000;
Operation and Maintenance, Navy, $32,000,000;
Operation and Maintenance, Marine Corps,
$4,000,000;
Operation 
and 
Maintenance, 
Air 
Force,
$31,000,000;
Operation 
and 
Maintenance, 
Defense-Wide,
$17,600,000;
Operation and Maintenance, Army Reserve,
$2,000,000;
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Operation and Maintenance, Navy Reserve,
$2,000,000;
Operation and Maintenance, Air Force Reserve,
$2,000,000;
Operation and Maintenance, Army National
Guard, $4,000,000;
Operation and Maintenance, Air National
Guard, $4,000,000;
Drug Interdiction and Counter-Drug Activities,
Defense, $2,000,000;
Environmental Restoration, Army, $1,000,000;
Environmental Restoration, Navy, $1,000,000;
Environmental 
Restoration, 
Air 
Force,
$1,000,000;
Environmental 
Restoration, 
Defense-Wide,
$1,000,000;
Defense Health Program, $36,000,000;
Aircraft Procurement, Army, $4,000,000;
Missile Procurement, Army, $4,000,000;
Procurement of Weapons and Tracked Combat
Vehicles, Army, $4,000,000;
Procurement of Ammunition, Army, $3,000,000;
Other Procurement, Army, $9,000,000;
Aircraft Procurement, Navy, $22,000,000;
Weapons Procurement, Navy, $4,000,000;
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Procurement of Ammunition, Navy and Marine
Corps, $1,000,000;
Shipbuilding 
and 
Conversion, 
Navy,
$18,000,000;
Other Procurement, Navy, $12,000,000;
Procurement, Marine Corps, $2,000,000;
Aircraft Procurement, Air Force, $23,000,000;
Missile Procurement, Air Force, $7,000,000;
Procurement 
of 
Ammunition, 
Air 
Force,
$1,000,000;
Other Procurement, Air Force, $17,500,000;
Procurement, Defense-Wide, $5,800,000;
Chemical Agents and Munitions Destruction, De-
fense, $3,000,000;
Research, Development, Test and Evaluation,
Army, $10,000,000;
Research, Development, Test and Evaluation,
Navy, $20,000,000;
Research, Development, Test and Evaluation,
Air Force, $39,000,000; and
Research, Development, Test and Evaluation,
Defense-Wide, $26,700,000:
Provided, That these reductions shall be applied proportion-
ally to each budget activity, activity group and subactivity
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group and each program, project, and activity within each
appropriation account.
SEC. 8099. Notwithstanding any other provision of
law, of the revenue collected by the Department of Defense
Working Capital Funds, such amounts as may be required
shall be made available for obligation and expenditure for
indemnification of the leasing entity or entities to accom-
plish the lease of aircraft engines for C–135-type aircraft:
Provided, That the funds made available pursuant to this
section shall remain available until expended.
SEC. 8100. (a) The Secretary of the Navy is hereby
authorized to transfer naval vessels on a sale or combined
lease-sale basis in accordance with the text of Amendment
No. 2449 intended to be proposed to the bill, S. 2057, 105th
Congress, second session, as filed in the Senate on June 4,
1998.
(b) There is hereby established in the Treasury of the
United States a special account to be known as the Defense
Vessels Transfer Program Account. There is hereby appro-
priated into that account such sums as may be necessary
for paying the costs (as defined in section 502 of the Con-
gressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 661a)) associated with the lease-sale transfers au-
thorized under section (a). Funds in that account are avail-
able only for the purpose of covering those costs.
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SEC. 8101. Amendment No. 2448 as submitted to the
Senate and reported in the Congressional Record on June
4, 1998, is hereby enacted into law.
SEC. 8102. Amendment No. 2447 as submitted to the
Senate and reported in the Congressional Record on June
4, 1998, is hereby enacted into law.
SEC. 8103. None of the funds made available by this
Act shall be used by the Army to reduce civilian personnel
workforce 
levels 
at 
United 
States 
Army, 
Pacific
(USARPAC) bases and at Major Range and Test Facility
Bases (MRTFBs) in the United States in fiscal year 1999
below levels assumed in this Act unless the Secretary of the
Army notifies the Congressional defense committees not less
than 30 days prior to implementation of any civilian per-
sonnel workforce reductions.
SEC. 8104. (a) In addition to funds provided under
title I of this Act, the following amounts are hereby appro-
priated: for ‘‘MILITARY PERSONNEL, ARMY’’, $58,000,000;
for ‘‘MILITARY PERSONNEL, NAVY’’, $43,000,000; for ‘‘MILI-
TARY
PERSONNEL, MARINE
CORPS’’, $14,000,000; for
‘‘MILITARY PERSONNEL, AIR FORCE’’, $44,000,000; for
‘‘RESERVE PERSONNEL, ARMY’’, $5,377,000; for ‘‘RESERVE
PERSONNEL, NAVY’’, $3,684,000; for ‘‘RESERVE PERSON-
NEL, MARINE CORPS’’, $1,103,000; for ‘‘RESERVE PERSON-
NEL, AIR FORCE’’, $1,000,000; for ‘‘NATIONAL GUARD PER-
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SONNEL, ARMY’’, $9,392,000; and for ‘‘NATIONAL GUARD
PERSONNEL, AIR FORCE’’, $4,112,000.
(b) Notwithstanding any other provision in this Act,
the total amount available in this Act for ‘‘QUALITY OF
LIFE ENHANCEMENTS, DEFENSE’’, real property mainte-
nance is hereby decreased by reducing the total amounts
appropriated in the following accounts: ‘‘OPERATION AND
MAINTENANCE, ARMY’’, by $58,000,000; ‘‘OPERATION AND
MAINTENANCE, NAVY’’, by $43,000,000; ‘‘OPERATION AND
MAINTENANCE, MARINE CORPS’’, by $14,000,000; and ‘‘OP-
ERATION AND MAINTENANCE, AIR FORCE’’, by $44,000,000.
(c) Notwithstanding any other provision in this Act,
the total amount appropriated under the heading ‘‘NA-
TIONAL GUARD AND RESERVE EQUIPMENT’’, is hereby re-
duced by $24,668,000.
SEC. 8105. For an additional amount for ‘‘Overseas
Contingency Operations Transfer Fund’’, $1,858,600,000:
Provided, That the Secretary of Defense may transfer these
funds only to military personnel accounts, operation and
maintenance accounts, procurement accounts, the defense
health program appropriations and working capital funds:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for
the same time period, as the appropriation to which trans-
ferred: Provided further, That the transfer authority pro-
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vided in this paragraph is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
SEC. 8106. (a) None of the funds appropriated or oth-
erwise made available under this Act may be obligated or
expended for any deployment of forces of the Armed Forces
of the United States to Yugoslavia, Albania, or Macedonia
unless and until the President, after consultation with the
Speaker of the House of Representatives, the Majority Lead-
er of the Senate, the Minority Leader of the House of Rep-
resentatives, and the Minority Leader of the Senate, trans-
mits to Congress a report on the deployment that includes
the following:
(1) The President’s certification that the presence
of those forces in each country to which the forces are
to be deployed is necessary in the national security
interests of the United States.
(2) The reasons why the deployment is in the na-
tional security interests of the United States.
(3) The number of United States military per-
sonnel to be deployed to each country.
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(4) The mission and objectives of forces to be de-
ployed.
(5) The expected schedule for accomplishing the
objectives of the deployment.
(6) The exit strategy for United States forces en-
gaged in the deployment.
(7) The costs associated with the deployment and
the funding sources for paying those costs.
(8) The anticipated effects of the deployment on
the morale, retention, and effectiveness of United
States forces.
(b) Subsection (a) does not apply to a deployment of
forces—
(1) in accordance with United Nations Security
Council Resolution 795; or
(2) under circumstances determined by the Presi-
dent to be an emergency necessitating immediate de-
ployment of the forces.
SEC. 8107. That of the amount available under Air
National Guard, Operations and Maintenance for flying
hours and related personnel support, $2,250,000 shall be
available for the Defense Systems Evaluation program for
support of test and training operations at White Sands
Missile Range, New Mexico, and Fort Bliss, Texas.
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SEC. 8108. That of the funds appropriated for Defense-
wide research, development, test and evaluation, $1,000,000
is available for Acoustic Sensor Technology Development
Planning.
SEC. 8109. (a) The Secretary of Defense shall submit
to the Committees on Appropriations of the Senate and the
House of Representatives a report on food stamp assistance
for members of the Armed Forces. The Secretary shall sub-
mit the report at the same time that the Secretary submits
to Congress, in support of the fiscal year 2000 budget, the
materials that relate to the funding provided in that budget
for the Department of Defense.
(b) The report shall include the following:
(1) The number of members of the Armed Forces
and dependents of members of the Armed Forces who
are eligible for food stamps.
(2) The number of members of the Armed Forces
and dependents of members of the Armed Forces who
received food stamps in fiscal year 1998.
(3) A proposal for using, as a means for elimi-
nating or reducing significantly the need of such per-
sonnel for food stamps, the authority under section
2828 of title 10, United States Code, to lease housing
facilities for enlisted members of the Armed Forces
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and their families when Government quarters are not
available for such personnel.
(4) A proposal for increased locality adjustments
through the basic allowance for housing and other
methods as a means for eliminating or reducing sig-
nificantly the need of such personnel for food stamps.
(5) Other potential alternative actions (including
any recommended legislation) for eliminating or re-
ducing significantly the need of such personnel for
food stamps.
(6) A discussion of the potential for each alter-
native action referred to in paragraph (3) or (4) to
result in the elimination or a significant reduction in
the need of such personnel for food stamps.
(c) Each potential alternative action included in the
report under paragraph (3) or (4) of subsection (b) shall
meet the following requirements:
(1) Apply only to persons referred to in para-
graph (1) of such subsection.
(2) Be limited in cost to the lowest amount fea-
sible to achieve the objectives.
(d) In this section:
(1) The term ‘‘fiscal year 2000 budget’’ means
the budget for fiscal year 2000 that the President sub-
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mits to Congress under section 1105(a) of title 31,
United States Code.
(2) The term ‘‘food stamps’’ means assistance
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.).
SEC. 8110. (a) The Comptroller General shall carry
out a study of issues relating to family life, morale, and
retention of members of the Armed Forces and, not later
than June 25, 1999, submit the results of the study to the
Committees on Appropriations of the Senate and the House
of Representatives. The Comptroller General may submit to
the committees an interim report on the matters described
in paragraphs (1) and (2) of subsection (c). Any such in-
terim report shall be submitted by February 12, 1999.
(b) In carrying out the study, the Comptroller General
shall consult with experts on the subjects of the study who
are independent of the Department of Defense.
(c) The study shall include the following matters:
(1) The conditions of the family lives of members
of the Armed Forces and the members’ needs regard-
ing their family lives, including a discussion of each
of the following:
(A) How leaders of the Department of De-
fense and leaders of each of the Armed Forces—
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(i) collect, organize, validate, and as-
sess information to determine those condi-
tions and needs;
(ii) determine consistency and vari-
ations among the assessments and assessed
information for each of the Armed Forces;
and
(iii) use the information and assess-
ments to address those conditions and needs.
(B) How the information on those condi-
tions and needs compares with any correspond-
ing information that is available on the condi-
tions of the family lives of civilians in the
United States and the needs of such civilians re-
garding their family lives.
(C) How the conditions of the family lives
of members of each of the Armed Forces and the
members’ needs regarding their family lives com-
pare with those of the members of each of the
other Armed Forces.
(D) How the conditions and needs of the
members compare or vary among members in re-
lation to the pay grades of the members.
(E) How the conditions and needs of the
members compare or vary among members in re-
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lation to the occupational specialties of the mem-
bers.
(F) What, if any, effects high operating
tempos of the Armed Forces have had on the
family lives of members, including effects on the
incidence of substance abuse, physical or emo-
tional abuse of family members, and divorce.
(G) The extent to which family lives of
members of the Armed Forces prevent members
from being deployed.
(2) The rates of retention of members of the
Armed Forces, including the following:
(A) The rates based on the latest informa-
tion available when the report is prepared.
(B) Projected rates for future periods for
which reasonably reliable projections can be
made.
(C) An analysis of the rates under subpara-
graphs (A) and (B) for each of the Armed Forces,
each pay grade, and each major occupational
specialty.
(3) The relationships among the quality of the
family lives of members of the Armed Forces, high op-
erating tempos of the Armed Forces, and retention of
the members in the Armed Forces, analyzed for each
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of the Armed Forces, each pay grade, and each occu-
pational specialty, including, to the extent ascertain-
able and relevant to the analysis of the relationships,
the reasons expressed by members of the Armed Forces
for separating from the Armed Forces and the reasons
expressed by the members of the Armed Forces for re-
maining in the Armed Forces.
(4) The programs and policies of the Department
of Defense (including programs and policies specifi-
cally directed at quality of life) that have tended to
improve, and those that have tended to degrade, the
morale of members of the Armed Forces and members
of their families, the retention of members of the
Armed Forces, and the perceptions of members of the
Armed Forces and members of their families regard-
ing the quality of their lives.
(d) In this section, the term ‘‘major occupational spe-
cialty’’ means the aircraft pilot specialty and each other
occupational specialty that the Comptroller General consid-
ers a major occupational specialty of the Armed Forces.
SEC. 8111. (a) Notwithstanding any other provision
of law, no funds appropriated or otherwise made available
by this Act may be used to carry out any conveyance of
land at the former Fort Sheridan, Illinois, unless such con-
veyance is consistent with a regional agreement among the
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communities and jurisdictions in the vicinity of Fort Sheri-
dan and in accordance with section 2862 of the Military
Construction Authorization Act for Fiscal Year 1996 (divi-
sion B of Public Law 104–106; 110 Stat. 573).
(b) The land referred to in subsection (a) is a parcel
of real property including any improvements thereon, lo-
cated at the former Fort Sheridan, Illinois, consisting of
approximately 14 acres, and known as the northern Army
Reserve enclave area, that is covered by the authority in
section 2862 of the Military Construction Authorization Act
for Fiscal Year 1996 and has not been conveyed pursuant
to that authority as of the date of enactment of this Act.
SEC. 8112. (a) CONVEYANCE REQUIRED.—The Sec-
retary of the Air Force shall convey, without consideration,
to the Town of Newington, New Hampshire, all right, title,
and interest of the United States in and to a parcel of real
property, together with improvements thereon, consisting of
approximately 1.3 acres located at former Pease Air Force
Base, New Hampshire, and known as the site of the old
Stone School.
(b) EXCEPTION FROM SCREENING REQUIREMENT.—
The Secretary shall make the conveyance under subsection
(a) without regard to the requirement under section 2696
of title 10, United States Code, that the property be screened
for further Federal use in accordance with the Federal
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Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.).
(c) 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 satis-
factory to the Secretary. The cost of the survey shall be borne
by the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interest
of the United States.
SEC. 8113. Of the amounts appropriated or otherwise
made available for the Department of Defense by this Act,
up to $10,000,000 may be available for the Department of
Defense share of environmental remediation and restoration
activities at Defense Logistics Agency inventory location
429 (Macalloy site) in Charleston, South Carolina.
SEC. 8114. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, DEFENSE-WIDE’’, for Materials and
Electronics Technology, $2,000,000 shall be made available
only for the Strategic Materials Manufacturing Facility
project.
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SEC. 8115. (a) Chapter 157 of title 10, United States
Code, is amended by inserting after section 2641 the follow-
ing:
‘‘§ 2641a. Transportation of American Samoa veterans
on Department of Defense aircraft for cer-
tain medical care in Hawaii
‘‘(a) TRANSPORTATION AUTHORIZED.—The Secretary
of Defense may provide transportation on Department of
Defense aircraft for the purpose of transporting any veteran
specified in subsection (b) between American Samoa and
the State of Hawaii if such transportation is required in
order to provide hospital care to such veteran as described
in that subsection.
‘‘(b) VETERANS ELIGIBLE FOR TRANSPORT.—A vet-
eran eligible for transport under subsection (a) is any vet-
eran who—
‘‘(1) resides in and is located in American
Samoa; and
‘‘(2) as determined by an official of the Depart-
ment of Veterans Affairs designated for that purpose
by the Secretary of Veterans Affairs, must be trans-
ported to the State of Hawaii in order to receive hos-
pital care to which such veteran is entitled under
chapter 17 of title 38 in facilities of such Department
in the State of Hawaii.
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‘‘(c) ADMINISTRATION.—(1) Transportation may be
provided to veterans under this section only on a space-
available basis.
‘‘(2) A charge may not be imposed on a veteran for
transportation provided to the veteran under this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘veteran’ has the meaning given
that term in section 101(2) of title 38.
‘‘(2) The term ‘hospital care’ has the meaning
given that term in section 1701(5) of title 38.’’.
(b) The table of sections at the beginning of chapter
157 of such title is amended by inserting after the item re-
lating to section 2641 the following new item:
‘‘2641a. Transportation of American Samoa veterans on Department of Defense
aircraft for certain medical care in Hawaii.’’.
SEC. 8116. Not later than December 1, 1998, the Sec-
retary of Defense shall submit to the President and the Con-
gressional Defense Committees a report regarding the poten-
tial for development of Ford Island within the Pearl Harbor
Naval Complex, Oahu, Hawaii through an integrated
resourcing plan incorporating both appropriated funds and
one or more public-private ventures. This report shall con-
sider innovative resource development measures, including
but not limited to, an enhanced-use leasing program simi-
lar to that of the Department of Veterans Affairs as well
as the sale or other disposal of land in Hawaii under the
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control of the Navy as part of an overall program for Ford
Island development. The report shall include proposed legis-
lation for carrying out the measures recommended therein.
SEC. 8117. Within the amounts appropriated under
title IV of this Act under the heading ‘‘RESEARCH, DEVEL-
OPMENT, TEST AND EVALUATION, NAVY’’, the amount avail-
able for S–3 Weapon System Improvement is hereby re-
duced by $8,000,000: Provided, That within the amounts
appropriated under title IV of this Act under the heading
‘‘RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE’’, the amount available for a cyber-security program
is hereby increased by $8,000,000: Provided further, That
the funds are made available for the cyber-security program
to conduct research and development on issues relating to
security information assurance and to facilitate the transi-
tion of information assurance technology to the defense com-
munity.
SEC. 8118. ADDITIONAL FUNDING FOR KOREAN WAR
VETERANS MEMORIAL. Section 3 of Public Law 99–572 (40
U.S.C. 1003 note) is amended by adding at the end the fol-
lowing:
‘‘(c) ADDITIONAL FUNDING.—
‘‘(1) IN
GENERAL.—In addition to amounts
made available under subsections (a) and (b), the Sec-
retary of the Army may expend, from any funds
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available to the Secretary on the date of enactment of
this paragraph, $2,000,000 for repair of the memo-
rial.
‘‘(2) DISPOSITION
OF
FUNDS
RECEIVED
FROM
CLAIMS.—Any funds received by the Secretary of the
Army as a result of any claim against a contractor
in connection with construction of the memorial shall
be deposited in the general fund of the Treasury.’’.
SEC. 8119. Of the funds available under title VI for
chemical agents and munitions destruction, Defense, for re-
search and design, $18,000,000 shall be made available for
the program manager for the Assembled Chemical Weapons
Assessment (under section 8065 of the Department of De-
fense Appropriations Act, 1997) for demonstrations of tech-
nologies under the Assembled Chemical Weapons Assess-
ment, for planning and preparation to proceed from dem-
onstration of an alternative technology immediately into
the development of a pilot-scale facility for the technology,
and for the design, construction, and operation of a pilot
facility for the technology.
SEC. 8120. (a) The Secretary of the Navy may lease
to the University of Central Florida (in this section referred
to as the ‘‘University’’), or a representative or agent of the
University designated by the University, such portion of the
property known as the Naval Air Warfare Center, Training
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Systems Division, Orlando, Florida, as the Secretary con-
siders appropriate as a location for the establishment of a
center for research in the fields of law enforcement, public
safety, civil defense, and national defense.
(b) Notwithstanding any other provision of law, the
term of the lease under subsection (a) may not exceed 50
years.
(c) As consideration for the lease under subsection (a),
the University shall—
(1) undertake and incur the cost of the planning,
design, and construction required to establish the cen-
ter referred to in that subsection; and
(2) during the term of the lease, provide the Sec-
retary such space in the center for activities of the
Navy as the Secretary and the University jointly con-
sider appropriate.
(d) The Secretary may require such additional terms
and conditions in connection with the lease authorized by
subsection (a) as the Secretary considers appropriate to
protect the interest of the United States.
SEC. 8121. Funds appropriated under O&M Navy are
available for a vessel scrapping pilot program which the
Secretary of the Navy may carry out during fiscal year
1999 and (notwithstanding the expiration of authority to
obligate funds appropriated under this heading) fiscal year
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2000, and for which the Secretary may define the program
scope as that which the Secretary determines sufficient for
gathering data on the cost of scrapping Government vessels
and for demonstrating cost effective technologies and tech-
niques to scrap such vessels in a manner that is protective
of worker safety and health and the environment.
SEC. 8122. The Department of Defense shall, in allo-
cating funds for the Next Generation Internet (NGI) initia-
tive, give full consideration to the allocation of funds to the
regional partnerships that will best leverage Department in-
vestments in the Department of Defense Major Shared Re-
source Centers and centers with supercomputers purchased
using Department of Defense RDT&E funds, including the
high performance networks associated with such centers.
SEC. 8123. From within the funds provided, with the
heading ‘‘OPERATIONS AND MAINTENANCE, ARMY’’, up to
$500,000 shall be available for paying subcontractors and
suppliers for work performed at Fort Wainwright, Alaska,
in 1994, under Army services contract number DACA85–
93–C–0065.
SEC. 8124. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, ARMY’’, for Industrial Preparedness,
$2,000,000 shall be made available only for the Electronic
Circuit Board Manufacturing Development Center.
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SEC. 8125. COMMISSION TO ASSESS THE ORGANIZA-
TION OF THE FEDERAL GOVERNMENT TO COMBAT THE
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION. The
Combatting Proliferation of Weapons of Mass Destruction
Act of 1996 (as contained in Public Law 104–293) is
amended—
(1) in section 711(b), in the text above para-
graph (1), by striking ‘‘eight’’ and inserting ‘‘twelve’’;
(2) in section 711(b)(2), by striking ‘‘one’’ and
inserting ‘‘three’’;
(3) in section 711(b)(4), by striking ‘‘one’’ and
inserting ‘‘three’’;
(4) in section 711(e), by striking ‘‘on which all
members of the Commission have been appointed’’
and inserting ‘‘on which the Department of Defense
Appropriations Act, 1999, is enacted, regardless of
whether all members of the Commission have been ap-
pointed’’; and
(5) in section 712(c), by striking ‘‘Not later than
18 months after the date of enactment of this Act,’’
and inserting ‘‘Not later than June 15, 1999,’’.
SEC. 8126. Of the funds provided under title III of
this Act under the heading ‘‘OTHER
PROCUREMENT,
ARMY’’, for Training Devices, $4,000,000 shall be made
available only for procurement of Multiple Integrated Laser
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Engagement System (MILES) equipment to support De-
partment of Defense Cope Thunder exercises.
SEC. 8127. Within the amounts appropriated under
title IV of this Act under the heading ‘‘RESEARCH, DEVEL-
OPMENT, TEST
AND EVALUATION, ARMY’’, the amount
available for Joint Tactical Radio is hereby reduced by
$10,981,000, and the amount available for Army Data Dis-
tribution System development is hereby increased by
$10,981,000.
SEC. 8128. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, ARMY’’, for Digitization, $2,000,000
shall be made available only for the Digital Intelligence Sit-
uation Mapboard (DISM).
SEC. 8129. Of the funds available for the Navy for re-
search, development, test, and evaluation under title IV,
$5,000,000 shall be available for the Shortstop Electronic
Protection System.
SEC. 8130. (a) Subsection (a)(3) of section 112 of title
32, United States Code, is amended by striking out ‘‘and
leasing of equipment’’ and inserting in lieu thereof ‘‘and
equipment, and the leasing of equipment,’’.
(b) Subsection (b)(2) of such section is amended to read
as follows:
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‘‘(2)(A) A member of the National Guard serving on
full-time National Guard duty under orders authorized
under paragraph (1) shall participate in the training re-
quired under section 502(a) of this title in addition to the
duty performed for the purpose authorized under that para-
graph. The pay, allowances, and other benefits of the mem-
ber while participating in the training shall be the same
as those to which the member is entitled while performing
duty for the purpose of carrying out drug interdiction and
counter-drug activities.
‘‘(B) Appropriations available for the Department of
Defense for drug interdiction and counter-drug activities
may be used for paying costs associated with a member’s
participation in training described in subparagraph (A).
The appropriation shall be reimbursed in full, out of appro-
priations available for paying those costs, for the amounts
paid. Appropriations available for paying those costs shall
be available for making the reimbursements.’’.
(c) Subsection (b)(3) of such section is amended to read
as follows:
‘‘(2) A unit or member of the National Guard of a
State may be used, pursuant to a State drug interdiction
and counter-drug activities plan approved by the Secretary
of Defense under this section, to provide services or other
assistance (other than air transportation) to an organiza-
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tion eligible to receive services under section 508 of this title
if—
‘‘(A) the State drug interdiction and counter-
drug activities plan specifically recognizes the organi-
zation as being eligible to receive the services or as-
sistance;
‘‘(B) in the case of services, the provision of the
services meets the requirements of paragraphs (1) and
(2) of subsection (a) of section 508 of this title; and
‘‘(C) the services or assistance is authorized
under subsection (b) or (c) of such section or in the
State drug interdiction and counter-drug activities
plan.’’.
(d) Subsection (i)(1) of such section is amended by in-
serting after ‘‘drug interdiction and counter-drug law en-
forcement activities’’ the following: ‘‘, including drug de-
mand reduction activities,’’.
SEC. 8131. Of the amounts appropriated by title IV
of this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, ARMY’’, $3,000,000 shall be avail-
able for advanced research relating to solid state dye lasers.
SEC. 8132. (a) The Secretary of the Air Force may
enter into an agreement to lease from the City of Phoenix,
Arizona, the parcel of real property described in subsection
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(b), together with improvements on the property, in consid-
eration of annual rent not in excess of one dollar.
(b) The real property referred to in subsection (a) is
a parcel, known as Auxiliary Field 3, that is located ap-
proximately 12 miles north of Luke Air Force Base, Ari-
zona, in section 4 of township 3 north, range 1 west of the
Gila and Salt River Base and Meridian, Maricopa County,
Arizona, is bounded on the north by Bell Road, on the east
by Litchfield Road, on the south by Greenway Road, and
on the west by agricultural land, and is composed of ap-
proximately 638 acres, more or less, the same property that
was formerly an Air Force training and emergency field
developed during World War II.
(c) The Secretary may require such additional terms
and conditions in connection with the lease under sub-
section (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 8133. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, ARMY’’, up to $1,300,000 may be made
available only to integrate and evaluate enhanced, active
and passive, passenger safety system for heavy tactical
trucks.
SEC. 8134. Effective on June 30, 1999, section 8106(a)
of the Department of Defense Appropriations Act, 1997 (ti-
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tles I through VIII of the matter under section 101(b) of
Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113
note), is amended—
(1) by striking out ‘‘not later than June 30,
1997,’’, and inserting in lieu thereof ‘‘not later than
June 30, 1999,’’; and
(2) by striking out ‘‘$1,000,000’’ and inserting
in lieu thereof ‘‘$500,000’’.
SEC. 8135. Of the total amount appropriated under
title IV for research, development, test and evaluation, De-
fense-wide, for basic research, $29,646,000 is available for
research and development relating to Persian Gulf illnesses.
SEC. 8136. Within the amounts appropriated under
title IV of this Act under the heading ‘‘RESEARCH, DEVEL-
OPMENT, TEST AND EVALUATION, NAVY’’, the amount avail-
able for Hard and Deeply Buried Target Defeat System is
hereby reduced by $9,827,000, and the amount available for
Consolidated Training Systems Development is hereby in-
creased by $9,827,000.
SEC. 8137. (a) Not later than six months after the date
of enactment of this Act, the Comptroller General shall sub-
mit to Congress a report containing a comprehensive assess-
ment of the TRICARE program.
(b) The assessment under subsection (a) shall include
the following:
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(1) A comparison of the health care benefits
available under the health care options of the
TRICARE program known as TRICARE Standard,
TRICARE Prime, and TRICARE Extra with the
health care benefits available under the health care
plan of the Federal Employees Health Benefits pro-
gram most similar to each such option that has the
most subscribers as of the date of enactment of this
Act, including—
(A) the types of health care services offered
by each option and plan under comparison;
(B) the ceilings, if any, imposed on the
amounts paid for covered services under each op-
tion and plan under comparison; and
(C) the timeliness of payments to physi-
cians providing services under each option and
plan under comparison.
(2) An assessment of the effect on the subscrip-
tion choices made by potential subscribers to the
TRICARE program of the Department of Defense pol-
icy to grant priority in the provision of health care
services to subscribers to a particular option.
(3) An assessment whether or not the implemen-
tation of the TRICARE program has discouraged
medicare-eligible individuals from obtaining health
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care services from military treatment facilities, in-
cluding—
(A) an estimate of the number of such indi-
viduals discouraged from obtaining health care
services from such facilities during the two-year
period ending with the commencement of the im-
plementation of the TRICARE program; and
(B) an estimate of the number of such indi-
viduals discouraged from obtaining health care
services from such facilities during the two-year
period following the commencement of the imple-
mentation of the TRICARE program.
(4) An assessment of any other matters that the
Comptroller General considers appropriate for pur-
poses of this section.
(c) In this section:
(1) The term ‘‘Federal Employees Health Bene-
fits program’’ means the health benefits program
under chapter 89 of title 5, United States Code.
(2) The term ‘‘TRICARE program’’ has the
meaning given that term in section 1072(7) of title
10, United States Code.
SEC. 8138. (a) The Secretary of the Army and the Sec-
retary of the Air Force may each enter into one or more
multiyear leases of nontactical firefighting equipment, non-
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tactical crash rescue equipment, or nontactical snow re-
moval equipment. The period of a lease entered into under
this section shall be for any period not in excess of 10 years.
Any such lease shall provide that performance under the
lease during the second and subsequent years of the contract
is contingent upon the appropriation of funds and shall
provide for a cancellation payment to be made to the lessor
if such appropriations are not made.
(b) Lease payments made under subsection (a) shall
be made from amounts provided in this or future appro-
priations Acts.
(c) This section is effective for all fiscal years begin-
ning after September 30, 1998.
SEC. 8139. Of the amounts appropriated in this Act
for the Defense Threat Reduction and Treaty Compliance
Agency and for Operations and Maintenance, National
Guard, $1,500,000 shall be available to develop training
materials and a curriculum for a Domestic Preparedness
Sustainment Training Center at Pine Bluff Arsenal, Ar-
kansas.
SEC. 8140. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, ARMY’’, up to $10,000,000 may be made
available only for the efforts associated with building and
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demonstrating a deployable mobile large aerostat system
platform.
SEC. 8141. That of the amounts available under this
heading, $150,000 shall be made available to the Bear Paw
Development Council, Montana, for the management and
conversion of the Havre Air Force Base and Training Site,
Montana, for public benefit purposes, including public
schools, housing for the homeless, and economic develop-
ment.
SEC. 8142. (a) Section 4344(b) of title 10, United
States Code, is amended—
(1) in the second sentence of paragraph (2), by
striking out ‘‘, except that the reimbursement rates
may not be less than the cost to the United States of
providing such instruction, including pay, allow-
ances, and emoluments, to a cadet appointed from the
United States’’; and
(2) by striking out paragraph (3).
(b) Section 6957(b) of such title is amended—
(1) in the second sentence of paragraph (2), by
striking out ‘‘, except that the reimbursement rates
may not be less than the cost to the United States of
providing such instruction, including pay, allow-
ances, and emoluments, to a midshipman appointed
from the United States’’; and
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(2) by striking out paragraph (3).
(c) Section 9344(b) of such title is amended—
(1) in the second sentence of paragraph (2), by
striking out ‘‘, except that the reimbursement rates
may not be less than the cost to the United States of
providing such instruction, including pay, allow-
ances, and emoluments, to a cadet appointed from the
United States’’; and
(2) by striking out paragraph (3).
SEC. 8143. Out of the funds available for the Depart-
ment of Defense under title VI of this Act for chemical
agents and munitions, Defense, or the unobligated balances
of funds available for chemical agents and munitions de-
struction, Defense, under any other Act making appropria-
tions for military functions administered by the Depart-
ment of Defense for any fiscal year, the Secretary of Defense
may use not more than $25,000,000 for the Assembled
Chemical Weapons Assessment to complete the demonstra-
tion of alternatives to baseline incineration for the destruc-
tion of chemical agents and munitions and to carry out
the pilot program under section 8065 of the Department
of Defense Appropriations Act, 1997 (section 101(b) of Pub-
lic Law 104–208; 110 Stat. 3009–101; 50 U.S.C. 1521
note). The amount specified in the preceding sentence is in
addition to any other amount that is made available under
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title VI of this Act to complete the demonstration of the al-
ternatives and to carry out the pilot program: Provided,
That none of these funds shall be taken from any ongoing
operational chemical munitions destruction programs.
SEC. 8144. (a) FINDINGS.—The Senate finds that—
(1) child experts estimate that as many as
250,000 children under the age of 18 are currently
serving in armed forces or armed groups in more
than 30 countries around the world;
(2) contemporary armed conflict has caused the
deaths of 2,000,000 minors in the last decade alone,
and has left an estimated 6,000,000 children seriously
injured or permanently disabled;
(3) children are uniquely vulnerable to military
recruitment because of their emotional and physical
immaturity, are easily manipulated, and can be
drawn into violence that they are too young to resist
or understand;
(4) children are most likely to become child sol-
diers if they are poor, separated from their families,
displaced from their homes, living in a combat zone,
or have limited access to education;
(5) orphans and refugees are particularly vulner-
able to recruitment;
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(6) one of the most egregious examples of the use
of child soldiers is the abduction of some 10,000 chil-
dren, some as young as 8 years of age, by the Lord’s
Resistance Army (in this section referred to as the
‘‘LRA’’) in northern Uganda;
(7) the Department of State’s Country Reports
on Human Rights Practices for 1997 reports that in
Uganda the LRA kills, maims, and rapes large num-
bers of civilians, and forces abducted children into
‘‘virtual slavery as guards, concubines, and soldiers’’;
(8) children abducted by the LRA are forced to
raid and loot villages, fight in the front line of battle
against the Ugandan army and the Sudan People’s
Liberation Army (SPLA), serve as sexual slaves to
rebel commanders, and participate in the killing of
other children who try to escape;
(9) former LRA child captives report witnessing
Sudanese government soldiers delivering food sup-
plies, vehicles, ammunition, and arms to LRA base
camps in government-controlled southern Sudan;
(10) children who manage to escape from LRA
captivity have little access to trauma care and reha-
bilitation programs, and many find their families
displaced, unlocatable, dead, or fearful of having their
children return home;
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(11) Graca Machel, the former United Nations
expert on the impact of armed conflict on children,
identified the immediate demobilization of all child
soldiers as an urgent priority, and recommended the
establishment through an optional protocol to the
Convention on the Rights of the Child of 18 as the
minimum age for recruitment and participation in
armed forces; and
(12) the International Committee of the Red
Cross, 
the 
United 
Nations 
Children’s 
Fund
(UNICEF), the United Nations High Commission on
Refugees, and the United Nations High Commissioner
on Human Rights, as well as many nongovernmental
organizations, also support the establishment of 18 as
the minimum age for military recruitment and par-
ticipation in armed conflict.
(b) IN GENERAL.—The Senate hereby—
(1) deplores the global use of child soldiers and
supports their immediate demobilization;
(2) condemns the abduction of Ugandan children
by the LRA;
(3) calls on the Government of Sudan to use its
influence with the LRA to secure the release of ab-
ducted children and to halt further abductions; and
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(4) encourages the United States delegation not
to block the drafting of an optional protocol to the
Convention on the Rights of the Child that would es-
tablish 18 as the minimum age for participation in
armed conflict.
(c) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the President and the Secretary of State should—
(1) support efforts to end the abduction of chil-
dren by the LRA, secure their release, and facilitate
their rehabilitation and reintegration into society;
(2) not block efforts to establish 18 as the mini-
mum age for participation in conflict through an op-
tional protocol to the Convention on the Rights of the
Child; and
(3) provide greater support to United Nations
agencies and nongovernmental organizations working
for the rehabilitation and reintegration of former
child soldiers into society.
SEC. 8145. Notwithstanding any other provision of
law, the Secretary of Defense shall obligate the funds pro-
vided for Counterterror Technical Support in the Depart-
ment of Defense Appropriations Act, 1998 (under title IV
of Public Law 105–56) for the projects and in the amounts
provided for in House Report 105–265 of the House of Rep-
resentatives, One Hundred Fifth Congress, First Session:
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Provided, That the funds available for the Pulsed Fast Neu-
tron Analysis Project should be executed through coopera-
tion with the Office of National Drug Control Policy.
SEC. 8146. Of the funds provided under title IV of this
Act under the heading ‘‘RESEARCH, DEVELOPMENT, TEST
AND EVALUATION, NAVY’’, up to $1,000,000 may be made
available only for the development and testing of alternate
turbine engines for missiles.
SEC. 8147. VOTING RIGHTS OF MILITARY PERSONNEL.
(a) GUARANTEE OF RESIDENCY.—Article VII of the Sol-
diers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. 590
et seq.) is amended by adding at the end the following:
‘‘SEC. 704. (a) For purposes of voting for an office of
the United States or of a State, a person who is absent from
a State in compliance with military or naval orders shall
not, solely by reason of that absence—
‘‘(1) be deemed to have lost a residence or domi-
cile in that State;
‘‘(2) be deemed to have acquired a residence or
domicile in any other State; or
‘‘(3) be deemed to have become resident in or a
resident of any other State.
‘‘(b) in this section, the term ‘State’ includes a terri-
tory or possession of the United States, a political subdivi-
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sion of a State, territory, or possession, and the District
of Columbia.’’.
(b) STATE RESPONSIBILITY TO GUARANTEE MILITARY
VOTING RIGHTS.—(1) REGISTRATION AND BALLOTING.—
Section 102 of the Uniformed and Overseas Absentee Voting
Act (42 U.S.C. 1973ff–1) is amended—
(A) by inserting ‘‘(a) ELECTIONS FOR FEDERAL
OFFICES.—’’ before ‘‘Each State shall—’’; and
(B) by adding at the end the following:
‘‘(b) ELECTIONS FOR STATE AND LOCAL OFFICES.—
Each State shall—
‘‘(1) permit absent uniformed services voters to
use absentee registration procedures and to vote by
absentee ballot in general, special, primary, and run-
off elections for State and local offices; and
‘‘(2) accept and process, with respect to any elec-
tion described in paragraph (1), any otherwise valid
voter registration application from an absent uni-
formed services voter if the application is received by
the appropriate State election official not less than 30
days before the election.’’.
(2) CONFORMING AMENDMENT.—The heading for title
I of such Act is amended by striking out ‘‘FOR FED-
ERAL OFFICE’’.
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SEC. 8148. From amounts made available by this Act,
up to $10,000,000 may be available to convert the Eighth
Regiment National Guard Armory into a Chicago Military
Academy: Provided, That the Academy shall provide a 4
year college prepatory curriculum combined with a manda-
tory JROTC instruction program.
SEC. 8149. (a) The Air National Guard shall, during
the period beginning on April 15, 1999, and ending on Oc-
tober 15, 1999, provide support at the Francis S. Gabreski
Airport, Hampton, New York, for seasonal search and res-
cue mission requirements of the Coast Guard in the vicinity
of Hampton, New York.
(b) The support provided under subsection (a) shall in-
clude access to and use of appropriate facilities at Francis
S. Gabreski Airport, including runways, hangars, the oper-
ations center, and aircraft berthing and maintenance
spaces.
(c)(1) The adjutant general of the National Guard of
the State of New York and the Commandant of the Coast
Guard shall enter into a memorandum of understanding
regarding the support to be provided under subsection (a).
(2) Not later than December 1, 1998, the adjutant gen-
eral and the Commandant shall jointly submit to the Com-
mittee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a copy
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of the memorandum of understanding entered into under
paragraph (1).
SEC. 8150. (a) The Secretary of Defense, in coordina-
tion with the Secretary of Health and Human Services,
may carry out a program to distribute surplus dental
equipment of the Department of Defense, at no cost to the
Department of Defense, Indian health service facilities and
to federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
(b) Not later than March 15, 1999, the Secretary of
Defense shall submit to Congress a report on the program,
including the actions taken under the program.
SEC. 8151. (a) Not later than March 15, 1999, the Sec-
retary of Defense shall submit to the Committees on Appro-
priations and on Armed Services of the Senate and the
Committees on Appropriations and on National Security
of the House of Representatives a report on the policies,
practices, and experience of the uniformed services pertain-
ing to the furnishing of dental care to dependents of mem-
bers of the uniformed services on active duty who are 18
years of age and younger.
(b) The report shall include (1) the rates of usage of
various types of dental services under the health care system
of the uniformed services by the dependents, set forth in cat-
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egories defined by the age and the gender of the dependents
and by the rank of the members of the uniformed services
who are the sponsors for those dependents, (2) an assessment
of the feasibility of providing the dependents with dental
benefits (including initial dental visits for children) that
conform with the guidelines of the American Academy of
Pediatric Dentistry regarding infant oral health care, and
(3) an evaluation of the feasibility and potential effects of
offering general anesthesia as a dental health care benefit
available under TRICARE to the dependents.
SEC. 8152. (a) Of the total amount appropriated for
the Army, the Army Reserve, and the Army National Guard
under title I, $1,700,000 may be available for taking the
actions required under this section to eliminate the backlog
of unpaid retired pay and to submit a report.
(b) The Secretary of the Army may take such actions
as are necessary to eliminate, by December 31, 1998, the
backlog of unpaid retired pay for members and former
members of the Army (including members and former mem-
bers of the Army Reserve and the Army National Guard).
(c) Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit
to Congress a report on the backlog of unpaid retired pay.
The report shall include the following:
(1) The actions taken under subsection (b).
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(2) The extent of the remaining backlog.
(3) A discussion of any additional actions that
are necessary to ensure that retired pay is paid in a
timely manner.
SEC. 8153. (a) The Secretary of Defense may take such
actions as are necessary to ensure the elimination of the
backlog of incomplete actions on requests of former members
of the Armed Forces for replacement medals and replace-
ments for other decorations that such personnel have earned
in the military service of the United States.
(b)(1) The actions taken under subsection (a) may in-
clude, except as provided in paragraph (2), allocations of
additional resources to improve relevant staffing levels at
the Army Reserve Personnel Command, the Bureau of
Naval Personnel, and the Air Force Personnel Center, allo-
cations of Department of Defense resources to the National
Archives and Records Administration, and any additional
allocations of resources that the Secretary considers nec-
essary to carry out subsection (a).
(2) An allocation of resources may be made under
paragraph (1) only if and to the extent that the allocation
does not detract from the performance of other personnel
service and personnel support activities within the Depart-
ment of Defense.
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SEC. 8154. Beginning no later than 60 days after en-
actment, effective tobacco cessation products and counseling
may be provided for members of the Armed Forces (includ-
ing retired members), former members of the Armed Forces
entitled to retired or retainer pay, and dependents of such
members and former members, who are identified as likely
to benefit from such assistance in a manner that does not
impose costs upon the individual.
SEC. 8155. (a) Of the amounts appropriated by title
II of this Act under the heading ‘‘OPERATION AND MAINTE-
NANCE, MARINE CORPS’’, $5,000,000 may be available for
procurement of lightweight maintenance enclosures (LME).
(b) Of the amounts appropriated by title III of this
Act under the heading ‘‘OTHER PROCUREMENT, ARMY’’,
$2,000,000 may be available for procurement of lightweight
maintenance enclosures (LME).
SEC. 8156. Of the funds available for Drug Interdic-
tion, up to $8,500,000 may be made available to support
restoration of enhanced counter-narcotics operations around
the island of Hispaniola, for operation and maintenance
for establishment of ground-based radar coverage at Guan-
tanamo Bay Naval Base, Cuba, for procurement of 2
Schweizer observation/spray aircraft, and for upgrades for
3 UH–IH helicopters for Colombia.
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SEC. 8157. (a) The Secretary of Defense shall study
the policies, procedures, and practices of the military de-
partments for protecting the confidentiality of communica-
tions between—
(1) a dependent of a member of the Armed
Forces who—
(A) is a victim of sexual harassment, sexual
assault, or intrafamily abuse; or
(B) has engaged in such misconduct; and
(2) a therapist, counselor, advocate, or other pro-
fessional from whom the victim seeks professional
services in connection with effects of such misconduct.
(b)(1) The Secretary of Defense shall prescribe in regu-
lations the policies and procedures that the Secretary con-
siders necessary to provide the maximum possible protec-
tions for the confidentiality of communications described in
subsection (a) relating to misconduct described in that sub-
section.
(2) The regulations shall provide the following:
(A) Complete confidentiality of the records of the
communications of dependents of members of the
Armed Forces.
(B) Characterization of the records under family
advocacy programs of the Department of Defense as
primary medical records for purposes of the protec-
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tions from disclosure that are associated with pri-
mary medical records.
(C) Facilitated transfer of records under family
advocacy programs in conjunction with changes of
duty stations of persons to whom the records relate in
order to provide for continuity in the furnishing of
professional services.
(D) Adoption of standards of confidentiality and
ethical standards that are consistent with standards
issued by relevant professional associations.
(3) In prescribing the regulations, the Secretary shall
consider the following:
(A) Any risk that the goals of advocacy and
counseling programs for helping victims recover from
adverse effects of misconduct will not be attained if
there is no assurance that the records of the commu-
nications (including records of counseling sessions)
will be kept confidential.
(B) The extent, if any, to which a victim’s safety
and privacy should be factors in determinations re-
garding—
(i) disclosure of the victim’s identity to the
public or the chain of command of a member of
the Armed Forces alleged to have engaged in the
misconduct toward the victim; or
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(ii) any other action that facilitates such a
disclosure without the consent of the victim.
(C) The eligibility for care and treatment in
medical facilities of the uniformed services for any
person having a uniformed services identification
card (including a card indicating the status of a per-
son as a dependent of a member of the uniformed
services) that is valid for that person.
(D) The appropriateness of requiring that so-
called Privacy Act statements be presented as a condi-
tion for proceeding with the furnishing of treatment
or other services by professionals referred to in sub-
section (a).
(E) The appropriateness of adopting the same
standards of confidentiality and ethical standards
that have been issued by such professional associa-
tions as the American Psychiatric Association and
the National Association of Social Workers.
(4) The regulations may not prohibit the disclosure of
information to a Federal or State agency for a law enforce-
ment or other governmental purpose.
(c) The Secretary of Defense shall consult with the At-
torney General in carrying out this section.
(d) Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to
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Congress a report on the actions taken under this section.
The report shall include a discussion of the results of the
study under subsection (a) and the comprehensive discus-
sion of the regulations prescribed under subsection (b).
SEC. 8158. (a) FINDINGS.—The Senate finds that—
(1) on the third of February a United States
Marine Corps jet aircraft, flying a low-level training
mission out of Aviano, Italy, flew below its prescribed
altitude and severed the cables supporting a gondola
at the Italian ski resort near Cavalese, resulting in
the death of twenty civilians;
(2) the crew of the aircraft, facing criminal
charges, is entitled to a speedy trial and is being pro-
vided that and all the other protections and advan-
tages of the United States system of justice;
(3) the United States, to maintain its credibility
and honor amongst its allies and all nations of the
world, should make prompt reparations for an acci-
dent clearly caused by a United States military air-
craft;
(4) a high-level delegation, including the United
States Ambassador to Italy, recently visited Cavalese
and, as a result, $20,000,000 was promised to the
people in Cavalese for their property damage and
business losses;
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(5) without our prompt action, these families
continue to suffer financial agonies, our credibility in
the European community continues to suffer, and our
own citizens remain puzzled and angered by our lack
of accountability;
(6) under the current arrangement we have with
Italy in the context of our Status of Forces Agreement
(SOFA), civil claims arising from the accident at
Cavalese must be brought against the Government of
Italy, in accordance with the laws and regulations of
Italy, as if the armed forces of Italy had been respon-
sible for the accident;
(7) under Italian law, every claimant for prop-
erty damage, personal injury or wrongful death must
file initially an administrative claim for damages
with the Ministry of Defense in Rome which is ex-
pected to take 12–18 months, and, if the Ministry’s
offer in settlement is not acceptable, which it is not
likely to be, the claimant must thereafter resort to the
Italian court system, where civil cases for wrongful
death are reported to take up to ten years to resolve;
(8) while under the SOFA process, the United
States—as the ‘‘sending state’’—will be responsible
for 75 percent of any damages awarded, and the Gov-
ernment of Italy—as the ‘‘receiving state’’—will be
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responsible for 25 percent, the United States has
agreed to pay all damages awarded in this case.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the United States should resolve the claims of the
victims of the February 8, 1998 United States Marine
Corps aircraft incident in Cavalese, Italy as quickly and
fairly as possible.
SEC. 8159. TRAINING AND OTHER PROGRAMS. (a)
PROHIBITION.—None of the funds made available by this
Act may be used to support any training program involv-
ing a unit of the security forces of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that a member of such unit has
committed a gross violation of human rights, unless all nec-
essary corrective steps have been taken.
(b) MONITORING.—Not more than 90 days after enact-
ment of this Act, the Secretary of Defense, in consultation
with the Secretary of State, shall establish procedures to en-
sure that prior to a decision to conduct any training pro-
gram referred to in subsection (a), full consideration is
given to all information available to the Department of
State relating to human rights violations by foreign secu-
rity forces.
(c) WAIVER.—The Secretary of Defense, after consulta-
tion with the Secretary of State, may waive the prohibition
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in subsection (a) if he determines that such waiver is re-
quired by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exercise
of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense commit-
tees describing the extraordinary circumstances, the purpose
and duration of the training program, the United States
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights
violations that necessitates the waiver.
SEC. 8160. (a) FINDINGS.—Congress makes the follow-
ing findings:
(1) Since 1989—
(A) the national defense budget has been cut
in half as a percentage of the gross domestic
product;
(B) the national defense budget has been cut
by over $120,000,000,000 in real terms;
(C) the United States military force struc-
ture has been reduced by more than 30 percent;
(D) the Department of Defense’s operations
and maintenance accounts have been reduced by
40 percent;
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(E) the Department of Defense’s procure-
ment funding has declined by more than 50 per-
cent;
(F) United States military operational
commitments have increased fourfold;
(G) the Army has reduced its ranks by over
630,000 soldiers and civilians, closed over 700
installations at home and overseas, and cut 10
divisions from its force structure;
(H) the Army has reduced its presence in
Europe from 215,000 to 65,000 personnel;
(I) the Army has averaged 14 deployments
ever four years, increased significantly from the
Cold War trend of one deployment ever four
years;
(J) the Air Force has downsized by nearly
40 percent, while experiencing a fourfold in-
crease in operational commitments.
(2) In 1992, 37 percent of the Navy’s fleet was
deployed at any given time. Today that number is 57
percent; at its present rate, it will climb to 62 percent
by 2005.
(3) The Navy Surface Warfare Officer commu-
nity will fall short of its needs of a 40 percent in-
crease in retention to meet requirements.
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(4) The Air Force is 18 percent short of its reten-
tion goal for second-term airmen.
(5) The Air Force is more than 800 pilots short,
and more than 70 percent eligible for retention bo-
nuses have turned them down in favor of separation.
(6) The Army faces critical personnel shortages
in combat units, forcing unit commanders to borrow
troops from other units just to participate in training
exercises.
(7) An Air Force F–16 squadron commander tes-
tified before the House National Security Committee
that his unit was forced to borrow three aircraft and
use cannibalized parts from four other F–16’s in
order to deploy to Southwest Asia.
(8) In 1997, the Army averaged 31,000 soldiers
deployed away from their home station in support of
military operations in 70 countries with the average
deployment lasting 125 days.
(9) Critical shortfalls in meeting recruiting and
retention goals is seriously affecting the ability of the
Army to train and deploy. The Army reduced its re-
cruiting goal for 1998 by 12,000 personnel.
(10) In fiscal year 1997, the Army fell short of
its recruiting goal for critical infantry soldiers by al-
most 5,000. As of February 15, 1998, Army-wide
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shortages existed for 28 Army specialties. Many posi-
tions in squads and crews are left unfilled or mini-
mally filled because personnel are diverted to work in
key positions elsewhere.
(11) The Navy reports it will fall short of en-
listed sailor recruitment for 1998 by 10,000.
(12) One in ten Air Force front-line units are
not combat ready.
(13) Ten Air Force technical specialties, rep-
resenting thousands of airmen, deployed away from
their home station for longer than the Air Force
standard 120-day mark in 1997.
(14) The Air Force fell short of its reenlistment
rate for mid-career enlisted personnel by an average
of six percent, with key war fighting career fields ex-
periencing even larger drops in reenlistments.
(15) In 1997, United States Marines in the oper-
ating forces have deployed on more than 200 exercises,
rotational deployments, or actual contingencies.
(16) United States Marine Corps maintenance
forces are only able to maintain 92 percent ground
equipment and 77 percent aviation equipment readi-
ness rates due to excessive deployments of troops and
equipment.
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(17) The National Security Strategy of the
United States assumes the ability of the United States
Armed Forces to prevail in two major regional con-
flicts nearly simultaneously.
(18) To execute the National Security of the
United States, the United States Army’s five later-de-
ploying divisions, which constitute almost half of the
Army’s active combat forces, are critical to the success
of specific war plans.
(19) According to commanders in these divisions,
the practice of under staffing squads and crews that
are responsible for training, and assigning personnel
to other units as fillers for exercises and operations,
has become common and is degrading unit capability
and readiness.
(20) In the aggregate, the Army’s later-deploying
divisions were assigned 93 percent of their authorized
personnel at the beginning of fiscal year 1998. In one
specific case, the 1st Armored Division was staffed at
94 percent in the aggregate; however, its combat sup-
port and service support specialties were filled at
below 85 percent, and captains and majors were filled
at 73 percent.
(21) At the 10th Infantry Division, only 138 of
162 infantry squads were fully or minimally filled,
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and 36 of the filled squads were unqualified. At the
1st Brigade of the 1st Infantry Division, only 56 per-
cent of the authorized infantry soldiers for its Bradley
Fighting Vehicles were assigned, and in the 2nd Bri-
gade, 21 of 48 infantry squads had no personnel as-
signed.
(22) At the 3rd Brigade of the 1st Armored Divi-
sion, only 16 of 116 M1A1 tanks had full crews and
were qualified, and in one of the Brigade’s two armor
battalions, 14 of 58 tanks had no crewmembers as-
signed because the personnel were deployed to Bosnia.
(23) At the beginning of fiscal year 1998, the five
later-deploying divisions critical to the execution of
the United States National Security Strategy were
short nearly 1,900 of the total 25,357 Non-Commis-
sioned Officers authorized, and as of February 15,
1998, this shortage had grown to almost 2,200.
(24) Rotation of units to Bosnia is having a di-
rect and negative impact on the ability of later-de-
ploying divisions to maintain the training and readi-
ness levels needed to execute their mission in a major
regional conflict. Indications of this include:
(A) The reassignment by the Commander of
the 3rd Brigade Combat Team of 63 soldiers
within the brigade to serve in infantry squads of
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a deploying unit of 800 troops, stripping non-
deploying infantry and armor units of mainte-
nance personnel, and reassigning Non-Commis-
sioned Officers and support personnel to the task
force from throughout the brigade.
(B) Cancellation of gunnery exercises for at
least two armor battalions in later-deploying di-
visions, causing 43 of 116 tank crews to lose
their qualifications on the weapon system.
(C) Hiring of outside contract personnel by
1st Armored and 1st Infantry later-deploying di-
visions to perform routine maintenance.
(25) National Guard budget shortfalls com-
promise the Guard’s readiness levels, capabilities,
force structure, and end strength, putting the Guard’s
personnel, schools, training, full-time support, reten-
tion and recruitment, and morale at risk.
(26) The President’s budget requests for the Na-
tional Guard have been insufficient, notwithstanding
the frequent calls on the Guard to handle wide-rang-
ing tasks, including deployments in Bosnia, Iraq,
Haiti, and Somalia.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
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(1) the readiness of United States military forces
to execute the National Security Strategy of the
United States is being eroded from a combination of
declining defense budgets and expanded missions;
(2) the ongoing, open-ended commitment of
United States forces to the peacekeeping mission in
Bosnia is causing assigned and supporting units to
compromise their principle wartime assignments;
(3) defense appropriations are not keeping pace
with the expanding needs of the Armed Forces.
(c) REPORT REQUIREMENT.—Not later than June 1,
1999, the President shall submit to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives, and to the Committees
on Appropriations in both Houses, a report on the military
readiness of the Armed Forces of the United States. The
President shall include in the report a detailed discussion
of the competition for resources service-by-service caused by
the ongoing commitment to the peacekeeping operation in
Bosnia, including in those units that are supporting but
not directly deployed to Bosnia. The President shall specifi-
cally include in the report the following—
(1) an assessment of current force structure and
its sufficiency to execute the National Security Strat-
egy of the United States;
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(2) an outline of the service-by-service force
structure expected to be committed to a major re-
gional contingency as envisioned in the National Se-
curity Strategy of the United States;
(3) a comparison of the force structures outlined
in paragraph (2) with the service-by-service order of
battle in Operation Desert Shield/Desert Storm, as a
representative and recent major regional conflict;
(4) the force structure and defense appropriation
increases that are necessary to execute the National
Security Strategy of the United States assuming cur-
rent projected ground force levels assigned to the
peacekeeping mission in Bosnia are unchanged;
(5) a discussion of the United States ground
force level in Bosnia that can be sustained without
impacting the ability of the Armed Forces to execute
the National Security Strategy of the United States,
assuming no increases in force structure and defense
appropriations during the period in which ground
forces are assigned to Bosnia.
SEC. 8161. SENSE OF THE SENATE REGARDING PAY-
ROLL TAX RELIEF. (a) FINDINGS.—The Senate finds the
following:
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(1) The payroll tax under the Federal Insurance
Contributions Act (FICA) is the biggest, most regres-
sive tax paid by working families.
(2) The payroll tax constitutes a 15.3 percent tax
burden on the wages and self-employment income of
each American, with 12.4 percent of the payroll tax
used to pay social security benefits to current bene-
ficiaries and 2.9 percent used to pay the medicare
benefits of current beneficiaries.
(3) The amount of wages and self-employment
income subject to the social security portion of the
payroll tax is capped at $68,400. Therefore, the lower
a family’s income, the more they pay in payroll tax
as a percentage of income. The Congressional Budget
Office has estimated that for those families who pay
payroll taxes, 80 percent pay more in payroll taxes
than in income taxes.
(4) In 1996, the median household income was
$35,492, and a family earning that amount and tak-
ing standard deductions and exemptions paid $2,719
in Federal income tax, but lost $5,430 in income to
the payroll tax.
(5) Ownership of wealth is essential for everyone
to have a shot at the American dream, but the payroll
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tax is the principal burden to savings and wealth cre-
ation for working families.
(6) Since 1983, the payroll tax has been higher
than necessary to pay current benefits.
(7) Since most of the payroll tax receipts are de-
posited in the social security trust funds, which masks
the real amount of Government borrowing, those
whom the payroll tax hits hardest, working families,
have shouldered a disproportionate share of the Fed-
eral budget deficit reduction and, therefore, a dis-
proportionate share of the creation of the Federal
budget surplus.
(8) Over the next 10 years, the Federal Govern-
ment 
will 
generate 
a 
budget 
surplus 
of
$1,550,000,000,000, and all but $32,000,000,000 of
that surplus will be generated by excess payroll taxes.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) if Congress decides to provide tax relief, re-
ducing the burden of payroll taxes should be a top
priority; and
(2) Congress and the President should work to
reduce this payroll tax burden on American families.
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TITLE IX —MONITORING OF HUMAN RIGHTS
ABUSES IN CHINA
SEC. 9001. SHORT TITLE. This title may be cited as
the ‘‘Political Freedom in China Act of 1998’’.
SEC. 9002. FINDINGS. Congress makes the following
findings:
(1) Congress concurs in the following conclusions
of the United States State Department on human
rights in the People’s Republic of China in 1996:
(A) The People’s Republic of China is ‘‘an
authoritarian state’’ in which ‘‘citizens lack the
freedom to peacefully express opposition to the
party-led political system and the right to
change their national leaders or form of govern-
ment’’.
(B) The Government of the People’s Repub-
lic of China has ‘‘continued to commit wide-
spread and well-documented human rights
abuses, in violation of internationally accepted
norms, stemming from the authorities’ intoler-
ance of dissent, fear of unrest, and the absence
of inadequacy of laws protecting basic freedoms’’.
(C) ‘‘abuses include torture and mistreat-
ment of prisoners, forced confessions, and arbi-
trary and incommunicado detention’’.
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(D) ‘‘prison conditions remained harsh and
the Government continued severe restrictions on
freedom of speech, the press, assembly, associa-
tion, religion, privacy, and worker rights’’.
(E) ‘‘although the Government denies that it
holds political prisoners, the number of persons
detained 
or 
serving 
sentences 
for
‘counterrevolutionary crimes’ or ‘crimes against
the state’, or for peaceful political or religious
activities are believed to number in the thou-
sands’’.
(F) ‘‘nonapproved religious groups, includ-
ing 
Protestant 
and 
Catholic
groups . . . experienced intensified repression’’.
(G) ‘‘serious human rights abuses persist in
minority areas, including Tibet, Xinjiang, and
Inner Mongolia, and controls on religion and on
other fundamental freedoms in these areas have
also intensified’’.
(H) ‘‘overall in 1996, the authorities
stepped up efforts to cut off expressions of protest
or criticism. All public dissent against the party
and government was effectively silenced by in-
timidation, exile, the imposition of prison terms,
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administrative detention, or house arrest. No dis-
sidents were known to be active at year’s end.’’.
(2) In addition to the State Department, credible
independent human rights organizations have docu-
mented an increase in repression in China during
1995, and effective destruction of the dissident move-
ment through the arrest and sentencing of the few re-
maining pro-democracy and human rights activists
not already in prison or exile.
(3) Among those were Li Hai, sentenced to 9
years in prison on December 18, 1996, for gathering
information on the victims of the 1989 crackdown,
which according to the court’s verdict constituted
‘‘state secrets’’; Liu Nianchun, an independent labor
organizer, sentenced to 3 years of ‘‘re-education
through labor’’ on July 4, 1996, due to his activities
in connection with a petition campaign calling for
human rights reforms; and Ngodrup Phuntsog, a Ti-
betan national, who was arrested in Tibet in 1987
immediately after he returned from a 2-year trip to
India, where the Tibetan government in exile is lo-
cated, and following a secret trial was convicted by
the Government of the People’s Republic of China of
espionage on behalf of the ‘‘Ministry of Security of the
Dalai clique’’.
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(4) Many political prisoners are suffering from
poor conditions and ill-treatment leading to serious
medical and health problems, including—
(A) Gao Yu, a journalist sentenced to 6
years in prison in November 1994 and honored
by UNESCO in May 1997, has a heart condi-
tion; and
(B) Chen Longde, a leading human rights
advocate now serving a 3-year re-education
through labor sentence imposed without trial in
August 1995, has reportedly been subject to re-
peated beatings and electric shocks at a labor
camp for refusing to confess his guilt.
(5) The People’s Republic of China, as a member
of the United Nations, is expected to abide by the pro-
visions of the Universal Declaration of Human
Rights.
(6) The People’s Republic of China is a party to
numerous international human rights conventions,
including the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punish-
ment.
SEC. 9003. CONDUCT OF FOREIGN RELATIONS. (a) RE-
LEASE OF PRISONERS.—The Secretary of State, in all offi-
cial meetings with the Government of the People’s Republic
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of China, should request the immediate and unconditional
release of Ngodrup Phuntsog and other prisoners of con-
science in Tibet, as well as in the People’s Republic of
China.
(b) ACCESS
TO PRISONS.—The Secretary of State
should seek access for international humanitarian organiza-
tions to Drapchi prison and other prisons in Tibet, as well
as in the People’s Republic of China, to ensure that pris-
oners are not being mistreated and are receiving necessary
medical treatment.
(c) DIALOGUE ON FUTURE OF TIBET.—The Secretary
of State, in all official meetings with the Government of
the People’s Republic of China, should call on that country
to begin serious discussions with the Dalai Lama or his
representatives, without preconditions, on the future of
Tibet.
SEC. 9004. AUTHORIZATION OF APPROPRIATIONS FOR
ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO MON-
ITOR HUMAN RIGHTS IN THE PEOPLE’S REPUBLIC OF
CHINA. There are authorized to be appropriated to support
personnel to monitor political repression in the People’s Re-
public of China in the United States Embassies in Beijing
and Kathmandu, as well as the American consulates in
Guangzhou, Shanghai, Shenyang, Chengdu, and Hong
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Kong, $2,200,000 for fiscal year 1999 and $2,200,000 for
fiscal year 2000.
SEC. 9005. DEMOCRACY BUILDING IN CHINA. (a) AU-
THORIZATION OF APPROPRIATIONS FOR NED.—In addition
to such sums as are otherwise authorized to be appropriated
for the ‘‘National Endowment for Democracy’’ for fiscal
years 1999 and 2000, there are authorized to be appro-
priated for the ‘‘National Endowment for Democracy’’
$4,000,000 for fiscal year 1999 and $4,000,000 for fiscal
year 2000, which shall be available to promote democracy,
civil society, and the development of the rule of law in
China.
(b) 
EAST
ASIA-PACIFIC
REGIONAL
DEMOCRACY
FUND.—The Secretary of State shall use funds available in
the East Asia-Pacific Regional Democracy Fund to provide
grants to nongovernmental organizations to promote democ-
racy, civil society, and the development of the rule of law
in China.
SEC. 9006. HUMAN RIGHTS
IN CHINA. (a) RE-
PORTS.—Not later than March 30, 1999, and each subse-
quent year thereafter, the Secretary of State shall submit
to the International Relations Committee of the House of
Representatives and the Foreign Relations Committee of the
Senate an annual report on human rights in China, includ-
ing religious persecution, the development of democratic in-
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stitutions, and the rule of law. Reports shall provide infor-
mation on each region of China.
(b) PRISONER INFORMATION REGISTRY.—The Sec-
retary of State shall establish a Prisoner Information Reg-
istry for China which shall provide information on all po-
litical prisoners, prisoners of conscience, and prisoners of
faith in China. Such information shall include the charges,
judicial processes, administrative actions, use of forced
labor, incidences of torture, length of imprisonment, phys-
ical and health conditions, and other matters related to the
incarceration of such prisoners in China. The Secretary of
State is authorized to make funds available to nongovern-
mental organizations presently engaged in monitoring ac-
tivities regarding Chinese political prisoners to assist in the
creation and maintenance of the registry.
SEC. 9007. SENSE OF CONGRESS CONCERNING ESTAB-
LISHMENT OF A COMMISSION ON SECURITY AND COOPERA-
TION IN ASIA. It is the sense of Congress that Congress, the
President, and the Secretary of State should work with the
governments of other countries to establish a Commission
on Security and Cooperation in Asia which would be mod-
eled after the Commission on Security and Cooperation in
Europe.
SEC. 9008. SENSE OF CONGRESS REGARDING DEMOC-
RACY IN HONG KONG. It is the sense of Congress that the
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people of Hong Kong should continue to have the right and
ability to freely elect their legislative representatives, and
that the procedure for the conduct of the elections of the
legislature of the Hong Kong Special Administrative Re-
gion should be determined by the people of Hong Kong
through an election law convention, a referendum, or both.
SEC. 9009. SENSE OF CONGRESS RELATING TO ORGAN
HARVESTING AND TRANSPLANTING IN THE PEOPLE’S RE-
PUBLIC OF CHINA. It is the sense of Congress that—
(1) the Government of the People’s Republic of
China should stop the practice of harvesting and
transplanting organs for profit from prisoners that it
executes;
(2) the Government of the People’s Republic of
China should be strongly condemned for such organ
harvesting and transplanting practice;
(3) the President should bar from entry into the
United States any and all officials of the Government
of the People’s Republic of China known to be directly
involved in such organ harvesting and transplanting
practice;
(4) individuals determined to be participating in
or otherwise facilitating the sale of such organs in the
United States should be prosecuted to the fullest pos-
sible extent of the law; and
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(5) the appropriate officials in the United States
should interview individuals, including doctors, who
may have knowledge of such organ harvesting and
transplanting practice.
TITLE X
HUMAN RIGHTS IN CHINA
Subtitle A—Forced Abortions in China
SEC. 10001. This subtitle may be cited as the ‘‘Forced
Abortion Condemnation Act’’.
SEC. 10002. Congress makes the following findings:
(1) Forced abortion was rightly denounced as a
crime against humanity by the Nuremberg War
Crimes Tribunal.
(2) For over 15 years there have been frequent
and credible reports of forced abortion and forced ster-
ilization in connection with the population control
policies of the People’s Republic of China. These re-
ports indicate the following:
(A) Although it is the stated position of the
politburo of the Chinese Communist Party that
forced abortion and forced sterilization have no
role in the population control program, in fact
the Communist Chinese Government encourages
both forced abortion and forced sterilization
through a combination of strictly enforced birth
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quotas and immunity for local population con-
trol officials who engage in coercion. Officials ac-
knowledge that there have been instances of
forced abortions and sterilization, and no evi-
dence has been made available to suggest that the
perpetrators have been punished.
(B) People’s Republic of China population
control officials, in cooperation with employers
and works unit officials, routinely monitor wom-
en’s menstrual cycles and subject women who
conceive without government authorization to ex-
treme psychological pressure, to harsh economic
sanctions, including unpayable fines and loss of
employment, and often to physical force.
(C) Official sanctions for giving birth to
unauthorized children include fines in amounts
several times larger than the per capita annual
incomes of residents of the People’s Republic of
China. In Fujian, for example, the average fine
is estimated to be twice a family’s gross annual
income. Families which cannot pay the fine may
be subject to confiscation and destruction of their
homes and personal property.
(D) Especially harsh punishments have
been inflicted on those whose resistance is moti-
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vated by religion. For example, according to a
1995 Amnesty International report, the Catholic
inhabitants of 2 villages in Hebei Province were
subjected to population control under the slogan
‘‘better to have more graves than one more
child’’. Enforcement measures included torture,
sexual abuse, and the detention of resisters’ rel-
atives as hostages.
(E) Forced abortions in Communist China
often have taken place in the very late stages of
pregnancy.
(F) Since 1994 forced abortion and steri-
lization have been used in Communist China not
only to regulate the number of children, but also
to eliminate those who are regarded as defective
in accordance with the official eugenic policy
known as the ‘‘Natal and Health Care Law’’.
SEC. 10003. (a) Notwithstanding any other provision
of law, the Secretary of State may not utilize any funds
appropriated or otherwise available for the Department of
State for fiscal year 1999 to issue any visa to any official
of any country (except the head of state, the head of govern-
ment, and cabinet level ministers) who the Secretary finds,
based on credible and specific information, has been directly
involved in the establishment or enforcement of population
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control policies forcing a woman to undergo an abortion
against her free choice, or forcing a man or woman to un-
dergo sterilization against his or her free choice or policies
condoning the practice of genital mutilation.
(b) Notwithstanding any other provision of law, the
Attorney General may not utilize any funds appropriated
or otherwise available for the Department of Justice for fis-
cal year 1999 to admit to the United States any national
covered by subsection (a).
(c) The President may waive the prohibition in sub-
section (a) or (b) if the President—
(1) determines that it is in the national interest
of the United States to do so; and
(2) provides written notification to Congress con-
taining a justification for the waiver.
Subtitle B—Freedom on Religion in China
SEC. 10011. (a) It is the sense of Congress that the
President should make freedom of religion one of the major
objectives of United States foreign policy with respect to
China.
(b) As part of this policy, the Department of State
should raise in every relevant bilateral and multilateral
forum the issue of individuals imprisoned, detained, con-
fined, or otherwise harassed by the Chinese Government on
religious grounds.
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(c) In its communications with the Chinese Govern-
ment, the Department of State should provide specific
names of individuals of concern and request a complete and
timely response from the Chinese Government regarding the
individuals’ whereabouts and condition, the charges against
them, and sentence imposed.
(d) The goal of these official communications should
be the expeditious release of all religious prisoners in China
and Tibet and the end of the Chinese Government’s policy
and practice of harassing and repressing religious believers.
SEC. 10012. (a) Notwithstanding any other provision
of law, the Secretary of State may not utilize any funds
appropriated or otherwise available for the Department of
State for fiscal year 1999 to issue a visa to any official
of any country (except the head of state, the head of govern-
ment, and cabinet level ministers) who the Secretary of
State finds, based on credible and specific information, has
been directly involved in the establishment or enforcement
of policies or practices designed to restrict religious freedom.
(b) Notwithstanding any other provision of law, the
Attorney General may not utilize any funds appropriated
or otherwise available for the Department of Justice for fis-
cal year 1999 to admit to the United States any national
covered by subsection (a).
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(c) The President may waive the prohibition in sub-
section (a) or (b) with respect to an individual described
in such subsection if the President—
(1) determines that it is vital to the national in-
terest to do so; and
(2) provides written notification to the appro-
priate congressional committees containing a jus-
tification for the waiver.
SEC. 10013. In this subtitle, the term ‘‘appropriate
congressional committees’’ means the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1999’’.
Attest:
Secretary.
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