Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
PL 105-261 (H.R.3616), enacted 10/17/1998

112 STAT. 1920 
PUBLIC LAW 105-261—OCT. 17, 1998 
Public Law 105-261 
105th Congress 
An Act 
To authorize appropriations for fiscal year 1999 for military activities of the 
Oct. 17,1998 
Department of Defense, for military construction, and for defense activities of 
[H.R. 3616] 
*
^
® Department of Energy, to prescribe personnel strengths for such ilscal year 
for the Armed Forces, and for other purposes. 
Strom Thurmond 
Be it enacted by the Senate and House of Representatives of 
National Defense 
fhe United States of America in Congress assembled, 
Authorization 
Act for F W 
SECTION 1. SHORT TITLE; FINDINGS. 
Year 1999. 
(a) SHORT TITLE.—This Act may be cited as the "Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999". 
(b) FINDINGS.—Congress makes the following findings: 
(1) Senator Strom Thurmond of South Carolina first became 
a member of the Committee on Armed Services of the United 
States Senate on January 19, 1959. Senator Thurmond's 
continuous service on that committee covers more than 75 
percent of the period of the existence of the committee, which 
was established immediately after World War II, and more 
than 20 percent of the period of the existence of military and 
naval anairs committees of Congress, the original bodies of 
which were formed in 1816. 
(2) Senator Thurmond came to Congress and the committee 
as a distinguished veteran of service, including combat service, 
in the Armed Forces of the United States. 
(3) Senator Thurmond was commissioned as a reserve sec-
ond lieutenant of infantry in 1924. He served with great distinc-
tion with the First Army in the European Theater of Operations 
during World War II, landing in Normandy in a glider with 
the 82nd Airborne Division on D-Day. He was transferred to 
the Pacific Theater of Operations at the end of the war in 
Europe and was serving in the Philippines when Japan surren-
dered. 
(4) Having reverted to Reserve status at the end of World 
War II, Senator Thurmond was promoted to brigadier general 
in the United States Army Reserve in 1954. He served as 
President of the Reserve Officers Association beginning that 
same year and ending in 1955. Senator Thurmond was pro-
moted to major general in the United States Army Reserve 
in 1959. He transferred to the Retired Reserve on January 
1, 1965, after 36 years of commissioned service. 
(5) The distinguished character of Senator Thurmond's mili-
tary service has been recognized by awards of numerous decora-
tions that include the Legion of Merit, the Bronze Star medal 
with "V" device, the Army Commendation Medal, the Belgian 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1921 
Cross of the Order of the Crown, and the French Croix de 
Guerre. 
(6) Senator Thurmond has served as chairman of the 
Committee on Armed Services of the United States Senate 
since 1995 and served as the ranking minority member of 
the committee from 1993 to 1995. Senator Thurmond concludes 
his service as chairman at the end of the One Hundred Fifth 
Congress, but is to continue to serve the committee as a member 
in successive Congresses. 
(7) This Act is the fortieth annual authorization bill for 
the Department of Defense for which Senator Thurmond has 
taken a major responsibility as a member of the Committee 
on Armed Services of the Senate, 
(8) Senator Thurmond, as an Army officer and a legislator, 
has made matchless contributions to the national security of 
the United States that, in duration and in quality, are unique. 
(9) It is altogether fitting and proper that this Act, the 
last annual authorization Act for the national defense that 
Senator Thurmond manages in and for the United States Sen-
ate as chairman of the Committee on Armed Services, be named 
in his honor, as provided in subsection (a). 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—^This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—^Military Construction Authorizations. 
(3) Division C—^Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; findings. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Reserve components. 
Sec. 106. Defense Inspector General. 
Sec. 107. Chemical demilitarization program. 
Sec. 108. Defense health programs. 
Sec. 109. Defense Export Loan Guarantee program. 
Subtitle B—^Army Programs 
Sec. 111. Multiyear procurement authority for Longbow Hellfire Missile program. 
Sec. 112. Conditions for award of a second-source procurement contract for the 
Family of Mediimi Tactical Vehicles. 
Sec. 113. Armored system modernization. 
Sec. 114. Reactive armor tiles. 
Sec. 115. Extension of authority to carry out Armament Retooling and Manufactxu"-
ing Support Initiative. 
Subtitle C—^Navy Programs 
Sec. 121. CVN-77 nuclear aircraft carrier program. 
112 STAT. 1922 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 122. Increase in amount authorized to be excluded from cost limitation for 
Seawolf submarine program. 
Sec. 123. Multiyear procurement authority for the Department of the Navy. 
Sec. 124. Annual GAO review of F/A-18E/F aircraft program. 
Subtitle D—^Air Force Programs 
Sec. 131. F-22 aircraft program. 
Sec. 132. C-130J aircraft program. 
Subtitle E—Other Matters 
Sec. 141. Chemical stockpile emergency preparedness program. 
Sec. 142. Alternative technologies for destruction of assembled chemical weapons. 
TITLE 
II—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. Management responsibiUty for Navy mine countermeasures programs. 
Sec. 212. Future aircraft carrier transition technologies. 
Sec. 213. Manufacturing technology program. 
Sec. 214. Sense of Confess on the Defense Science and Technology Program. 
Sec. 215. Next Greneration Internet Program. 
Sec. 216. Crusader self-propelled artillery system program. 
Sec. 217. Airborne Laser Program. 
Sec. 218. Enhanced Global Positioning System program. 
Subtitle C—Ballistic Missile Defense 
Sec. 231. Sense of Congress on National Missile Defense coverage. 
Sec. 232. Limitation on funding for the Mediiun Extended Air Defense System. 
Sec. 233. Limitation on funding for Cooperative Ballistic Missile Defense programs. 
Sec. 234. Sense of Congress with respect to Ballistic Missile Defense cooperation 
with Russia. 
Sec. 235. Ballistic Missile Defense program elements. 
Sec. 236. Restructuring of acquisition strategy for Theater High-Altitude Area 
Defense (THAAD) system. 
Subtitle D—Other Matters 
Sec. 241. Extension of authority to cairy out certain prototype projects. 
Sec. 242. NATO alliance ground surveillance concept definition. 
Sec. 243. NATO common-ftinded Civil Budget. 
Sec. 244. Executive agent for cooperative research program of the Department of 
Defense and the Department of Veterans Aimirs. 
Sec. 245. Review of pharmacological interventions for reversing brain injury. 
Sec. 246. Pilot program for revitalizing the laboratories and test and evaluation 
centers of the Department of Defense. 
Sec. 247. Chemical warfare defense. 
Sec. 248. Landmine alternatives. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital fiinds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 311. Reftirbishment of Ml-Al tanks. 
Sec. 312. Operation of propositioned fleet, National Training Center, Fort Irwin, 
California. 
Sec. 313. Berthing space at Norfolk Naval Shipyard, Virginia. 
Sec. 314. NATO common-funded military budget. 
Subtitle C—^Environmental Provisions 
Sec. 321. Settlement of claims of foreign governments for environmental cleanup of 
overseas sites formerly used by the Department of Defense. 
Sec. 322. Authority to pay negotiated settlement for environmental cleanup of 
formerly used defense sites in Canada. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1923 
Sec. 323. Removal of underground storage tanks. 
Sec. 324. Report regarding polychlorinated biphenyl waste under Department of 
Defense control overseas. 
Sec. 325. Modification of deadline for submittal to Congress of annual reports on 
environmental activities. 
Sec. 326. Submarine solid waste control. 
Sec. 327. Arctic Military Environmental Cooperation Program. 
Sec. 328. Sense of Congress regarding oil spill prevention training for personnel on 
board Navy vessels. 
Subtitle D—^Information Teclinology Issues 
Sec. 331. Additional information technology responsibilities of Chief Information 
Officers. 
Sec. 332. Defense-wide electronic mall system for supply purchases. 
Sec. 333. Priority funding to ensure year 2000 compliance of information technology 
and national security systems. 
Sec. 334. Evaluation of year 2000 compliance as part of training exercises programs. 
Sec. 335. Continuity of essential operations at risk of failure because of information 
technology and national security systems that are not year 2000 compli-
ant. 
Subtitle E—Defense Infrastructure Support Improvement 
Sec. 341. Clarification of definition of depot-level maintenance and repair. 
Sec. 342. Reporting and analysis requirements before change of commercial and 
industrial t3rpe functions to private sector performance. 
Sec. 343. Notifications of determinations of military items as being commercial 
items for purposes of the exception to requirements regarding core logis-
tics capabilities. 
Sec. 344. Oversight of development and implementation of automated identification 
technology. 
Sec. 345. Contractor-operated civil engineering supply stores program. 
Sec. 346. Conditions on expansion of functions performea under prime vendor 
contracts for depot-level maintenance and repair. 
Sec. 347. Best commercial inventory practices for management of secondary supply 
items. 
Sec. 348. Personnel reductions in Army Materiel Command. 
Sec. 349. Inventory management of in-transit items. 
Sec. 350. Review of Defense Automated Printing Service functions. 
Sec. 351. Development of plan for establishment of core logistics capabilities for 
maintenance and repair of C-17 aircraft. 
Subtitle F—Commissaries and Nonappropriated Fund Instrumentalities 
Sec. 361. Continuation of management and funding of Defense Commissary Agency 
through the Office of the Secretary of Defense. 
Sec. 362. Expansion of current eligibility of Reserves for commissary benefits. 
Sec. 363. Costs payable to the Department of Defense and other Federal agencies for 
services provided to the Defense Commissary Agency. 
Sec. 364. Collection of dishonored checks presented at commissary stores. 
Sec. 365. Restrictions on patron access to, and purchases in, overseas commissaries 
and exchange stores. 
Sec. 366. Repeal of requirement for Air Force to sell tobacco products to enlisted 
personnel. 
Sec. 367. Prohibition on consolidation or other organizational changes of Depart-
ment of Defense retail systems. 
Sec. 368. Defense Commissary Agency telecommunications. 
Sec. 369. Survey of commissary store patrons regarding satisfaction with com-
missary store merchandise. 
Subtitle G—Other Matters 
Sec. 371. Eligibility requirements for attendance at Department of Defense domestic 
dependent elementary and secondary schools. 
Sec. 372. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 373. Department of Defense readiness reporting system. 
Sec. 374. Specific emphasis of program to investigate fraud, waste, and abuse within 
Department of Defense. 
Sec. 375. Condition for providing financial assistance for support of additional duties 
assigned to the Army National Guard. 
Sec. 376. Demonstration program to improve quality of personal property shipments 
of members. 
Sec. 377. Pilot pro-am for acceptance and use of landing fees charged for use of 
domestic military airfields by civil aircraft. 
112 STAT. 1924 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 378. Strategic plan for expansion of distance learning initiatives. 
Sec. 379. Public availability of operating agreements between military installations 
and financial institutions. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength levels. 
Sec. 403. Date for submission of annual manpower requirements report. 
Sec. 404. Additional exemption from percentage limitation on number of lieutenant 
generals and vice admirals. 
Sec. 405. Extension of authority for Chairman of the Joint Chiefs of Staff to des-
ignate up to 12 general and fla^; officer positions to be excluded from 
general and ffag officer grade limitations. 
Sec. 406. Exception for Chief, National Guard Bureau, from limitation on number 
of officers above major general. 
Sec. 407. Limitation on daily average of personnel on active duty in grades E-8 and 
E-9. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Increase in number of members in certain grades authorized to serve on 
active duty in support of the reserves. 
Sec. 415. Consolidation of strength authorizations for active status Naval Reserve 
flag officers of the Navy Medical Department Staff Corps. 
Subtitle C—^Authorization of Appropriations 
Sec. 421. Authorization of appropriations for military personnel. 
TITLE V—MttlTARY PERSONNEL POUCY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Codification of eligibility of retired officers and former officers for consider-
ation by special selection boards. 
Sec. 502. Involuntary separation pay denied for officer discharged for failure of 
selection for promotion requested by the officer. 
Sec. 503. Streamlined selective retention process for regular officers. 
Sec. 504. Permanent applicability of limitations on years of active naval service of 
Navy limited duty officers in grades of commander and captain. 
Sec. 505. Tenure of Chief of the Air Force Nurse Corps. 
Sec. 506. Grade of Air Force Assistant Surgeon General for Dental Services. 
Sec. 507. Review regarding allocation of Naval Reserve Officers' Training Corps 
scholarships among participating colleges and universities. 
Subtitle B—Reserve Component Matters 
Sec. 511. Use of Reserves for emergencies involving weapons of mass destruction. 
Sec. 512. Service required for retirement of National Guard officer in higher grade. 
Sec. 513. Reduced time-in-grade requirement for reserve general and flag ofncers 
involuntarily transferred from active status. 
Sec. 514. Active status service requirement for promotion consideration for Army 
and Air Force reserve component brigadier generals. 
Sec. 515. Composition of selective early retirement boards for rear admirals of the 
Naval Reserve and mtyor generals of the Marine Corps Reserve. 
Sec. 516. Authority for temporary waiver for certain Army Reserve officers of bacca-
laureate degree requirement for promotion of reserve officers. 
Sec. 517. Furnishing ot burial flags for deceased members and former members of 
the Selected Reserve. 
Subtitle C—Military Education and Training 
Sec. 521. Separate housing for male and female recruits during recruit basic train-
ing. 
Sec. 522. After-hours privacy for recruits during basic training. 
Sec. 523. Sense of the House of Representatives relating to small unit assignments 
by gender during recruit basic training. 
Sec. 524. Extension of reporting dates for Commission on Military Training and 
Gender-Related Issues. 
Sec. 525. Improved oversight of innovative readiness training. 
Subtitle D—^Decorations, Awards, and Commendations 
Sec. 531. Study of new decorations for injury or death in line of duty. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1925 
Sec. 532. Waiver of time limitations for award of certain decorations to certain 
persons. 
Sec. 533. Commendation and commemoration of the Navy and Marine Corps person-
nel who served in the United States Navy Asiatic Fleet from 1910-1942. 
Sec. 534. Appreciation for service during World War I and World War II by mem-
bers of the Navy assigned on board merchant ships as the Naval Armed 
Guard Service. 
Sec. 535. Sense of Congress regarding the heroism, sacrifice, and service of the mili-
tary forces of South Vietnam, other nations, and indigenous groups in 
connection with the United States Armed Forces during the Vietnam 
conflict. 
Sec. 536. Sense of Congress regarding the heroism, sacrifice, and service of former 
South Vietnamese commandos in connection with United States Armed 
Forces during the Vietnam conflict. 
Sec. 537. Prohibition on members of Armed Forces entering correctional facilities to 
J
)resent decorations to persons who have committed serious violent 
felonies. 
Subtitle E—^Administration of Agencies Responsible for Review and 
Correction of Military Records 
, 
Sec. 541. Personnel freeze. 
Sec. 542. Professional staff. 
Sec. 543. Ex parte communications. 
Sec. 544. Timeliness standards. 
Sec. 545. Scope of correction of military records. 
Subtitle F—Reports 
Sec. 551. Report on personnel retention. 
Sec. 552. Report on process for selection of members for service on courts-martial. 
Sec. 553. Report on prisoners transferred from United States Disciplinary Barracks, 
Fort Leavenworth, Kansas, to Federal Bureau of Prisons. 
Sec. 554. Review and report regarding the distribution of National Guard full-time 
support among the States. 
Subtitle G—Other Matters 
Sec. 561. Two-year extension of certain force drawdown transition authorities 
relating to personnel management and benefits. 
Sec. 562. Leave wifhout pay for suspended academy cadets and midshipmen. 
Sec. 563. Continued eligibility under Voluntary Separation Incentive program for 
members who involuntarily lose membership in a reserve component. 
Sec. 564. Reinstatement of definition of financial institution in authorities for reim-
bursement of defense personnel for Government errors in direct deposit 
of pay. 
Sec. 565. Increase in maximum amount for College Fund program. 
Sec. 566. Central Identification Laboratory, Hawaii. 
Sec. 567. Military fiineral honors for veterans. 
Sec. 568. Status in the Naval Reserve of cadets at the Merchant Marine Academy. 
Sec. 569. Repeal of restriction on civilian employment of enlisted members. 
Sec. 570. Transitional compensation for abused dependent children not residing with 
the spouse or former spouse of a member convicted of dependent abuse. 
Sec. 571. Pilot program for treating GED and home school diploma recipients as 
high school graduates for determinations of eligibility for enlistment in 
the Armed Forces. 
Sec. 572. Sense of Congress concerning New Parent Support Program and military 
families. 
Sec. 573. Advancement of Benjamin O. Davis, Junior, to grade of general on the 
retired list of the Air Force. 
Sec. 574. Sense of the House of Representatives concerning adherence by civilians 
in military chain of command to the standard of exemplary conduct 
required of commanding officers and others in authority in the Armed 
Forces. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 1999. 
Sec. 602. Rate of pay for cadets and midshipmen at the service academies. 
Sec. 603. Basic allowance for housing outside the United States. 
Sec. 604. Basic allowance for subsistence for reserves. 
Subtitle B—^Bonuses and Special and Incentive Pays 
Sec. 611. Three-month extension of certain bonuses and special pay authorities for 
reserve forces. 
112 STAT. 1926 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 612. Three-month extension of certain bonuses and special pay authorities for 
nurse officer candidates, registered nurses, and nurse anesthetists. 
Sec. 613. Three-month extension of autnorities relating to payment of other bonuses 
and special pays. 
Sec. 614. Increased hazardous duty pay for aerial flight crewmembers in certain pay 
^ades. 
Sec. 615. Aviation career incentive pay and aviation officer retention bonus. 
Sec. 616. Diving duty special pay for divers having diving duty as a nonprimary 
duty. 
Sec. 617. Hardsnip duty pay. 
Sec. 618. Selective reenlistment bonus eligibility for Reserve members performing 
active Guard and Reserve duty. 
Sec. 619. Repeal of 10 percent limitation on certain selective reenlistment bonuses. 
Sec. 620. Increase in maximum amount authorized for Army enlistment bonus. 
Sec. 621. Equitable treatment of Reserves eligible for special pay for duty subject to 
hostile fire or imminent danger. 
Sec. 622. Retention incentives initiative for critically short military occupational 
specialties. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 631. Payments for movements of household goods arranged by members. 
Sec. 632. Exception to maximum weight allowance for baggage and household 
effects. 
Sec. 633. Travel and transportation allowances for travel performed by members in 
connection with rest and recuperative leave from overseas stations. 
Sec. 634. Storage of baggage of certain dependents. 
Sec. 635. Commercial ^avel of Reserves at Federal supply schedule rates for attend-
ance at inactive-duty training assemblies. 
Subtitle D—^Retired Pay, Survivor Benefits, and Related Matters 
Sec. 641. Paid-up coverage under Survivor Benefit Plan. 
Sec. 642. Survivor Benefit Plan open enrollment period. 
Sec. 643. Effective date of court-required former spouse Survivor Benefit Plan 
coverage effectuated through elections and deemed elections. 
Sec. 644. Presentation of United States flag to members of the Armed Forces upon 
retirement. 
Sec. 645. Recovery, care, and disposition of remains of medically retired member 
who dies during hospitalization that begins while on active duty. 
Sec. 646. Revision to computation of retired pay for certain members. 
Sec. 647. Elimination of backlog of unpaid retired pay. 
Subtitle E—Other Matters 
Sec. 651. Definition of possessions of the United States for pay and allowances 
purposes. 
Sec. 652. Accounting of advance payments. 
Sec. 653. Reimbursement of rental vehicle costs when motor vehicle transported at 
Government expense is late. 
Sec. 654. Education loan repayment program for health professions officers serving 
in Selected Reserve. 
Sec. 655. Federal employees' compensation coverage for students participating in 
certain officer candidate programs. 
Sec. 656. Relationship of enUstment bonuses to eligibility to receive Army college 
fund supplement under Montgomery GI Bill Educational Assistance 
Program. 
Sec. 657. Authority to provide financial assistance for education of certain defense 
dependents overseas. 
Sec. 658. Clarifications concerning payments to certain persons captured or interned 
by North Vietnam. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Services 
Sec. 701. Dependents' dental program. 
Sec. 702. Expansion of dependent eligibility under retiree dental program. 
Sec. 703. Plan for redesign of military pharmacy system. 
Sec. 704. Transitional authority to provide continued health care coverage for 
certain persons unaware of loss of CHAMPUS eligibility. 
Subtitle B—TRICARE Program 
Sec. 711. Payment of claims for provision of health care under the TRICARE 
program for which a third party may be liable. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1927 
Sec. 712. TRICARE prime automatic enrollments and retiree payment options. 
Sec. 713. System for tracking data and measuring performance 
in meeting 
TRICARE access stondards. 
Sec. 714. Establishment of appeals process for claimcheck denials. 
Sec. 715. Reviews relating to accessibility of health care under TRICARE. 
Subtitle C—Health Care Services for Medicare-Eligible Department of 
Defense Beneficiaries 
Sec. 721. Demonstration project to include certain covered beneficiaries within 
Federal Employees Health Benefits Program. 
Sec. 722. TRICARE as Supplement to Medicare demonstration. 
Sec. 723. Implementation of redesign of pharmacy system. 
Sec. 724. Comprehensive evaluation of implementation of demonstration projects 
and TRICARE pharmacy redesign. 
Subtitle D—Other Changes to Existii^ Laws Regarding Health Care 
Management 
Sec. 731. Process for waiving informed consent requirement for administration of 
certain drugs to members of Armed Forces for purposes of a particular 
military operation. 
Sec. 732. Health benefits for abused dependents of members of the Armed Forces. 
Sec. 733. Provision of health care at military entrance processing stations and else-
where outside medical treatment facilities. 
Sec. 734. Professional qualifications of physicians providing military health care. 
Subtitle E—Other Matters 
Sec. 741. Enhanced Department of Defense O^an and Tissue Donor program. 
Sec. 742. Authorization to establish a Level 1 Trauma Training Center. 
Sec. 743. Authority to establish center for study of post-deployment health concerns 
of members of the Armed Forces. 
Sec. 744. Report on implementation of enrollment-based capitation for fiinding for 
miUtary medical treatment facilities. 
Sec. 745. Joint Department of Defense and Department of Veterans Affairs reports 
relating to interdepartmental cooperation in the delivery of medical 
care. 
Sec. 746. Report on research and siuveillance activities regarding Lyme disease and 
other tick-borne diseases. 
TITLE Vin—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Amendments to General Contracting Authorities, Procedures, 
and Limitations 
Sec. 801. Limitation on use of price preference upon achievement of contract goal for 
small and disadvantaged businesses. 
Sec. 802. Distribution of assistance under the Procurement Technical Assistance 
Cooperative Agreement Program. 
Sec. 803. Defense commercial pricing management improvement 
Sec. 804. Modification of senior executives covered by limitation on allowability of 
compensation for certain contractor personnel. 
Sec. 805. Separate determinations of exceptional waivers of truth in negotiation 
requirements for prime contracts and subcontracts. 
Sec. 806. Procurement of conventional ammunition. 
Sec. 807. Para-aramid fibers and yams. 
Sec. 808. Clarification of responsibility for submission of information on prices 
previously charged for property or services offered. 
Sec. 809. Amendments and study relating to procurement from firms in industrial 
base for production of small arms. 
Subtitle B—Other Matters 
Sec. 811. EUgibility of involuntarily downgraded employee for membership in an 
acquisition corps. 
Sec. 812. Time for submission of annual report relating to Buy American Act. 
Sec. 813. Procurement of travel services for ofiicial and unofficial travel under one 
contract. 
Sec. 814. Department of Defense purchases through other agencies. 
Sec. 815. Supervision of defense acquisition university structure by Under Secretary 
of Defense for Acquisition and Technology. 
Sec. 816. Pilot programs for testing {irogram manager performance of product 
support oversight responsibilities for life cycle of acquisition programs. 
G0-194O-98-4:QL3Part3 
112 STAT. 1928 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 817. Scope of protection of certain information from disclosure. 
Sec. 818. Plan for rapid transition from completion of small business innovation 
research into defense acquisition programs. 
Sec. 819. Five-year authority for Secretary of the Navy to exchange certain items. 
Sec. 820, Permanent authority for use of major range and test facility installations 
by commercial entities. 
Sec. 821. Inventory exchange authorized for certain fuel delivery contract. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense OfRcers and Organization 
Sec. 901. Reduction in number of Assistant Secretary of Defense positions. 
Sec. 902. Repeal of statutory requirement for position of Assistant Secretary of 
Defense for Command, Control, Communications, and Intelligence. 
Sec. 903. Independent task force on transformation and Department of Defense 
organization. 
Sec. 904. Authority to expand the National Defense University. 
Sec. 905. Center for Hemispheric Defense Studies. 
Sec. 906. Restructuring of administration of Fisher Houses. 
Sec. 907. Management reform for research, development, test, and evaluation activi-
ties. 
Subtitle B—Department of Defense Financial Management 
Sec. 911. Improved accounting for defense contract services. 
Sec. 912. Report on Department of Defense financial management improvement 
plan. 
Sec. 913. Study of feasibility of performance of Department of Defense finance and 
accounting functions by private sector sources or other Federal sources. 
Sec. 914. Limitation on reorganization and consolidation of operating locations of 
the Defense Finance and Accounting Service. 
Sec. 915. Annual report on resources allocated to support and mission activities. 
Subtitle C—Joint WarHghting Experimentation 
Sec. 921. Findings concerning joint warfighting experimentation. 
Sec. 922. Sense of Congress concerning joint warfighting experimentation. 
Sec. 923. Reports on joint warfighting experimentation. 
Subtitle D—Other Matters 
Sec. 931. Further reductions in defense acquisition and support workforce. 
Sec. 932. Limitation on operation and support funds for tne Office of the Secretary 
of Defense. 
Sec. 933. Clarification and simplification of responsibilities of Inspectors General 
regarding whistleblower protections. 
Sec. 934. Repeal of requirement relating to assignment of tactical airlift mission to 
reserve components. 
Sec. 935. Consultation with Marine Corps on major decisions directly concerning 
Marine Corps aviation. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003. Authorization of prior emergency supplemental appropriations for fiscal 
year 1998. 
Sec. 1004. Authorization of appropriations for Bosnia peacekeeping operations for 
fiscal year 1999. 
Sec. 1005. Partnership for Peace Information Management System. 
Sec. 1006. United States contribution to NATO common-funded budgets in fiscal 
year 1999. 
Sec. 1007. Liquidity of working-capital funds. 
Sec. 1008. Termination of authority to manage working-capital funds and certain 
activities through the Defense Business Operations Fund. 
Sec. 1009. Clarification of authority to retain recovered costs of disposals in work-
ing-capital funds. 
Sec. 1010. Crediting of amounts recovered from third parties for loss or damage to 
personal property shipped or stored at Government expense. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1011. Revision to requirement for continued listing of two Iowa-class battle-
ships on the Naval Vessel Register. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1929 
Sec. 1012. Transfer of U.S.S. NEW JERSEY. 
Sec. 1013. Homeporting of the U.S.S. IOWA in San Francisco, California. 
Sec. 1014. Sense of Congress concerning the naming of an LPD-17 vessel. 
Sec. 1015. Reports on naval surface fire-support capabilities. 
Sec. 1016. Long-term charter of three vessels in support of submarine rescue, escort, 
and towing. 
Sec. 1017. Transfer of obsolete Army tugboat. 
Subtitle C—Counter-Drug Activities and Other Assistance for Civilian Law 
Enforcement 
Sec. 1021. Department of Defense support to other agencies for counter-drug activi-
ties. 
Sec. 1022. Department of Defense support of National Guard drug interdiction and 
counter-drug activities. 
Sec. 1023. Department of Defense counter-drug activities in transit zone. 
Subtitle D—^Miscellaneous Report Requirements and Repeals 
Sec. 1031. Repeal of unnecessary and obsolete reporting provisions. 
Sec. 1032. Report regarding use of tagging system to identify hydrocarbon fuels used 
by Department of Defense. 
Subtitle E—Armed Forces Retirement Home 
Sec. 1041. Appointment of Director and Deputy Director of the Naval Home. 
Sec. 1042. Revision of inspection requirements relating to Armed Forces Retirement 
Home. 
Sec. 1043. Clarification of land conveyance authority. Armed Forces Retirement 
Home. 
Subtitle F—^Matters Relating to Defense Property 
Sec. 1051. Plan for improved demilitarization of excess and surplus defense prop-
erty. 
Sec. 1052. Transfer of F-4 Phantom II aircraft to foundation. 
Subtitle G—Other Department of Defense Matters 
Sec. 1061. Pilot program on alternative notice of receipt of legal process for garnish-
ment of Federal pay for child support and alimony. 
Sec. 1062. Training of special operations forces with friendly foreign forces. 
Sec. 1063. Research grants competitively awarded to service academies. 
Sec. 1064. Department of Defense use of frequency spectrum. 
Sec. 1065. Department of Defense aviation accident investigations. 
Sec. 1066. Investigation of actions relating to 174th Fighter Wing of New York Air 
National Guard. 
Sec. 1067. Program to commemorate 50th anniversary of the Korean War. 
Sec. 1068. Designation of America's National Maritime Museum. 
Sec. 1069. Technical and clerical amendments. 
Subtitle H—Other Matters 
Sec. 1071. Act constituting Presidential approval of vessel war risk insurance 
requested by the Secretary of Defense. 
Sec. 1072. Extension and reauthorization of Defense Production Act of 1950. 
Sec. 1073. Requirement that burial flags furnished by the Secretary of Veterans 
Affairs be wholly produced in the United States. 
Sec. 1074. Sense of Congress concerning tax treatment of principal residence of 
members of Armed Forces while away from home on active duty. 
Sec. 1075. Clarification of State authority to tax compensation paid to certain 
employees. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 
Sec. 1101. Defense Advanced Research Projects Agency experimental personnel 
management program for technical personnel. 
Sec. 1102. Maximum pay rate comparability tor faculty members of the United 
States Air Force Institute of Technology. 
Sec. 1103. Authority for release to Coast Guard m drug test results ot civil service 
mariners of the Military Sealift Command. 
Sec. 1104. Limitations on back pay awards. 
Sec. 1105. Restoration of annual leave accumulated by civilian employees at instel-
lations in the Republic of Panama to be closed pursuant to the Panama 
Canal Treaty of 1977. 
Sec. 1106. Repeal of program providing preference for employment of military 
spouses in military cnild care faciUties. 
112 STAT. 1930 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 1107. Observance of certain holidays at duty posts outside the United States. 
Sec. 1108. Continuation of random drug testing program for certain Department of 
Defense employees. 
Sec. 1109. Department of Defense employee voluntary early retirement authority. 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
Subtitle A—United States Armed Forces in Bosnia and Herzegovina 
Sec. 1201. Findings. 
Sec. 1202. Sense of Congress. 
Sec. 1203. Presidential reports. 
Sec. 1204. Secretary of Defense reports on operations in Bosnia and Herzegovina. 
Sec. 1205. Definitions. 
Subtitle B—^Matters Relating to Contingency Operations 
Sec. 1211. Report on involvement of Armed Forces in contingency and ongoing oper-
ations. 
Sec. 1212. Submission of report on objectives of a contingency operation with 
requests for funding for the operation. 
Subtitle C—Matters Relating to NATO and Europe 
Sec. 1221. Limitation on United States share of costs of NATO expansion. 
Sec. 1222. Report on military capabilities of an expanded NATO alliance. 
Sec. 1223. Reports on the development of the European security and defense 
identity. 
Subtitle D—Other Matters 
Sec. 1231. Limitation on assignment of United States forces for certain United 
Nations purposes. 
Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto Protocol to the 
United Nations Framework Convention on Climate Change. 
Sec. 1233. Defense burdensharing. 
Sec. 1234, Transfer of excess UH-1 Huey and AH-1 Cobra helicopters to foreign 
countries. 
Sec. 1235. Transfers of naval vessels to certain foreign countries. 
Sec. 1236. Repeal of landmine moratoriiun. 
Sec. 1237. Application of authorities under the International Emergency Economic 
Powers Act to Communist Chinese military companies. 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction Programs and fiinds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition on use of funds for specified purposes. 
Sec. 1304. Limitation on use of funds for cnemical weapons destruction activities in 
Russia. 
Sec. 1305. Limitation on use of funds for biological weapons proliferation prevention 
activities in Russia. 
Sec. 1306. Cooperative counter proliferation program. 
Sec. 1307. Requirement to submit summary of amounts requested by project 
category. 
Sec. 1308. Report on biological weapons programs in Russia. 
Sec. 1309. Report on individuals with expertise in former Soviet weapons of mass 
destruction programs. 
TITLE XIV—DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST 
WEAPONS OF MASS DESTRUCTION 
Sec. 1401. Short title. 
Sec. 1402. Domestic preparedness for response to threats of terrorist use of weapons 
of mass aestruction. 
Sec. 1403. Report on domestic emergency preparedness. 
Sec. 1404. Threat and risk assessments. 
Sec. 1405. Advisory panel to assess domestic response capabilities for terrorism 
involving weapons of mass destruction. 
TITLE XV—MATTERS RELATING TO ARMS CONTROL, EXPORT 
CONTROLS, AND COUNTERPROLIFERATION 
Subtitle A—^Arms Control Matters 
Sec. 1501. One-year extension of limitation on retirement or dismantlement of 
strategic nuclear delivery systems. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1931 
Sec. 1502. Transmission of executive branch reports providing Congress with classi-
fied summaries of arms control developments. 
Sec. 1503. Report on adequacy of emergency communications capabilities between 
United States and Russia. 
Sec. 1504. Russian nonstrategic nuclear weapons. 
Subtitle B—Satellite Export Controls 
Sec. 1511. Sense of Congress. 
Sec. 1512. Certification of exports of missile equipment or technology to China. 
Sec. 1513. Satellite controls under the United States Munitions List. 
Sec. 1514. National secxuity controls on satellite export licensing. 
Sec. 1515. Report on export of satellites for launch by People's Republic of China. 
Sec. 1516. Related items defined. 
Subtitle C—Other Export Control Matters 
Sec. 1521. Authority for export control activities of the Department of Defense. 
Sec. 1522. Release of export information by Department of Commerce to other 
agencies for purpose of national security assessment. 
Sec. 1523. Nuclear export reporting requirement. 
Sec. 1524. Execution of objection authority within the Department of Defense. 
Subtitle D—Counterproliferation Matters 
Sec. 1531. One-year extension of counterproliferation authorities for support of 
United Nations Special Commission on Iraq. 
Sec. 1532. Sense of Congress on nuclear tests in South Asia. 
Sec. 1533. Report on requirements for response to increased missile threat in Asia-
Pacific region. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out fiscal year 1998 projects. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Authorization to accept road construction project. Marine Corps Base, 
Camp Lejeune, North Carolina. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations. Defense Agencies. 
Sec. 2405. Repeal of fiscal year 1997 authorization of appropriations for certain 
military housing improvement program. 
Sec. 2406. Modification of authority to carry out certain fiscal year 1995 projects. 
Sec. 2407. Modification of authority to carry out fiscal year 1990 project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
112 STAT. 1932 
PUBLIC LAW 105-261—OCT. 17, 1998 
TITLE XXVI—GUARD AND RESERVE FORCES FACIUTIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. 
Sec. 2602. Modification of authority to carry out fiscal year 1998 project. 
TITLE X3CVII—E5a»IRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects. 
Sec. 2703. Extension of authorization of fiscal year 1995 project. 
Sec. 2704. Effective date. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Clianges 
Sec. 2801. Architectural and engineering services and construction design. 
Sec. 2802. Expansion of Army overseas family housing lease authority. 
Sec. 2803. Definition of ancillary supporting facilities under alternative authority for 
acquisition and improvement of military housing. 
Sec. 2804. Purchase of build-to-lease family housing at Eielson Air Force Base, 
Alaska. 
Sec. 2805. Report relating to improvement of housing for unaccompanied members. 
Subtitle B—^Real Property and Facilities Administration 
Sec. 2811. Exceptions to real property transaction reporting requirements for war 
ana certain emergency and other operations. 
Sec. 2812. Restoration of Department of Defense lands used by another Federal 
agency. 
Sec. 2813. Outdoor recreation development on military installations for disabled 
veterans, military dependents with disabilities, and other persons with 
disabilities. 
Sec. 2814. Report on leasing and other alternative uses of nonexcess military prop-
erty. 
Sec. 2815. Report on implementation of utility system conveyance authority. 
Subtitle C—^Defense Base Closure and Realignment 
Sec. 2821. Applicability of property disposal laws to leases at installations to be 
closed or realigned under base closure laws. 
Sec. 2822. Elimination of waiver authority regarding prohibition against certain 
conveyances of property at Naval Station, Long Beach, CaUfomia. 
Sec. 2823. Payment of stipulated penalties assessed under CERCLA in connection 
with McClellan Air Force Base, California. 
Subtitle D—^Land Conveyances 
PART I—ARMY CONVEYANCES 
Sec. 2831. Modification of land conveyance, Army Reserve Center, Youngstown, 
Ohio. 
Sec. 2832. Release of interests in real property, former Kennebec Arsenal, Augusta, 
Maine. 
Sec. 2833. Release, waiver, or conveyance of interests in real property, former 
Redstone Army Arsenal property, Alabama. 
Sec. 2834. Conveyance of utility systems, Lone Star Anny Ammimition Plant, Texas. 
Sec. 2835. Conveyance of water rights and related interests. Rocky Mountain Arse-
nal, Colorado, for purposes of acquisition of perpetual contracts for 
water. 
Sec. 2836. Land conveyance. Army Reserve Center, Massena, New York. 
Sec. 2837. Land conveyance. Army Reserve Center, Ogdensburg, New York. 
Sec. 2838. Land conveyance. Army Reserve Center, Jamestown, Ohio. 
Sec. 2839. Land conveyance. Army Reserve Center, Peoria, Illinois. 
Sec. 2840. Land conveyance, Army Reserve Center, Bridgton, Maine. 
Sec. 2841. Land conveyance, Port Sheridan, Illinois. 
Sec. 2842. Land conveyance, Skaneateles, New York. 
Sec. 2843. Land conveyance, Indiana Army Ammunition Plant, Charlestown, 
Indiana. 
Sec. 2844. Land conveyance, Volunteer Army Ammunition Plant, Chattanooga, 
Tennessee. 
Sec. 2845. Land conveyance, Stewart Amy Sub-Post, New Windsor, New York. 
PART II—NAVY CONVEYANCES 
Sec. 2851. Conv^ance of easement. 
Marine Corps Base, Camp Pendleton, 
Caliromia. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1933 
Sec. 2852. Land exchange, Naval Reserve Readiness Center, Portland, Maine. 
Sec. 2853. Land conveyance. Naval and Marine Corps Reserve facility, Youngstown, 
Ohio. 
Sec. 2854. Land conveyance. Naval Air Reserve Center, Minneapolis, Minnesota. 
PART III—^Am FORCE CONVEYANCES 
Sec. 2861. Modification of land conveyance, Eglin Air Force Base, Florida. 
Sec. 2862. Modification of land conveyance, Finley Air Force Station, North Dakota. 
Sec. 2863. Land conveyance. Lake Charles Air Force Station, Louisiana. 
Sec. 2864. Land conveyance, Air Force Housing Facility, La Junta, Colorado. 
Subtitle E—Other Matters 
Sec. 2871. Modification of authority relating to Department of Defense Laboratory 
Revitalization Demonstration Program. 
Sec. 2872. Repeal of prohibition on joint use of Gray Army Airfield, Fort Hood, 
Texas, with civil aviation. 
Sec. 2873. Modification of demonstration project for purchase of fire, security, police, 
public works, and utility services from local govenmient agencies. 
Sec. 2874. Designation of building containing Navy and Marine Corps Reserve 
Center, Augusta, Georgia. 
TITLE XXIX—JUNIPER BUTTE RANGE WITHDRAWAL 
Sec. 2901. Short title. 
Sec. 2902. Withdrawal and reservation. 
Sec. 2903. Map and legal description. 
Sec. 2904. Agency agreement. 
Sec. 2905. Right-of-way grants. 
Sec. 2906. Indian sacred sites. 
Sec. 2907. Actions concerning ranching operations in withdrawn area. 
Sec. 2908. Management of withdrawn and reserved lands. 
Sec. 2909. Integrated natural resource management plan. 
Sec. 2910. Memorandum of understanding. 
Sec. 2911. Maintenance of roads. 
Sec. 2912. Management of withdrawn and acquired mineral resources. 
Sec. 2913. Hunting, fishing, and trapping. 
Sec. 2914. Water nghts. 
Sec. 2915. Duration of withdrawal. 
Sec. 2916. Environmental remediation of relinquished withdrawn lands or upon 
termination of withdrawal. 
Sec. 2917. Delegation of authority. 
Sec. 2918. HoWharmless. 
Sec. 2919. Authorization of appropriations. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL 
SECURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURTIY 
PROGRAMS 
Subtitle A—^National Security Programs Authorizations 
Sec. 3101. Weapons activities. 
Sec. 3102. Defense environmental restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Defense environmental management privatization. 
Subtitle B—^Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, ana construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. AvailaWlity of funds. 
Sec. 3129. Transfers of defense environmental management funds. 
Subtitle C—Program Authorizations, Restrictions, and Limitations 
Sec. 3131. Permanent extension of funding prohibition relating to international 
cooperative stockpile stewardship. 
112 STAT. 1934 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 3132. Support of ballistic missile defense activities of the Department of 
Defense. 
Sec. 3133. Nonproliferation activities. 
Sec. 3134. Licensing of certain mixed oxide fuel fabrication and irradiation facilities. 
Sec. 3135. Continuation of processing, treatment, and disposition of legacy nuclear 
materials. 
Sec. 3136. Authority for Department of Energy federally funded research and devel-
opment centers to participate in merit-based technology research and 
development programs. 
Sec. 3137. Activities of Department of Energy facilities. 
Sec. 3138. Hanford overhead and service center costs. 
Sec. 3139. Hanford waste tank cleanup program reforms. 
Sec. 3140. Hanford Health Information Network. 
Sec. 3141. Hazardous materials management and emergency response training 
program. 
Sec. 3142. Support for public education in the vicinity of Los Alamos National 
Laboratory, New Mexico. 
Sec. 3143. Relocation of National Atomic Museum, Albuquerque, New Mexico. 
Sec. 3144. Tritium production. 
Subtitle D—Other Matters 
Sec. 3151. Study and plan relating to worker and community transition assistance. 
Sec. 3152. Extension of authority for appointment of certain scientific, engineering, 
and technical personnel. 
Sec. 3153. Requirement for plan to modify employment system used by Department 
of Energy in defense environmental management programs. 
Sec. 3154. Department of Energy nuclear materials couriers. 
Sec. 3155. Increase in maximum rate of pay for scientific, engineering, and technical 
personnel responsible for safety at defense nuclear facilities. 
Sec. 3156. Extension of authority of Department of Energy to pay voluntary separa-
tion incentive payments. 
Sec. 3157. Repeal of fiscal year 1998 statement of policy on stockpile stewardship 
program. 
Sec. 3158. Report on stockpile stewardship criteria. 
Sec. 3159. Panel to assess the reliability, safety, and security of the United States 
nuclear stockpile. 
Sec. 3160. International cooperative information exchange. 
Sec. 3161. Protection against inadvertent release of restricted data and formerly 
restricted data. 
Sec. 3162. Sense of Congress regarding treatment of Formerly Utilized Sites Reme-
dial Action Program under a nondefense discretionary budget function. 
Sec. 3163. Reports relating to tritium production. 
TITLE XXXII—DEFENSE NUCLEAR FACIUTIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Definitions. 
Sec. 3302. Authorized uses of stockpile funds. 
Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile. 
Sec. 3304. Use of stockpile funds for certain environmental remediation, restoration, 
waste management, and compliance activities. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Definitions. 
Sec. 3402. Authorization of appropriations. 
Sec. 3403. Disposal of Naval Petroleum Reserve Numbered 2. 
Sec. 3404. Disposal of Naval Petroleum Reserve Numbered 3. 
Sec. 3405. Disposal of Oil Shale Reserve Numbered 2. 
Sec. 3406. Administration. 
TITLE XXXV—PANAMA CANAL COMMISSION 
Sec. 3501. Short title; references to Panama Canal Act of 1979. 
Sec. 3502. Authorization of expenditures. 
Sec. 3503. Piu"chase of vehicles. 
Sec. 3504. Expenditures only in accordance with treaties. 
Sec. 3505. Donations to the Commission. 
Sec. 3506. Agreements for United States to provide post-transfer administrative 
services for certain employee benefits. 
Sec. 3507. Sunset of United States overseas benefits just before transfer. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1935 
Sec. 3508. Central examining oflice. 
Sec. 3509. Liability for vessel accidents. 
Sec. 3510. Panama Canal Board of Contract Appeals. 
Sec. 3511. Restatement of requirement that Secretary of Defense designee on 
Panama Canal Commission supervisory board be a current officer of the 
Department of Defense. 
Sec. 3512. Tecnnical amendments. 
TITLE XX3CVI—MARITIME ADMINISTRATION 
Sec. 3601. Authorization of appropriations for fiscal year 1999. 
Sec. 3602. Authority to convey National Defense Reserve Fleet vessel. 
Sec. 3603. Authority to convey certain National Defense Reserve Fleet vessels. 
Sec. 3604. Clearinghouse for maritime information. 
Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY. 
TITLE XXXVII—INCREASED MONITORING OF PRODUCTS MADE WITH 
FORCED LABOR 
Sec. 3701. Authorization for additional customs personnel to monitor the importa-
tion of products made with forced labor. 
Sec. 3702. Reporting requirement on forced labor products destined for the United 
States market. 
Sec. 3703. Renegotiating memoranda of understanding on forced labor. 
TITLE XXXVni—FAIR TRADE IN AUTOMOTIVE PARTS 
Sec. 3801. Short title. 
Sec. 3802. Definitions. 
Sec. 3803. Re-establishment of initiative on automotive parts sales to Japan. 
Sec. 3804. Establishment of Special Advisory Committee on automotive parts sales 
in Japanese and other Asian markets. 
Sec. 3805. Expiration date. 
TITLE XXXK—RADIO FREE ASIA 
Sec. 3901. Short title. 
Sec. 3902. Authorization of appropriations for increased fiinding for Radio Free Asia 
and Voice of America broadcasting to China. 
Sec. 3903. Reporting requirement. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 
For purposes of this Act, the term "congressional defense 
committees" means— 
(1) the Committee on Armed Services and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on National Security and the Committee 
on Appropriations of the House of Representatives. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Reserve components. 
Sec. 106. Defense Inspector General. 
Sec. 107. Chemical demilitarization program. 
Sec. 108. Defense health programs. 
Sec. 109. Defense Export Loan Guarantee program. 
Subtitle B—^Army Programs 
Sec. 111. Multiyear procurement authority for Longbow Hellfire Missile program. 
Sec. 112. Conditions for award of a second-source procurement contract for the 
Family of Medium Tactical Vehicles. 
112 STAT. 1936 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 113. Armored system modernization. 
Sec. 114. Reactive armor tiles. 
Sec. 115. Extension of authority to carry out Armament Retooling and Manufactur-
ing Support Initiative. 
Subtitle C—Navy Programs 
Sec. 121. CVN-77 nuclear aircraft carrier program. 
Sec. 122. Increase in amount authorized to oe excluded from cost limitation for 
Seawolf submarine program. 
Sec. 123. Multiyear procurement authority for the Department of the Navy. 
Sec. 124. Annual GAO review of F/A-18E7F aircraft program. 
Subtitle D—^Air Force Programs 
Sec. 131. F-22 aircraft program. 
Sec. 132. C-130J aircraft program. 
Subtitle E—Other Matters 
Sec. 141. Chemical stockpile emergency preparedness program. 
Sec. 142. Alternative technologies Tor destruction of assembled chemical weapons. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for procurement for the Army as follows: 
(1) For aircraft, $1,396,047,000. 
(2) For missiles, $1,228,229,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$1,507,551,000. 
(4) For ammunition, $1,016,255,000. 
(5) For other procurement, $3,344,932,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 1999 for procurement for the Navy as follows: 
(1) For aircraft, $7,642,200,000. 
(2) For weapons, including missiles and 
torpedoes, 
$1 223 903 000 
(3) For shipbuilding and conversion, $6,033,480,000. 
(4) For other procurement, $4,042,975,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 1999 for procurement for the Marine Corps 
in the amount of $881,896,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for procurement of ammunition for 
the Navy and the Marine Corps in the amount of $463,339,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for procurement for the Air Force as follows: 
(1) For aircraft, $8,350,617,000. 
(2) For missiles, $2,210,640,000. 
(3) For ammunition, $383,161,000. 
(4) For other procurement, $6,950,372,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$1,954,828,000. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1937 
SEC. 105. RESERVE COMPONENTS. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for procurement of aircraft, vehicles, communications equip-
ment, and other equipment for the reserve components of the Araied 
Forces as follows: 
(1) For the Army National Guard, $10,000,000. 
(2) For the Air National Guard, $10,000,000. 
(3) For the Army Reserve, $10,000,000. 
(4) For the Naval Reserve, $10,000,000. 
(5) For the Air Force Reserve, $10,000,000. 
(6) For the Marine Corps Reserve, $10,000,000. 
SEC. 106. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for procurement for the Inspector General of the Department 
of Defense in the amount of $1,300,000. 
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM. 
There is hereby authorized to be appropriated for fiscal year 
1999 the amount of $803,000,000 for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 108. DEFENSE HEALTH PROGRAMS. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for the Department of Defense for procurement for carrying 
out health care programs, projects, and activities of the Department 
of Defense in the total amount of $402,387,000. 
SEC. 
1
0
9
. 
DEFENSE 
EXPORT 
LOAN 
GUARANTEE 
PROGRAM. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for the Department of Defense for carrying out the Defense 
Export Loan Guarantee Program under section 2540 of title 10, 
United States Code, in the total amount of $1,250,000. 
Subtitle B—^Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR LONGBOW 
HELLFIRE MISSILE PROGRAM. 
Beginning with the fiscal year 1999 program year, the Secretary 
of the Army may, in accordance with section 2306b of title 10, 
United States Code, enter into a multiyear procurement contract 
for procurement of the AGM-114 Longbow Hellfire missile. 
SEC. 112. CONDITIONS FOR AWARD OF A SECOND-SOURCE PROCURE-
MENT CONTRACT FOR THE FAMILY OF MEDIUM TAC-
TICAL VEHICLES. 
The Secretary of the Army may award a second-source procure-
ment contract for the production of the Family of Medium Tactical 
Vehicles only after the Secretary certifies in writing to the congres-
sional defense committees— 
(1) that the total quantity of vehicles within the Family 
of Medium Tactical Vehicles program that the Secretary will 
112 STAT. 1938 
PUBLIC LAW 105-261—OCT. 17, 1998 
require to be delivered (under all contracts) in any 12-month 
period will be sufficient to enable the prime contractor to main-
tain a minimum economic production level; 
(2) that the total cost to the Army of the procurements 
under the prime and second-source contracts over the period 
of those contracts will be the same as or lower than the amount 
that would be the total cost of the procurements if only one 
such contract were awarded; and 
(3) that the vehicles to be produced under those contracts 
will be produced with common components that will be inter-
changeable among similarly configured models. 
SEC. 113. ARMORED SYSTEM MODERNIZATION. 
(a) FUNDING.—Of the funds appropriated pursuant to the 
authorization of appropriations in section 101(3) for Ml Abrams 
Tank Modifications— 
(1) $14,300,000 shall be obligated for procurements associ-
ated with the MIAID Applique Integration Program, of which 
no more than $11,400,000 may be obligated before the end 
of the 30-day period beginning on the date on which the Sec-
retary of the Army submits the report required under sub-
section (b); and 
(2) $6,000,000 shall be obligated to develop a M1A2 risk 
reduction program. 
(b) REPORT.—(1) Not later than January 31, 1999, the Secretary 
of the Army shall submit to the congressional defense committees 
a report on Army armored system modernization programs. The 
report shall include— 
(A) an assessment of the current acquisition and fielding 
strategy of the Army for the Ml Abrams Tank and M2A3 
Bradley Fighting Vehicle; and 
(B) a description and assessment of alternatives to that 
strategy, including an assessment of an alternative fielding 
strategy that provides for placing all of the armored vehicles 
configured in the latest variant into one heavy corps. 
(2) The assessment of each alternative acquisition and fielding 
strategy under paragraph (1)(B) shall include the following: 
(A) The relative effects of that strategy on warfighting 
capabilities in terms of operational effectiveness and training 
and support efficiencies, taking into consideration the joint 
warfighting context. 
(B) How that strategy would facilitate the transition to 
the Future Scout and Cavalry System, the Future Combat 
System, or other armored systems for the future force structure 
known as the Army After Next. 
(C) How that strategy fits into the context of overall 
armored system modernization through 2020. 
(D) Budgetary implications. 
(E) Implications for the national technology and industrial 
base. 
(F) Innovative techniques and alternatives for maintaining 
M1A2 System Enhancement Program production. 
(3) The Secretary shall include in the report a draft of any 
legislation that may be required to execute a given alternative 
for M1A2 System Enhancement Program production. 
(c) GAG EVALUATION.—The Comptroller General shall review 
the report of the Secretary of the Army under subsection (b) and, 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1939 
not later than 30 days after the date on which that report is 
submitted to the congressional defense committees, shall submit 
to those committees a report providing the Comptroller General's 
views on the conclusions of the Secretary of the Army set forth 
in that report. 
SEC. 114. REACTIVE ARMOR TILES. 
(a) LIMITATION.—^None of the funds authorized to be appro-
priated under section 101(3) or 102(b) may be obligated for the 
procurement of reactive armor tiles until 30 days after the date 
on which the Secretary of Defense submits to the congressional 
defense committees the matters specified in subsection (d). 
(b) EXCEPTION.—^The limitation in subsection (a) does not apply 
to the obligation of any funds for the procurement of armor tiles 
for an armored vehicle for which the Secretary of the Army or, 
in the case of the Marine Corps, the Secretary of the Navy, had 
established a requirement for such tiles before the date of the 
enactment of this Act. 
(c) STUDY REQUIRED.—(1) The Secretary of Defense shall con-
tract with an entity independent of the Department of Defense 
to conduct a study of the operational requirements of the Army 
and the Marine Corps for reactive armor tiles for armored vehicles 
and to submit to the Secretary a report on the results of the 
study. 
(2) The study shall include the following: 
(A) A detailed assessment of the operational requirements 
of the Army and the Marine Corps for reactive armor tiles 
for each of the armored vehicles presently in use, including 
the requirements for each vehicle in its existing configurations 
and in configurations proposed for the vehicle. 
(B) For each armored vehicle, an analysis of the costs 
and benefits of the procurement and installation of the tiles, 
including a comparison of those costs and benefits with the 
costs and benefits of any existing upgrade program for the 
armored vehicle. 
(3) The entity carrying out the study shall request the views 
of the Secretary of the Army and the Secretary of the Navy. 
(d) SUBMISSION TO CONGRESSIONAL COMMITTEES.—^Not later 
than April 1, 1999, the Secretary of Defense shall submit to the 
congressional defense committees— 
(1) the report on the study submitted to the Secretary 
by the entity carrying out the study; 
(2) the comments of the Secretary of the Army and the 
Secretary of the Navy on the study; and 
(3) for each vehicle for which there is a requirement for 
reactive armor tiles, as indicated by the results of the study, 
the Secretary's recommendations as to the number of vehicles 
to be equipped with such tiles. 
SEC. 115. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT 
RETOOUNG AND MANUFACTURING SUPPORT INITIA-
TIVE. 
Section 193(a) of the Armament Retooling and Manufacturing 
Support Act of 1992 (subtitle H of title I of Public Law 102-
484; 10 U.S.C. 2501 note) is amended by striking out "During 
fiscal years 1993 through 1998" and inserting in lieu thereof "During 
fiscal years 1993 through 1999". 
112 STAT. 1940 
PUBLIC LAW 105-261-~OCT. 17, 1998 
Subtitle C—^Navy Programs 
SEC. 121. CVN-77 NUCLEAR AIRCRAFT CARRIER PROGRAM. 
Of the amount authorized to be appropriated under section 
102(aX3) for fiscal year 1999, $124,500,000 is available for the 
advance procurement and advance construction of components 
(including nuclear components) for the CVN-77 nuclear aircraft 
carrier program. 
SEC. 122. INCREASE IN AMOUNT AUTHORIZED TO BE EXCLUDED FROM 
COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM. 
Section 123(a) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1650) is amended 
by striking out "$272,400,000" and inserting in lieu thereof 
"$557,600,000". 
SEC. 
1
2
3
. 
MULTIYEAR 
PROCUREMENT 
AUTHORITY 
FOR 
THE 
DEPART-
MENT 
OF 
THE 
NAVY. 
(a) AUTHORITY FOR SPECIFIED NAVY AIRCRAFT PROGRAMS.— 
Beginning with the fiscal year 1999 program year, the Secretary 
of the Navy may, in accordance with section 2306b of title 10, 
United States Code, enter into a multiyear procurement contract 
for procurement for the following programs: 
(1) The AV-8B aircraft program. 
(2) The T-45TS aircraft program. 
(3) The E-2C aircraft program. 
(b) AUTHORITY FOR MARINE CORPS MEDIUM TACTICAL VEHICLE 
REPLACEMENT.—^Beginning with the fiscal year 1999 program year, 
the Secretary of the Navy may, in accordance with section 2306b 
of title 10, United States Code, enter into a multiyear procurement 
contract to procure the Marine Corps Medium Tactical Vehicle 
Replacement. 
SEC. 124. ANNUAL GAO REVIEW OF F/A-18E/F AIRCRAFT PROGRAM. 
(a) REVIEW AND REPORT REQUIRED.—Not later than June 15 
of each year, the Comptroller General shall review the F/A-18E/ 
F aircraft program and submit to Congress a report on the results 
of the review. The Comptroller General shall submit to Congress 
with each such report a certification as to whether the Comptroller 
Greneral has had access to sufficient information to make informed 
judgments on the matters covered by the report. 
(b) CONTENT OP REPORT.—^The report submitted on the program 
each year shall include the following: 
(1) The extent to which engineering and manufacturing 
development and operational test and evaluation under the 
program are meeting the goals established for engineering and 
manufacturing development and operational test and evalua-
tion under the program, including the performance, cost, and 
schedule goals. 
(2) The status of modifications expected to have a signifi-
cant effect on the cost or performance of the F/A-18E/F aircraft. 
(c) DURATION OF REQUIREMENT.—^No report is required under 
this section after the full-rate production contract is awarded under 
the program. 
(d) REQUIREMENT TO SUPPORT ANNUAL GAO REVIEW.—The Sec-
retary of Defense and the prime contractors under the F/A-18E/ 
F program shall timely provide the Comptroller General with such 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1941 
information on the program, including information on program 
performance, as the Comptroller (General considers necessary to 
carry out this section. 
Subtitle D—^Air Force Programs 
SEC. 131. F-22 AIRCRAFT PROGRAM. 
(a) 
LIMITATION ON ADVANCE PROCUREMENT.—(1) 
Amounts 
available for the Department of Defense for any fiscal year for 
the F-22 aircraft program may not be obligated for advance procure-
ment for the six Lot II F-22 aircraft before the applicable date 
under paragraph (2) or (3). 
(2) The applicable date for the purposes of paragraph (1) is 
the date on which the Secretary of Defense submits a certification 
under subsection (b)(1) unless the Secretary submits a report under 
subsection (b)(2). 
(3) If the Secretary submits a report under subsection (b)(2), 
the applicable date for the purposes of paragraph (1) is the later 
of— 
(A) the date on which the Secretary of Defense submits 
the report; or 
(B) the date on which the Director of Operational Test 
and Evaluation submits the certification required under sub-
section (c). 
(b) CERTIFICATION BY SECRETARY OF DEFENSE.—(1) Upon the 
completion of 433 hours of flight testing of F-22 flight test vehicles, 
the Secretary of Defense shall submit to the congressional defense 
committees a certification of the completion of that amount of 
flight testing. A certification is not required under this paragraph 
if the Secretary submits a report under paragraph (2). 
(2) If the Secretary determines that a number of hours of 
flight testing of F-22 flight test vehicles less than 433 hours pro-
vides the Defense Acquisition Board with a sufficient basis for 
deciding to proceed into production of Lot II F-22 aircraft, the 
Secretary may submit a report to the congressional defense commit-
tees upon the completion of that lesser number of hours of flight 
testing. A report under this paragraph shall contain the following: 
(A) A certification of the number of hours of flight testing 
completed. 
(B) The reasons for the Secretar^s determination that the 
lesser number of hours is a sufficient basis for a decision 
by the board. 
(C) A discussion of the extent to which the Secretary's 
determination is consistent with each decision made by the 
Defense Acquisition Board since January 1997 in the case 
of a major aircraft acquisition program that the amount of 
flight testing completed for the program was sufficient or not 
sufficient to justify a decision to proceed into low-rate initial 
production. 
(D) A determination by the Secretary that it is more finan-
cially advantageous for the Department to proceed into produc-
tion of Lot II F-22 aircraft than to delay production until 
completion of 433 hours of flight testing, together with the 
reasons for that determination. 
(c) CERTIFICATION BY THE DIRECTOR OF OPERATIONAL TEST 
AND EVALUATION.—^Upon the completion of 183 hours of the flight 
112 STAT. 1942 
PUBLIC LAW 105-261—OCT. 17, 1998 
testing of F-22 flight test vehicles provided for in the test and 
evaluation master plan for the F-22 aircraft program, as in effect 
on October 1, 1997, the Director of Operational Test and Evaluation 
shall submit to the congressional defense committees a certification 
of the completion of that flight testing. 
SEC. 132. C-130J AIRCRAFT PROGRAM. 
Reports. 
Not later than March 1, 1999, the Secretary of Defense shall 
review the C-130J aircraft program and submit a report on the 
program to the congressional defense committees. The report shall 
include at least the following: 
(1) A discussion of the testing planned and the testing 
conducted under the program, including— 
(A) the testing schedule intended at the beginning 
of the program; 
(B) the testing schedule as of when the testing com-
menced; and 
(C) an explanation of the time taken for the testing. 
(2) The cost and schedule of the program, including— 
(A) whether the Department has exercised or plans 
to exercise contract options for fiscal years 1996, 1997, 
1998, and 1999; 
(B) when the Department expects the aircraft to be 
delivered and how the delivery dates compare to the deliv-
ery dates specified in the contract; 
(C) whether the Department expects to make any modi-
fication to the negotiated contract price for these aircraft, 
and the amount and basis for any such modification; and 
(D) whether the Department expects the reported 
delays and overruns in the development of the aircraft 
to have any other impact on the cost, schedule, or perform-
ance of the aircraft. 
Subtitle E—Other Matters 
SEC. 141. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PRO-
GRAM. 
(a) ASSISTANCE TO STATE AND LOCAL GOVERNMENTS.—Section 
1412 of the Department of Defense Authorization Act, 1986 (Public 
Law 99-145; 50 U.S.C. 1521), is amended by adding at the end 
of subsection (c) the following: 
"(4)(A) In coordination with the Secretary of the Army and 
in accordance with agreements between the Secretary of the Army 
and the Director of the Federal Emergency Management Agency, 
the Director shall carry out a program to provide assistance to 
State and local governments in developing capabilities to respond 
to emergencies involving risks to the public health or safety within 
their jurisdictions that are identified by the Secretary as being 
risks resulting from— 
"(i) the storage of lethal chemical agents and munitions 
referred to in subsection (a) at military installations in the 
continental United States; or 
"(ii) the destruction of such agents and munitions at facili-
ties referred to in paragraph (1)(B). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1943 
"(B) No assistance may be provided under this paragraph after 
the completion of thd destruction of the United States' stockpile 
of lethal chemical agents and munitions. 
"(C) Not later than December 15 of each year, the Director Reports, 
shall transmit a report to Congress on the activities carried out 
under this paragraph during the fiscal year preceding the fiscal 
year in which the report is submitted.". 
(b) PROGRAM FUNDING.—Section 1412(f) of such Act (51 U.S.C. 50 use I52i. 
1521(f)) is amended— 
(1) by striking out "IDENTIFICATION OF FUNDS.—^Funds" 
and inserting in lieu thereof "IDENTIFICATION OF FUNDS.—(1) 
Funds"; and 
(2) by adding at the end the following new paragraph: 
"(2) Amounts appropriated to the Secretary for the purpose 
of carrying out subsection (c)(4) shall be promptly made available 
to the Director of the Federal Emergency Management Agency.". 
(c) PERIODIC REPORTS.—Section 1412(g) of such Act (50 U.S.C. 
1521(g)) is amended— 
(1) in paragraph (2)(B)— 
(A) by striking out "and" at the end of clause (v); 
(B) by striking out the period at the end of clause 
(vi) and inserting in lieu thereof "; and"; and 
(C) by adding at the end the following new clause: 
"(vii) grants to State and local governments to assist 
those governments in carrying out functions relating to 
emergency preparedness and response in accordance with 
subsection (c)(3)."; 
(2) by redesignating subparagraph (B) (as amended by 
paragraph (1)) and subparagraph (C) of paragraph (2) as sub-
paragraphs (C) and (D), respectively; and 
(3) by inserting after paragraph (2)(A) the following new 
subparagraph (B): 
"(B) A site-by-site description of actions tsiken to assist 
State and local governments (either directly or through the 
Federal Emergency Management Agency) in carrying out func-
tions relating to emergency preparedness and response in 
accordance with subsection (c)(3).". 
SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF 50USC1521 
ASSEMBLED CHEMICAL WEAPONS. 
note. 
(a) PROGRAM MANAGEMENT.—^The program manager for the 
Assembled Chemical Weapons Assessment shall continue to manage 
the development and testing (including demonstration and pilot-
scale testing) of technologies for the destruction of lethal chemical 
munitions that are potential or demonstrated alternatives to the 
baseline incineration program. In performing such management, 
the program manager shall act independently of the program man-
ager for Chemical Demilitarization and shall report to the Under 
Secretary of Defense for Acquisition and Technology. 
(b) POST-DEMONSTRATION ACTIVITIES.—(1) The program man-
ager for the Assembled Chemical Weapons Assessment may carry 
out those activities necessary to ensure that an alternative tech-
nology for the destruction of lethal chemical munitions can be 
implemented immediately after— 
(A) the technology has been demonstrated to be successful; 
and 
112 STAT. 1944 
PUBLIC LAW 105-261—OCT. 17, 1998 
(B) the Under Secretary of Defense for Acquisition and 
Technology has submitted a report on the demonstration to 
Congress that includes a decision to proceed with the pilot-
scale facility phase for an alternative technology. 
(2) To prepare for the immediate implementation of any such 
technology, the program manager may, during fiscal years 1998 
and 1999, take the following actions: 
(A) Establish program requirements. 
(B) Prepare procurement documentation. 
(C) Develop environmental documentation. 
(D) Identify and prepare to meet public outreach and public 
participation requirements. 
(E) Prepare to award a contract for the design, construction, 
and operation of a pilot facility for the technology to the pro-
vider team for the technology not later than December 30, 
1999. 
(c) 
INDEPENDENT 
EVALUATION.—^The Under 
Secretary of 
Defense for Acquisition and Technology shall provide for an 
independent evaluation of the cost and schedule of the Assembled 
Chemical Weapons Assessment, which shall be performed and 
submitted to the Under Secretary not later than September 30, 
1999. The evaluation shall be performed by a nongovernmental 
organization qualified to make such an evaluation. 
(d) PILOT FACILITIES CONTRACTS.—(1) The Under Secretary 
of Defense for Acquisition and Technology shall determine whether 
to proceed with pilot-scale testing of a technology referred to in 
paragraph (2) in time to award a contract for the design, construc-
tion, and operation of a pilot facility for the technology to the 
provider team for the technology not later than December 30, 1999. 
If the Under Secretary determines to proceed with such testing, 
the Under Secretary shall (exercising the acquisition authority of 
the Secretary of Defense) so award a contract not later than such 
date. 
(2) Paragraph (1) applies to an alternative technology for the 
destruction of lethal chemical munitions, other than incineration, 
that the Under Secretary— 
(A) certifies in writing to Congress is— 
(i) as safe and cost effective for disposing of assembled 
chemical munitions as is incineration of such munitions; 
and 
(ii) is capable of completing the destruction of such 
munitions on or before the later of the date by which 
the destruction of the munitions would be completed if 
incineration were used or the deadline date for completing 
the destruction of the munitions under the Chemical Weap-
ons Convention; and 
(B) determines as satisfying the Federal and State environ-
mental and safety laws that are applicable to the use of the 
technology and to the design, construction, and operation of 
a pilot facility for use of the technology. 
(3) The Under Secretary shall consult with the National 
Research Council in making determinations and certifications for 
the purpose of paragraph (2). 
(4) In this subsection, the term "Chemical Weapons Convention" 
means the Convention on the Prohibition of Development, Produc-
tion, Stockpiling and Use of Chemical Weapons and on their 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1945 
Destruction, opened for signature on January 13, 1993, together 
with related annexes and associated documents. 
(e) PLAN FOR PILOT PROGRAM.—If the Secretary of Defense 
proceeds with a pilot program under section 152(f) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 214; 50 U.S.C. 1521(f)), the Secretary shall prepare 
a plan for the pilot program and shall submit to Congress a report 
on such plan (including information on the cost of, and schedule 
for, implementing the pilot program). 
(f) FUNDING.—(1) Of the amount authorized to be appropriated 
under section 107, funds shall be available for the program manager 
for the Assembled Chemical Weapons Assessment for the following: 
(A) Demonstrations of alternative technologies under the 
Assembled Chemical Weapons Assessment, 
(B) Planning and preparation to proceed from demonstra-
tion of an alternative technology immediately into the develop-
ment of a pilot-scale facility for the technology, including plan-
ning and preparation for— 
(i) continued development of the technology leading 
to deplo3mtient of the technology for use; 
(ii) satisfaction of requirements for environmental per-
mits; 
(iii) demonstration, testing, and evaluation; 
(iv) initiation of actions to design a pilot plant; 
(v) provision of support at the field office or depot 
level for deplo3mient of the technology for use; and 
(vi) educational outreach to the public to engender 
support for the deployment. 
(C) The independent evaluation of cost and schedule 
required under subsection (c). 
(2) Funds authorized to be appropriated under section 107(1) 
are authorized to be used for awarding contracts in accordance 
with subsection (d) and for taking any other action authorized 
in this section. 
(f) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT DEFINED.— 
In this section, the term "Assembled Chemical Weapons Assess-
ment" means the pilot program carried out under section 8065 
of the Department of Defense Appropriations Act, 1997 (section 
101(b) of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 
note). 
TITLE n—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. Management responsibility for Navy mine countermeasures programs. 
Sec. 212. Future aircraft carrier transition technologies. 
Sec. 213. Manufacturing technology program. 
Sec. 214. Sense of Congress on the Defense Science and Technology Program. 
Sec. 215. Next Generation Internet Program. 
Sec. 216. Crusader self-propelled artillery system program. 
Sec. 217. Airborne Laser Program. 
Sec. 218. Enhanced Global Positioning System program. 
112 STAT. 1946 
PUBLIC LAW 105-261—OCT. 17, 1998 
Subtitle C—Ballistic Missile Defense 
Sec. 231. Sense of Congress on National Missile Defense coverage. 
Sec. 232. Limitation on funding for the Medium Extended Air Defense System. 
Sec. 233. Limitation on funding for Cooperative Ballistic Missile Defense programs. 
Sec. 234. Sense of Congress with respect to Ballistic Missile Defense cooperation 
with Russia. 
Sec. 235. Ballistic Missile Defense program elements. 
Sec. 236. Restructuring of acquisition strategy for Theater High-Altitude Area 
Defense (THAAD) system. 
Subtitle D—Other Matters 
Sec. 241. Extension of authority to carry out certain prototype projects. 
Sec. 242. NATO alliance ground surveillance concept definition. 
Sec. 243. NATO common-funded Civil Budget. 
Sec. 244. Executive agent for cooperative research program of the Department of 
Defense and the Department of Veterans Affairs. 
Sec. 245. Review of pharmacological interventions for reversing brain injury. 
Sec. 246. Pilot program for revitalizing the laboratories and test and evaluation 
centers of the Department of Defense. 
Sec. 247. Chemical warfare defense. 
Sec. 248. Landmine alternatives. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $4,657,012,000. 
(2) For the Navy, $8,305,011,000. 
(3) For the Air Force, $13,918,728,000. 
(4) For Defense-wide activities, $9,127,187,000, of which— 
(A) $249,106,000 is authorized for the activities of the 
Director, Test and Evaluation; and 
(B) $29,245,000 is authorized for the Director of Oper-
ational Test and Evaluation. 
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH. 
(a) FISCAL YEAR 1999.—Of the amounts authorized to be appro-
priated by section 201, $4,179,905,000 shall be available for basic 
research and applied research projects. 
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—^For 
purposes of this section, the term **basic research and applied 
research" means work funded in program elements for defense 
research and development under Department of Defense category 
6.1 or 6.2. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. M A N A G E M E N T R E S P O N S I B I U T Y FOR NAVY MINE COUNTER-
MEASURES PROGRAMS. 
Section 216(a) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317, 
as amended) is amended by striking out "through 1999" and insert-
ing in lieu thereof "through 2003". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1947 
SEC. 212. FUTURE AIRCRAFT CARRIER TRANSITION TECHNOLOGIES. 
Of the funds authorized to be appropriated under section 201(2) 
for Carrier System Development (program element 0603512N), 
$50,000,000 shall be available only for research, development, test, 
evaluation, and incorporation into the CVN-77 nuclear aircraft 
carrier program of technologies designed to transition to, dem-
onstrate enhanced capabilities for, or mitigate cost and technical 
risks of, the CV(X) aircraft carrier program. 
SEC. 213. MANUFACTURING TECHNOLOGY PROGRAM. 
(a) 
REQUIREMENTS RELATING TO COMPETITION.—Subsection 
(d)(1) of section 2525 of title 10, United States Code, is amended— 
(1) by striking out "(1) Competitive" and inserting in lieu 
thereof "(1)(A) In accordance with the policy stated in section 
2374 of this title, competitive"; and 
(2) by adding at the end the following new subparagraph: 
"(B) For each grant awarded and each contract, cooperative 
agreement, or other transaction entered into on a cost-share basis 
under the program, the ratio of contract recipient cost to Govern-
ment cost shall be determined by competitive procedures. For a 
project for which the Government receives an offer from only one 
offeror, the contracting officer shall negotiate the ratio of contract 
recipient cost to Government cost that represents the best value 
to the Government.". 
(b) REQUIREMENTS RELATING TO COST SHARE WAIVERS.— 
Subsection (d)(2) of such section is amended— 
(1) by redesignating subparagraphs (A), (B), and (C) as 
clauses (i), (ii), and (iii), respectively; 
(2) by inserting "(A)" after "(2)"; and 
(3) by adding at the end the following new subparagraphs: 
"(B) For any grant awarded or contract, cooperative agreement, 
or other transaction entered into on a basis other than a cost-
sharing basis because of a determination made under subparagraph 
(A), the transaction file for the project concerned must document 
the rationale for the determination. 
"(C) The Secretary of Defense may delegate the authority to 
make determinations under subparagraph (A) only to the Under 
, 
Secretary of Defense for Acquisition and Technology or a service 
acquisition executive, as appropriate.". 
i 
(c) COST SHARE GOAL.—Subsection (d) of such section is 
amended— 
(1) by striking out paragraph (4); and 
(2) in paragraph (3)— 
(A) by striking out "At least" and inserting in lieu 
thereof "As a goal, at least"; 
(B) by striking out "shall" and inserting in lieu thereof 
"should"; and 
(C) by adding at the end the following: 'The Secretary 
of Defense, in coordination with the Secretaries of the 
military departments and upon recommendation of the 
Under Secretary of Defense for Acquisition and Technology, 
shall establish annual objectives to meet such goal.". 
(d) ADDITIONAL INFORMATION TO BE INCLUDED IN FIVE-YEAR 
PLAN.—Subsection (e)(2) of such section is amended to read as 
follows: 
"(2) The plan shall include the following: 
"(A) An assessment of the effectiveness of the program. 
112 STAT. 1948 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(B) An assessment of the extent to which the costs of 
projects are being shared by the following: 
"(i) Commercial enterprises in the private sector. 
"(ii) Department of Defense program offices, including 
weapon system program offices. 
"(iii) Departments and agencies of the Federal Govern-
ment outside the Department of Defense. 
"(iv) Institutions of higher education. 
"(v) Other institutions not operated for profit. 
"(vi) Other sources.". 
10 use 2501 
SEC. 214. SENSE OF CONGRESS ON THE DEFENSE SCIENCE AND TECH-
note. 
NOLOGY PROGRAM. 
(a) FUNDING REQUIREMENTS FOR THE DEFENSE SCIENCE AND 
TECHNOLOGY PROGRAM BUDGET.—It is the sense of Congress that, 
for each of the fiscal years 2000 through 2008, it should be an 
objective of the Secretary of Defense to increase the budget for 
the Defense Science and Technology Program for the fiscal year 
over the budget for that program for the preceding fiscal year 
by a percent that is at least two percent above the rate of inflation 
as determined by the Office of Management and Budget. 
(b) GUIDELINES FOR THE DEFENSE SCIENCE AND TECHNOLOGY 
PROGRAM.— 
(1) RELATIONSHIP OF DEFENSE SCIENCE AND TECHNOLOGY 
PROGRAM TO UNIVERSITY RESEARCH.—It is the sense of Congress 
that the following should be key objectives of the Defense 
Science and Technology Program: 
(A) The sustainment of research capabilities in sci-
entific and engineering disciplines critical to the Depart-
ment of Defense. 
(B) The education and training of the next generation 
of scientists and engineers in disciplines that are relevant 
to future defense systems, particularly through the conduct 
of basic research. 
(C) The continued support of the Defense Experimental 
Program to Stimulate Competitive Research and research 
programs at historically black colleges and universities and 
minority institutions. 
(2) RELATIONSHIP OF THE DEFENSE SCIENCE AND TECH-
NOLOGY PROGRAM TO COMMERCIAL RESEARCH AND TECH-
NOLOGY,—(A) It is the sense of Congress that, in supporting 
projects within the Defense Science and Technology Program, 
the Secretary of Defense should attempt to leverage commercial 
research, technology, products, and processes for the benefit 
of the Department of Defense. 
(B) It is the sense of Congress that fiinds made available 
for projects and programs of the Defense Science and Tech-
nology Program should be used only for the benefit of the 
Department of Defense, which includes— 
(i) the development of technology that has only military 
applications; 
(ii) the development of militarily useful, commercially 
viable technology; and 
(iii) the adaptation of commercial technology, products, 
or processes for military purposes. 
(3) SYNERGISTIC MANAGEMENT OF RESEARCH AND DEVELOP-
MENT.—^It is the sense of Congress that the Secretary of Defense 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1949 
should have the flexibility to allocate a combination of funds 
available for the Department of Defense for basic and applied 
research and for advanced development to support any individ-
ual project or program within the Defense Science and Tech-
nology Program, but such flexibility should not change the 
allocation of funds in any flscal year among basic and applied 
research and advanced development. 
(4) MANAGEMENT OF SCIENCE AND TECHNOLOGY.—It is the 
sense of Congress that— 
(A) management and funding for the Defense Science 
and Technology Program for each military department 
should receive a level of priority and leadership attention 
equal to the level received by program acquisition, and 
the Secretary of each military department should ensure 
that a senior official in the department holds the appro-
priate title and responsibility to ensure effective oversight 
and emphasis on science and technology; 
(B) to ensure an appropriate long-term focus for invest-
ments, a sufficient percentage of science and technology 
funds should be directed toward new technology areas, 
and annual reviews should be conducted for ongoing 
research areas to ensure that those funded initiatives are 
either integrated into acquisition programs or discontinued 
when appropriate; 
(C) the Secretary of each military department should 
take appropriate steps to ensure that sufficient numbers 
of officers and civilian employees in the department hold 
advanced degrees in technical fields; and 
(D) of particular concern, the Secretary of the Air Force 
should take appropriate measures to ensure that sufficient 
numbers of scientists and engineers are maintained to 
address the technological challenges faced in the areas 
of air, space, and information technology. 
(c) STUDY.— 
(1) REQUIREMENT.—^The Secretary of Defense, in coopera-
tion with the National Research Council of the National Acad-
emy of Sciences, shall conduct a study on the technology base 
of the Department of Defense. 
(2) MATTERS COVERED.—^The study shall— 
(A) result in recommendations on the minimum 
requirements for maintaining a technology base that is 
sufficient, based on both historical developments and future 
projections, to project superiority in air and space weapons 
systems and in information technology; 
(B) address the effects on national defense and civilian 
aerospace industries and information technology of reduc-
ing funding below the goal described in subsection (a); 
and 
(C) result in recommendations on the appropriate lev-
els of staff" with baccalaureate, masters, and doctorate 
degrees, and the optimal ratio of civilian and military staff" 
holding such degrees, to ensure that science and technology 
functions of the Department of Defense remain vital. 
(3) REPORT.—^Not later than 120 days after the date on 
which the study required under paragraph (1) is completed, 
the Secretary shall submit to Congress a report on the results 
of the study. 
112 STAT. 1950 
PUBLIC LAW 105-261—OCT. 17, 1998 
(d) DEFINITIONS.—In this section: 
(1) The term "Defense Science and Technology Program" 
means basic and apphed research and advanced development. 
(2) The term **Dasic and applied research'* means work 
' funded in program elements for defense research and develop-
ment under Department of Defense category 6.1 or 6.2. 
(3) The term "advanced development" means work funded 
in program elements for defense research and development 
under Department of Defense category 6.3. 
SEC. 215. NEXT GENERATION INTERNET PROGRAM. 
(a) FUNDING.—Of the funds authorized to be appropriated under 
section 201(4), $53,000,000 shall be available for the Next Genera-
tion Internet program. 
(b) LIMITATION.—^Notwithstanding the enactment of any other 
provision of law after the date of the enactment of this Act, amounts 
may be appropriated for fiscal year 1999 for research, development, 
test, and evaluation by the Department of Defense for the Next 
Greneration Internet program only pursuant to the authorization 
of appropriations under section 201(4). 
SEC. 216. CRUSADER SELF-PROPELLED ARTILLERY SYSTEM PROGRAM. 
(a) LIMITATION.—Of the amount authorized to be appropriated 
for the Army pursuant to section 201(1), not more than $223,000,000 
may be obligated for the Crusader self-propelled artillery system 
program until 30 days after the date on which the Secretary of 
the Army submits the report required under subsection (b). 
(b) REQUIREMENT FOR REPORT.—The Secretary of the Army 
shall submit to the congressional defense committees a report on 
the Crusader self-propelled artillery system. The report shall 
include the following: 
(1) An assessment of the risks associated with the current 
Crusader program technology. 
(2) The total requirements for the Crusader system, taking 
into consideration revisions in force structure resulting from 
the redesign of heavy and light divisions to achieve a force 
structure known as the Army After Next. 
(3) The potential for reducing the weight of the Crusader 
system by as much as 50 percent. 
(4) The potential for using alternative propellants for the 
artillery projectile for the Crusader system and the effects 
on the overall program schedule that would result from taking 
the actions and time necessary to develop mature technologies 
for alternative propellants. 
(5) An analysis of the costs and benefits of delaying procure-
ment of the Crusader system to avoid affordability issues associ-
ated with the current schedule and to allow for maturation 
of weight and propellant technologies. 
(c) SUBMISSION OF REPORT.—The Secretary of the Army shall 
submit the report not later than March 1, 1999. 
SEC. 217. AIRBORNE LASER PROGRAM. 
(a) ASSESSMENT OF TECHNICAL AND OPERATIONAL ASPECTS.— 
The Secretary of Defense shall conduct an assessment of the tech-
nical and operational aspects of the Airborne Laser Program. In 
conducting the assessment, the Secretary shall establish an 
independent team of persons from outside the Department of 
Defense who are experts in relevant fields to review the technical 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1951 
and operational aspects of the Airborne Laser Program, The team 
shall assess the following: 
(1) Whether additional ground testing or other forms of 
data collection should be completed before initial modification 
of a commercial aircraft to an Airborne Laser configuration. 
(2) The adequacy of exit criteria for the program definition 
and risk reduction phase of the Airborne Laser Program. 
(3) The adequacy of current Airborne Laser operational 
concepts. 
(b) REPORT ON ASSESSMENT.—Not later than March 15, 1999, 
the Secretary shall submit to Congress a report on the assessment. 
The report shall include the Secretary's findings and any rec-
ommendations that the Secretary considers appropriate. 
(c) FUNDING FOR PROGRAM.—Of the amount authorized to be 
appropriated under section 201(3), $235,219,000 shall be available 
for the Airborne Laser Program. 
(d) LIMITATION.—Of the amount made available pursuant to 
subsection (c), not more than $185,000,000 may be obligated until 
30 days after the Secretary submits the report required by sub-
section (b). 
SEC. 218. ENHANCED GLOBAL POSITIONING SYSTEM PROGRAM. 
10 USC 2281 
(a) POLICY ON PRIORITY FOR DEVELOPMENT OF ENHANCED GPS °°**' 
SYSTEM.—^The development of an enhanced Global Positioning Sys-
tem is an urgent national security priority. 
(b) 
DEVELOPMENT 
REQUIRED.—^To fulfill 
the 
requirements 
described in section 279(b) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 243) 
and section 2281 of title 10, United States Code, the Secretary 
of Defense shall develop an enhanced Global Positioning System 
in accordance with the priority declared in subsection (a). The 
enhanced Global Positioning System shall include the following 
elements: 
(1) An evolved satellite system that includes increased 
signal power and other improvements such as regional-level 
directional signal enhancements. 
(2) Enhanced receivers and user equipment that are 
capable of providing military users with direct access to 
encrypted Global Positioning System signals. 
(3) To the extent funded by the Secretary of Transportation, 
additional civil frequencies and other enhancements for civil 
users. 
(c) SENSE OF CONGRESS REGARDING FUNDING.—It is the sense 
of Congress that— 
(1) the Secretary of Defense should ensure that the future-
years defense program provides for sufficient funding to develop 
and deploy an enhanced Global Positioning System in accord-
ance with the priority declared in subsection (a); and 
(2) the Secretary of Transportation should provide sufficient 
funding to support additional civil frequencies for the Global 
Positioning System and other enhancements of the system for 
civil users. 
(d) PLAN FOR DEVELOPMENT OF ENHANCED GLOBAL POSITIONING 
SYSTEM.—^Not later than April 15, 1999, the Secretary of Defense 
shall submit to Congress a plan for carrying out the requirements 
of subsection (b). 
112 STAT. 1952 
PUBLIC LAW 105-261—OCT. 17, 1998 
(e) DELAYED EFFECTIVE DATE FOR LIMITATION ON PROCURE-
MENT OF SYSTEMS NOT GPS-EQUIPPED.—Section 152(b) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1578) is amended by striking out "2000" 
and inserting in lieu thereof "2005". 
(f) FUNDING FROM AUTHORIZED APPROPRIATIONS FOR FISCAL 
YEAR 1999.—Of the amounts authorized to be appropriated under 
section 201(3), $44,000,000 shall be available to establish and carry 
out an enhanced Global Positioning System program. 
Subtitle C—Ballistic Missile Defense 
SEC. 231. SENSE OF CONGRESS ON NATIONAL MISSILE DEFENSE COV-
ERAGE. 
It is the sense of Congress that— 
(1) any national missile defense system deployed by the 
United States must provide effective defense against limited, 
accidental, or unauthorized ballistic missile attack for all 50 
States; and 
(2) the territories of the United States should be afforded 
effective protection against ballistic missile attack. 
SEC. 232. LIMITATION ON FUNDING FOR THE MEDIUM EXTENDED AIR 
DEFENSE SYSTEM. 
None of the funds appropriated for fiscal year 1999 for the 
Ballistic Missile Defense Organization may be obligated for the 
Medium Extended Air Defense System (MEADS) until the Secretary 
of Defense certifies to Congress that the future-years defense pro-
gram includes sufficient programmed funding for that system to 
complete the design and development phase. If the Secretsiry does 
not submit such a certification by January 1, 1999, then (effective 
as of that date) the funds appropriated for fiscal year 1999 for 
the Ballistic Missile Defense Organization that are allocated for 
the MEADS program shall be available to support alternative pro-
grammatic and technical approaches to meeting the requirement 
for mobile theater missile defense that was to be met by the MEADS 
system. 
SEC. 233. LIMITATION ON FUNDING FOR COOPERATIVE BALLISTIC MIS-
SILE DEFENSE PROGRAMS. 
Of the funds appropriated for fiscal year 1999 for the Russian-
American Observational Satellite (RAMOS) program, $5,000,000 
may not be obligated until the Secretary of Defense certifies to 
Congress that the Department of Defense has received detailed 
information concerning the nature, extent, and military implications 
of the transfer of ballistic missile technology from Russian sources 
to Iran. 
SEC. 234. SENSE OF CONGRESS WITH RESPECT TO BALLISTIC MISSILE 
DEFENSE COOPERATION WITH RUSSIA. 
It is the sense of Congress that, as the United States proceeds 
with efforts to develop defenses against ballistic missile attack, 
the United States should seek to foster a climate of cooperation 
with Russia on matters related to ballistic missile defense and 
that, in particular, the United States and its NATO allies should 
seek to cooperate with Russia in such areas as early warning 
of ballistic missile launches. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1953 
SEC. 235. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS. 
(a) BMD P
R
C
X
3
R
A
M ELEMENTS.—(1) Chapter 9 of title 10, United 
States Code, is amended by inserting after section 222 the following 
new section: 
'^§ 223. Ballistic missile defense programs: program elements 
"(a) PROGRAM ELEMENTS SPECIFIED.—In the budget justification 
materials submitted to Congress in support of the Department 
of Defense budget for any fiscal year (as submitted with the budget 
of the President under section 1105(a) of title 31), the amount 
requested for activities of the Ballistic Missile Defense Organization 
shall be set forth in accordance with the following program ele-
ments: 
"(1) The Patriot system. 
"(2) The Navy Area system. 
"(3) The Theater High-Altitude Area Defense system. 
"(4) The Navy Theater Wide system. 
"(5) The Medium Extended Air Defense System. 
"(6) Joint Theater Missile Defense. 
"(7) National Missile Defense. 
"(8) Support Technologies. 
"(9) Family of Systems Engineering and Integration. 
"(10) Ballistic Missile Defense Technical Operations. 
"(11) Threat and Countermeasures. 
"(12) International Cooperative Programs. 
"(b) TREATMENT OF MAJOR DEFENSE ACQUISITION PROGRAMS.— 
Amounts requested for Theater Missile Defense and National Mis-
sile Defense major defense acquisition programs shall be specified 
in individual, dedicated program elements, and amounts appro-
priated for those programs shall be available only for Ballistic 
Missile Defense activities. 
"(c) MANAGEMENT AND SUPPORT.—The amount requested for 
each program element specified in subsection (a) shall include 
requests for the amounts necessary for the management and sup-
port of the programs, projects, and activities contained in that 
program element.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 222 
the following new item: 
"223. Ballistic missile defense programs: program elements.". 
(b) REPEAL OF SUPERSEDED PROVISION.—Section 251 of the 
National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106; 10 U.S.C. 221 note) is repealed. 
SEC. 236. RESTRUCTURING OF ACQUISITION STRATEGY FOR THEATER 
HIGH-ALTITUDE AREA DEFENSE (THAAO) SYSTEM. 
(a) ESTABLISHMENT OF COMPETITIVE CONTRACTOR.—(1) The Sec-
retary of Defense shall take appropriate steps to implement tech-
nical and price competition for the development and production 
of the interceptor missile for the Theater High-Altitude Area 
Defense (THAAD) system. 
(2) The Secretary shall take such steps as necessary to ensure 
that the prime contractor (as of the date of the enactment of 
this Act) for the THAAD system provides the cooperation needed 
to establish the technical and price competition required in sub-
section (a). 
112 STAT. 1954 
PUBLIC LAW 105-261—OCT. 17, 1998 
(3) The Secretary shall use the authority provided in section 
2304(c)(2) of title 10, United States Code, to expedite the 
implementation of paragraphs (1) and (2). 
(4) Of the amount made available under section 201(4) for 
the THAAD System, $29,600,000 shall be available to establish 
the technical and price competition required in paragraph (1). 
(b) COST SHARING ARRANGEMENT.—(1) The Secretary of Defense 
shall contractually establish with the THAAD interceptor prime 
contractor an appropriate arrangement for sharing between the 
United States and that contractor the costs for flight test failures 
of the interceptor missile for the THAAD system beginning with 
the flight test numbered 9. 
(2) For purposes of paragraph (1), the term "THAAD interceptor 
prime contractor" means the firm that as of May 14, 1998, is 
the prime contractor for the interceptor missile for the Theater 
High-Altitude Area Defense system. 
(c) ENGINEERING AND MANUFACTURING DEVELOPMENT PHASE 
FOR OTHER ELEMENTS OF THE THAAD SYSTEM.—^The Secretary 
of Defense may proceed with the milestone approval process for 
the Engineering and Manufacturing Development phase for the 
Battle Management and Command, Control, and Communications 
(BM/C3) element of the THAAD system and for the Ground Based 
Radar (GBR) element for that system without regard to the stage 
of development of the interceptor missile for that system. 
(d) PLAN FOR CONTINGENCY CAPABILITY.—(1) The Secretary 
of Defense shall prepare a plan that would allow for deployment 
of THAAD missiles and the other elements of the THAAD system 
referred to in subsection (c) in response to theater ballistic missile 
threats that evolve before United States military forces are equipped 
with the objective configuration of those missiles and elements. 
Reports. 
(2) The Secretary shall submit a report on the plan to the 
congressional defense committees by December 15, 1998. 
(e) LIMITATION ON ENTERING ENGINEERING AND MANUFACTUR-
ING DEVELOPMENT PHASE.—(1) The Secretary of Defense may not 
approve the commencement of the Engineering and Manufacturing 
Development phase for the interceptor missile for the THAAD sys-
tem until there have been 3 successful tests of that missile. 
(2) For purposes of paragraph (1), a successful test of the 
interceptor missile of the THAAD system is a body-to-body intercept 
by that missile of a ballistic missile target. 
Subtitle D—Other Matters 
SEC. 241. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTO-
TYPE PROJECTS. 
Section 845(c) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is 
amended by striking out "September 30, 1999" and inserting in 
lieu thereof "September 30, 2001". 
SEC. 242. NATO ALLIANCE GROUND SURVEILLANCE CONCEPT DEFINI-
TION. 
Amounts authorized to be appropriated under section 201 are 
available for a NATO alliance ground surveillance concept definition 
that is based on the Joint Surveillance Target Attack Radar System 
PUBLIC LAW 10&-261—OCT. 17, 1998 
112 STAT. 1955 
(Joint STARS) Radar Technology Insertion Program (RTIP) sensor 
of the United States, as follows: 
(1) Of the amount authorized to be appropriated under 
section 201(1), $6,400,000. 
(2) Of the amount authorized to be appropriated under 
section 201(3), $3,500,000. 
SEC. 243. NATO COMMON-FUNDED CIVIL BUDGET. 
Of the amount authorized to be appropriated by section 201(1), 
$750,000 shall be available for contributions for the common-funded 
Civil Budget of NATO. 
SEC. 
244. 
EXECUTIVE 
AGENT 
FOR 
COOPERATIVE 
RESEARCH 
PROGRAM 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE 
AND THE 
DEPART-
MENT 
OF 
VETERANS 
AFFAIRS. 
The Secretary of Defense, acting through the Army Medical 
Research and Materiel Command and the Naval Operational Medi-
cine Institute, shall be the executive agent for the use of funds 
available from the amount authorized to be appropriated by section 
201(4) for the Cooperative Research Program of the Department 
of Defense and the Department of Veterans Affairs. 
SEC. 245. REVIEW OF PHARMACOLOGICAL 
INTERVENTIONS FOR 
REVERSING BRAIN INJURY. 
(a) REVIEW AND REPORT REQUIRED.—^The Assistant Secretary 
of Defense for Health Affairs shall review research on pharma-
cological interventions for reversing brain injury and, not later 
than March 31, 1999, submit a report on the results of the review 
to Congress. 
(b) 
CONTENT OF REPORT.—The report shall include the 
following: 
(1) The potential for pharmacological interventions for 
reversing brain injury to reduce mortality and morbidity in 
cases of head injuries incurred in combat or resulting from 
exposures to chemical weapons or agents. 
(2) The potential utility of such interventions for the Armed 
Forces. 
(3) A conclusion regarding whether funding for research 
on such interventions should be included in the budget for 
the Department of Defense for fiscal year 2000. 
SEC. 246. PILOT PROGRAM FOR REVITALIZING THE LABORATORIES 
10 USC 2358 
AND TEST AND EVALUATION CENTERS OF THE DEPART- 
note. 
MENT OF DEFENSE. 
(a) PILOT PROGRAM.—(1) The Secretary of Defense may carry 
out a pilot program to demonstrate improved cooperative relation-
ships with universities and other private sector entities for the 
performance of research and development functions. 
(2) Under the pilot program, the Secretary of Defense shall 
provide the director of one science and technology laboratory, and 
the director of one test and evaluation center, of each military 
department with authority for the following: 
(A) To explore innovative methods for quickly, efficiently, 
and fairly entering into cooperative relationships with univer-
sities and other private sector entities with respect to the 
performance of research and development functions. 
(B) To waive any restrictions on the demonstration and 
implementation of such methods that are not required by law. 
112 STAT. 1956 
PUBLIC LAW 105-261—OCT, 17, 1998 
(C) To develop or expand innovative methods of operation 
that provide more defense research for each dollar of cost, 
including to carry out such initiatives as focusing on the 
performance of core functions and adopting more business-
like practices. 
(3) In selecting the laboratories and centers for participation 
in the pilot program, the Secretary shall consider laboratories and 
centers where innovative management techniques have been dem-
onstrated, particularly as documented under sections 1115 through 
1119 of title 31, United States Code, relating to Government agency 
performance and results. 
(4) The Secretary may carry out the pilot program at each 
selected laboratory and center for a period of three years beginning 
not later than March 1, 1999. 
(b) REPORTS.—(1) Not later than March 1, 1999, the Secretary 
of Defense shall submit a report on the implementation of the 
pilot program to Congress. The report shall include the following: 
(A) Each laboratory and center selected for the pilot pro-
gram. 
(B) To the extent possible, a description of the innovative 
concepts that are to be tested at each laboratory or center. 
(C) The criteria to be used for measuring the success of 
each concept to be tested. 
(2) Promptly after the expiration of the period for participation 
of a laboratory or center in the pilot program, the Secretary of 
Defense shall submit to Congress a final report on the participation 
of the laboratory or center in the pilot program. The report shall 
contain the following: 
(A) A description of the concepts tested. 
(B) The results of the testing. 
(C) The lessons learned. 
(D) Any proposal for legislation that the 
Secretary 
recommends on the basis of the experience at the laboratory 
or center under the pilot program. 
(c) COMMENDATION.—Congress commends the Secretary of 
Defense for the progress made by the science and technology labora-
tories and test and evaluation centers of the Department of Defense 
and encourages the Secretary to take the actions necessary to 
ensure continued progress for the laboratories and test and evalua-
tion centers in developing cooperative relationships with univer-
sities and other private sector entities for the performance of 
research and development functions. 
50 use 1522 
SEC. 247. CHEMICAL WARFARE DEFENSE. 
°°*®" 
(a) REVIEW AND MODIFICATION OF POLICIES AND DOCTRINES.— 
The Secretary of Defense shall review the policies and doctrines 
of the Department of Defense on chemical warfare defense and 
modify the policies and doctrine as appropriate to achieve the 
objectives set forth in subsection (b). 
(b) OBJECTIVES.—^The objectives for the modification of policies 
and doctrines of the Department of Defense on chemical warfare 
defense are as follows: 
(1) To provide for adequate protection of personnel from 
any exposure to a chemical warfare agent (including chronic 
and low-level exposure to a chemical warfare agent) that would 
endanger the health of exposed personnel because of the delete-
rious effects of— 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1957 
(A) a single exposure to the agent; 
(B) exposure to the agent concurrently with other dan-
gerous exposures, such as exposures to— 
(i) other potentially toxic substances in 
the 
environment, including pesticides, other insect and ver-
min control agents, and environmental pollutants; 
(ii) low-grade nuclear and electromagnetic radi-
ation present in the environment; 
(iii) preventive medications (that are dangerous 
when taken concurrently with other dangerous expo-
sures referred to in this paragraph); 
(iv) diesel fuel, jet fuel, and other hydrocarbon-
based fuels; and 
(v) occupational hazards, including battlefield haz-
ards; and 
(C) repeated exposures to the agent, or some combina-
tion of one or more exposures to the agent and other 
dangerous exposures referred to in subparagraph (B), over 
time. 
(2) To provide for— 
(A) the prevention of and protection against, and the 
detection (including confirmation) of, exposures to a chemi-
cal warfare agent (whether intentional or inadvertent) at 
levels that, even if not sufficient to endanger health imme-
diately, are greater than the level that is recognized under 
Department of Defense policies as being the maximum 
safe level of exposure to that agent for the general popu-
lation; and 
(B) the recording, reporting, coordinating, and retain-
ing of information on possible exposures described in 
subparagraph (A), including the monitoring of the health 
effects of exposures on humans and animals, environmental 
effects, and ecological effects, and the documenting and 
reporting of those effects specifically by location. 
(3) To provide solutions for the concerns and mission 
requirements that are specifically applicable for one or more 
of the Armed Forces in a protracted conflict when exposures 
to chemical agents could be complex, d3aiamic, and occurring 
over an extended period. 
(c) RESEARCH 
PROGRAM.—^The Secretary of Defense shall 
develop and carry out a plan to establish a research program 
for determining the effects of exposures to chemical warfare agents 
of the type described in subsection (b). The research shall be 
designed to yield results that can guide the Secretary in the evo-
lution of policy and doctrine on exposures to chemical warfare 
agents and to develop new risk assessment 
methods 
and 
instruments with respect to such exposures. The plan shall state 
the objectives and scope of the program and include a 5-year funding 
plan. 
(d) REPORT.—Not later than May 1, 1999, the Secretary of 
Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives a report on the results of the review under sub-
section (a) and on the research program developed under subsection 
(c). The report shall include the following: 
(1) Each modification of chemical warfare defense policy 
and doctrine resulting from the review. 
112 STAT. 1958 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) Any recommended legislation regarding chemical war-
fare defense. 
(3) The plan for the research program. 
SEC. 248. LANDMINE ALTERNATIVES. 
(a) AVAILABILITY OF FUNDS.—(1) Of the amounts authorized 
to be appropriated in section 201, not more than $19,200,000 shall 
be available for activities relating to the identification, adaptation, 
modification, research, and development of existing and new tech-
nologies and concepts that— 
(A) would provide a combat capability that is equivalent 
to the combat capability provided by non-self destructing anti-
personnel landmines; 
(B) would provide a combat capability that is equivalent 
to the combat capability provided by anti-personnel submuni-
tions used in mixed anti-tank mine systems; or 
(C) would provide a combat capability that is equivalent 
to the combat capability provided by current mixed mine sys-
tems. 
(2) Of the amount available under paragraph (1)— 
(A) not more than $17,200,000 shall be made available 
for activities referred to in subparagraph (A) of that paragraph 
for the current efforts of the Army referred to as the Non-
Self Destruct Alternative; and 
(B) not more than $2,000,000 shall be made available for 
activities referred to in subparagraphs (B) or (C) of that para-
graph that relate to anti-personnel submunitions used in mixed 
mine systems or an alternative for mixed munitions. 
(b) 
FUNDING FOR RESEARCH INTO ALTERNATIVES TO ANTI-
PERSONNEL SUBMUNITIONS USED IN MDCED MINE SYSTEMS OR AN 
ALTERNATIVE FOR MIXED MUNITIONS.—^The Secretary shall include 
with the materials submitted to Congress with the budget for 
fiscal year 2000 under section 1105 of title 31, United States Code, 
an explanation of any fiinds requested to support a search for 
existing and new technologies and concepts that could provide a 
combat capability equivalent to the combat capability provided by 
anti-personnel submunitions used in mixed mine systems or an 
alternative to mixed munitions. 
Contracts. 
(c) STUDIES.—^The Secretary of Defense shall enter into two 
contracts, each with an appropriate scientific organization— 
(1) to carry out a study on existing and new technologies 
and concepts referred to in subsection (a); and 
(2) to submit to the Secretary a report on the study, includ-
ing any recommendations considered appropriate by the sci-
entific organization. 
(d) REPORT.—Not later than April 1 of 2000 and 2001, the 
Secretary shall submit to the congressional defense committees 
a report describing the progress made in identif3dng technologies 
and concepts referred to in subsection (a). At the same time the 
report is submitted, the Secretary shall transmit to such committees 
copies of the reports (and recommendations, if any) received by 
the Secretary from the scientific organizations that carried out 
the studies referred to in subsection (c). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1959 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—^Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 311. Refurbishment of Ml-Al tanks. 
Sec. 312. Operation of prepositioned fleet, National Training Center, Fort Irwin, 
California. 
Sec. 313. Berthing space at Norfolk Naval Shipyard, Virginia. 
Sec. 314. NATO common-funded military budget. 
Subtitle C—Environmental Provisions 
Sec. 321. Settlement of claims of foreign governments for environmental cleanup of 
overseas sites formerly used by the Department of Defense. 
Sec. 322. Authority to pay negotiated settlement for environmental cleanup of 
formerly used defense sites in Canada. 
Sec. 323. Removal of underground storage tanks. 
Sec. 324. Report regarding polychlorinated biphenyl waste under Department of 
Defense control overseas. 
Sec. 325. Modification of deadline for submittal to Congress of annual reports on 
environmental activities. 
Sec. 326. Submarine solid waste control. 
Sec. 327. Arctic Military Environmental Cooperation Program. 
Sec. 328. Sense of Congress regarding oil spill prevention training for personnel on 
board Navy vessels. 
Subtitle D—Information Technology Issues 
Sec. 331. Additional information technology responsibilities of Chief Information 
Officers. 
Sec. 332. Defense-wide electronic mall system for supply purchases. 
Sec. 333. Priority funding to ensure year 2000 compliance of information technology 
and national security systems. 
Sec. 334. Evaluation of year 2000 compliance as part of training exercises programs. 
Sec. 335. Continuity of essential operations at risk of failure because of information 
technology and national security systems that are not year 2000 compli-
ant. 
Subtitle E—Defense Infrastructure Support Improvement 
Sec. 341. Clarification of definition of depot-level maintenance and repair. 
Sec. 342. Reporting and analysis requirements before change of commercial and 
industrial type functions to private sector performance. 
Sec. 343. Notifications of determinations of military items as being commercial 
items for purposes of the exception to requirements regarding core logis-
tics capabilities. 
Sec. 344. Oversight of development and implementation of automated identification 
technology. 
Sec. 345. Contractor-operated civil engineering supply stores program. 
Sec. 346. Conditions on expansion of functions performed under prime vendor 
contracts for depot-level maintenance and repair. 
Sec. 347. Best commercial inventory practices for management of secondary supply 
items. 
Sec. 348. Personnel reductions in Army Materiel Command. 
Sec. 349. Inventory management of in-transit items. 
Sec. 350. Review of Defense Automated Printing Service functions. 
Sec. 351. Development of plan for establishment of core logistics capabilities for 
maintenance and repair of C-17 aircraft. 
Subtitle F—Commissaries and Nonappropriated Fund Instrumentalities 
Sec. 361. Continuation of management and funding of Defense Commissary Agency 
through the Office of the Secretary of Defense. 
Sec. 362. Expansion of current eligibility of Reserves for commissary benefits. 
Sec. 363. Costs payable to the Department of Defense and other Federal agencies for 
services provided to the Defense Commissary Agency. 
69-194 O - 98 - 5: QL 3 Part 3 
112 STAT. 1960 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 364. Collection of dishonored checks presented at commissary stores. 
Sec. 365. Restrictions on patron access to, and purchases in, overseas commissaries 
and exchange stores. 
Sec. 366. Repeal of requirement for Air Force to sell tobacco products to enlisted 
personnel. 
Sec. 367. Prohibition on consolidation or other organizational changes of Depart-
ment of Defense retail systems. 
Sec. 368. Defense Commissary Agency telecommunications. 
Sec. 369. Survey of commissary store patrons regarding satisfaction with com-
missary store merchandise. 
Subtitle G—Other Matters 
Sec. 371. Eligibility requirements for attendance at Department of Defense domestic 
dependent elementary and secondary schools. 
Sec. 372. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 373. Department of Defense readiness reporting ^stem. 
Sec. 374. Specific emphasis of program to investigate fraud, waste, and abuse within 
Department of Defense. 
Sec. 375. Condition for providing financial assistance for support of additional duties 
assigned to the Army National Guard. 
Sec. 376. Demonstration program to improve quality of personal property shipments 
of members. 
Sec. 377. Pilot program for acceptance and use of landing fees charged for use of 
domestic military airfields by civil aircraft. 
Sec. 378. Strategic plan for expansion of distance learning initiatives. 
Sec. 379. Public availability of operating agreements between military installations 
and financial institutions. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $17,002,563,000. 
(2) For the Navy, $21,577,702,000. 
(3) For the Marine Corps, $2,528,603,0Q0. 
(4) For the Air Force, $18,690,633,000. 
(5) For Defense-wide activities, $ 10,550,076,000. 
(6) For the Army Reserve, $1,198,022,000. 
(7) For the Naval Reserve, $920,639,000. 
(8) For the Marine Corps Reserve, $117,893,000. 
(9) For the Air Force Reserve, $1,722,796,000. 
(10) For the Army National Guard, $2,564,315,000. 
(11) For the Air National Guard, $3,047,433,000. 
(12) For the Defense Inspector General, $130,764,000. 
(13) For the United States Court of Appeals for the Armed 
Forces, $7,324,000. 
(14) For Environmental Restoration, Army, $370,640,000. 
(15) For Environmental Restoration, Navy, $274,600,000. 
(16) 
For 
Environmental 
Restoration, 
Air 
Force, 
I 
$372,100,000. 
(17) 
For 
Environmental 
Restoration, 
Defense-wide, 
$25,091,000. 
(18) For Environmental 
Restoration, 
Formerly 
Used 
Defense Sites, $195,000,000. 
(19) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $50,000,000. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1961 
(20) For Drug Interdiction and Counter-drug Activities, 
Defense-wide, $725,582,000. 
(21) For the Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Trust Fund, $15,000,000. 
(22) For Defense Health Program, $9,617,435,000. 
(23) 
For 
Cooperative 
Threat 
Reduction 
programs, 
$440,400,000. 
(24) For Overseas Contingency Operations Transfer Fund, 
$746,900,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $1,076,571,000. 
(2) For the National Defense Sealift Fund, $669,566,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
1999 from the Armed Forces Retirement Home Trust Fund the 
sum of $70,745,000 for the operation of the Armed Forces Retire-
ment Home, including the United States Soldiers' and Airmen's 
Home and the Naval Home. 
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANS-
ACTION FUND. 
(a) TRANSFER AUTHORITY.—^To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to 
operation and maintenance accounts for fiscal year 1999 in amounts 
as follows: 
(1) For the Army, $50,000,000. 
(2) For the Navy, $50,000,000. 
(3) For the Air Force, $50,000,000. 
(b) TREATMENT OF TRANSFERS.—^Amounts transferred under 
this section— 
(1) shall be merged with, and be available for the same 
purposes and the same period as, the amounts in the accounts 
to which transferred; and 
(2) may not be expended for an item that has been denied 
authorization of appropriations by Congress. 
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—^The trans-
fer authority provided in this section is in addition to the transfer 
authority provided in section 1001. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 311. REFURBISHMENT OF Ml-Al TANKS. 
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation and maintenance for the Anny, $31,000,000 
shall be available only for the refurbishment of up to 70 M l -
Al tanks under the AIM-XXI program. 
112 STAT. 1962 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 312. OPERATION OF PREPOSITIONED FLEET, NATIONAL TRAINING 
CENTER, FORT IRWIN, CALIFORNIA. 
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation and maintenance for the Army, $60,200,000 
shall be available only to pay costs associated with the operation 
of the prepositioned fleet of equipment during training rotations 
at the National Training Center, Fort Irwin, California. 
SEC. 313. BERTHING SPACE AT NORFOLK NAVAL SHIPYARD, VIRGINIA. 
Of the amount authorized to be appropriated pursuant to sec-
tion 301(2) for operation and maintenance for the Navy, $6,000,000 
may be available for the purpose of relocating the U.S.S. WISCON-
SIN, which is currently in a reserve status at the Norfolk Naval 
Shipyard, Virginia, to a suitable location in order to increase avail-
able berthing space at the shipyard. 
SEC. 314. NATO COMMON-FUNDED MIUTARY BUDGET. 
Of the amount authorized to be appropriated pursuant to sec-
tion 301(1) for operation 
and 
maintenance 
for the 
Army, 
$227,377,000 shall be available for contributions for the common-
funded Military Budget of the North Atlantic Treaty Organization. 
Subtitle C—^Environmental Provisions 
10 use 2701 
note. 
President. 
SEC. 321. SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR 
ENVIRONMENTAL CLEANUP OF OVERSEAS SITES FOR-
MERLY USED BY THE DEPARTMENT OF DEFENSE. 
(a) NOTICE OF NEGOTIATIONS.—^The President shall notify Con-
gress before entering into any negotiations for the ex-gratia settle-
ment of the claims of a government of another country against 
the United States for environmental cleanup of sites in that country 
that were formerly used by the Department of Defense. 
(b) AUTHORIZATION REQUIRED FOR USE OF FUNDS FOR PAYMENT 
OF SETTLEMENT.—^No funds may be used for any payment under 
an ex-gratia settlement of any claims described in subsection (a) 
unless the use of the funds for that purpose is specifically authorized 
by law or international agreement, including a treaty. 
SEC. 322. 
AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR 
ENVIRONMENTAL CLEANUP OF FORMERLY USED 
DEFENSE 
SITES 
IN 
CANADA. 
(a) FINDINGS.—Congress makes the following findings with 
respect to the authorization of payment of settlement with Canada 
in subsection (b) regarding environmental cleanup at formerly used 
defense sites in Canada: 
(1) A unique and longstanding national security alliance 
exists between the United States and Canada. 
(2) The sites covered by the settlement were formerly used 
by the United States and Canada for their mutual defense. 
(3) There is no formal treaty or international agreement 
between the United States and Canada regarding the environ-
mental cleanup of the sites. 
(4) Environmental contamination at some of the sites could 
pose a substantial risk to the health and safety of the United 
States citizens residing in States near the border between the 
United States and Canada. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1963 
(5) The United States and Canada reached a negotiated 
agreement for an ex-gratia reimbursement of Canada in full 
satisfaction of claims of Canada relating to environmental 
contamination which agreement was embodied in an exchange 
of Notes between the Government of the United States and 
the Grovernment of Canada. 
(6) There is a unique factual basis for authorizing a 
reimbursement of Canada for environmental cleanup at sites 
in Canada after the United States departure from such sites. 
(7) The basis for and authorization of such reimbursement 
does not extend to similar claims by other nations. 
(8) The Grovemment of Canada is committed to spending 
the entire $100,000,000 of the reimbursement authorized in 
subsection (b) in the United States, which will benefit United 
States industry and United States workers. 
(b) AUTHORITY TO MAKE PAYMENTS.—(1) Subject to subsection 
(c), the Secretary of Defense may, using funds specified under 
subsection (d), make a pajnment described in paragraph (2) for 
each fiscal year through fiscal year 2008 for purposes of the ex-
gratia reimbursement of Canada in full satisfaction of any and 
all claims asserted against the United States by Canada for environ-
mental cleanup of sites in Canada that were formerly used for 
the mutual defense of the United States and Canada. 
(2) A pa3mient referred to in paragraph (1) is a payment of 
$10,000,000, in constant fiscal year 1996 dollars, into the Foreign 
Military Sales Trust Account for purposes of Canada. 
(c) CONDITION ON AUTHORITY FOR SUBSEQUENT FISCAL YEARS.— 
A payment may be made under subsection (b) for a fiscal year 
after fiscal year 1999 only if the Secretary of Defense submits 
to Congress with the budget for such fiscal year under section 
1105 of title 31, United States Code, evidence that the cumulative 
amount expended by the Grovemment of Canada for environmental 
cleanup activities in Canada during any fiscal years before such 
fiscal year in which a payment under that subsection was author-
ized was an amount equal to or greater than the aggregate amount 
of the payments under that subsection during such fiscal years. 
(d) SOURCE OF FUNDS.—(1) The payment under subsection (b) 
for fiscal year 1998 shall be made from amounts appropriated 
pursuant to section 301(5) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1669). 
(2) The pa3anent under subsection (b) for fiscal year 1999 shall 
be made from amounts appropriated pursuant to section 301(5). 
(3) For a fiscal year after fiscal year 1999, a pa3mient may 
be made under subsection (b) from amounts appropriated pursuant 
to the authorization of appropriations for the Department of Defense 
for such fiscal year for Operation and Maintenance, Defense-Wide. 
SEC. 323. REMOVAL OF UNDERGROUND STORAGE TANKS. 
The Secretary of the Army may use funds available pursuant 
to the authorization of appropriations in section 301(18) (relating 
to environmental restoration of formerly used defense sites) for 
the removal of underground storage tanks to the extent that, and 
in accordance with such criteria as, the Secretary determines appro-
priate for the use of such funds. 
112 STAT. 1964 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 324. REPORT REGARDING POLYCHLORINATED BIPHENYL WASTE 
UNDER DEPARTMENT OF DEFENSE CONTROL OVERSEAS. 
(a) REPORT REQUIRED.—(1) Not later than March 1, 1999, the 
Secretary of Defense shall submit to the committees specified in 
paragraph (2) a report on the status of foreign-manufactured poly-
chlorinated biphenyl waste. The Secretary shall prepare the report 
in consultation with the Administrator of the Environmental Protec-
tion Agency and the Secretary of State. 
(2) The committees referred to in paragraph (1) are the 
following: 
(A) The Committee on Armed Services and the Committee 
on Environment and Public Works of the Senate. 
(B) The Committee on National Security, the Committee 
on Commerce, and the Committee on Transportation and Infra-
structure of the House of Representatives. 
(b) ELEMENTS OF REPORT,—^The report under subsection (a) 
shall include the following: 
(1) The identity of each foreign country from which the 
Secretary of Defense anticipates that the Department of 
Defense will need to transport foreign-manufactured poly-
chlorinated biphenyl waste into the customs territory of the 
United States. 
(2) For each foreign country identified under paragraph 
(1), an inventory of the type, concentrations, and estimated 
quantity of foreign-manufactured 
polychlorinated 
biphenyl 
waste involved, the reasons why disposal of the polychlorinated 
biphenyl waste in the foreign country is not available, the 
identity of other locations or facilities where disposal of the 
polychlorinated biphenyl waste in an environmentally sound 
manner is available, and the availability of alternative tech-
nologies and mobile units for polychlorinated biphenyl waste 
treatment or disposal. 
(3) An accounting of all foreign-manufactured 
poly-
chlorinated biphenyl waste that exists as of the date of the 
enactment of this Act and as of the date of the report. 
(4) An estimate of the volume of foreign-manufactured poly-
chlorinated biphenyl waste that is likely to be generated 
annually in each of the next 5 calendar years, and the basis 
for each such estimate. 
(5) A description of any hazards to human health or the 
environment posed by foreign-manufactured 
polychlorinated 
biphenyl waste. 
(6) A description of any international or domestic legal 
impediments that the Department has experienced in disposing 
of foreign-manufactured polychlorinated biphenyl waste in an 
environmentally sound manner. 
(7) A description of any efforts undertaken by the Depart-
ment to seek relief from legal impediments to the disposal 
of foreign-manufactured polychlorinated biphenyl waste, includ-
ing the relief available pursusint to section 6(e) or 22 of the 
Toxic Substances Control Act (15 U.S.C. 2605(e), 2621). 
(8) The identity of the possible disposal or treatment facili-
ties in the United States that would be used if foreign-manufac-
tured polychlorinated biphenyl waste were transported into 
the customs territory of the United States, and the method 
of disposal or treatment at each such facility. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1965 
(9) A description of Department policy and practice concern-
ing procurement or purchase of foreign-manufactured poly-
chlorinated biphenyls or materials containing foreign-manufac-
tured polychlorinated biphenyls. 
(c) RECOMMENDATIONS.—^The report shall also include such rec-
ommendations as the Secretary of Defense, with the concurrence 
of the Administrator of the Environmental Protection Agency and 
the Secretary of State, considers necessary regarding changes to 
United States law to allow for the disposal, in an environmentally 
sound manner, of foreign-manufactured polychlorinated biphenyl 
waste, together with a statement of whether and how such changes 
would be consistent with international law, including the Basel 
Convention on the Control of Transboundary Movements of Hazard-
ous Wastes and Their Disposal and the Protocol to the Convention 
on Long-Range Transboundary Air Pollution on Persistent Organic 
Pollutants. 
, 
(d) DEFINITIONS.—In this section: 
(1) The term "polychlorinated biphenyl waste" means— 
(A) polychlorinated biphenyls; and 
(B) materials containing polychlorinated biphenyls; 
that are ready for disposal. 
(2) 
The term 
"foreign-manufactured 
polychlorinated 
biphenyl waste" means polychlorinated biphenyl waste that 
is owned by the Department of Defense and situated outside 
of the United States and that consists of— 
(A) polychlorinated biphenyls; or 
(B) materials containing polychlorinated biphenyls; 
that were manufactured outside of the United States. 
SEC. 325. MODIFICATION OF DEADLINE FOR SUBMITTAL TO CONGRESS 
OF ANNUAL REPORTS ON ENVIRONMENTAL ACTIVITIES. 
Section 2706 of title 10, United States Code, is amended by 
striking out "not later than 30 days" each place it appears in 
subsections (a), (b), (c), and (d) and inserting in lieu thereof "not 
later than 45 days". 
SEC. 326. SUBMARINE SOLID WASTE CONTROL. 
(a) SOLID WASTE DISCHARGE REQUIREMENTS.—Subsection (c)(2) 
of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 
1902) is amended— 
(1) in subparagraph (A), by adding at the end the following: 
"(iii) With regard to a submersible, nonplastic garbage that 
has been compacted and weighted to ensure negative buoy-
ancy."; and 
(2) in subparagraph (B)(ii), by striking out "subparagraph 
(A)(ii)" and inserting in lieu thereof "clauses (ii) and (iii) of 
subparagraph (A)". 
(b) CONFORMING AMENDMENT.—Subsection (e)(3)(A) of that sec-
tion is amended by striking out "garbage that contains more than 
the minimum amount practicable of. 
SEC. 327. ARCTIC MIUTARY ENVIRONMENTAL COOPERATION PRO-
GRAM. 
(a) ACTIVITIES UNDER PROGRAM.—(1) Subject to paragraph (2), 
activities under the Arctic Military Environmental Cooperation Pro-
gram of the Department of Defense shall include cooperative activi-
ties on environmental matters in the Arctic region with the military 
112 STAT. 1966 
PUBLIC LAW 105-261—OCT. 17, 1998 
departments and agencies of other countries, including the Russian 
Federation. 
(2) Activities under the Arctic Military Environmental Coopera-
tion Program may not include any activities for purposes for which 
funds for Cooperative Threat Reduction programs have been denied 
or are prohibited, including the purposes for which funds are prohib-
ited by section 1503 of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104^201; 110 Stat. 2732). 
(b) PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.— 
The Secretary of Defense shall submit to the congressional defense 
committees a report at least 15 days before the obligation of any 
funds for the Arctic Military Environmental Cooperation Program. 
Each such report shall specify— 
(1) the amount of the proposed obligation; 
(2) the activities for which the Secretary plans to obligate 
such funds; and 
(3) the terms of the implementing agreement between the 
United States and the foreign government concerning the activ-
ity to be undertaken, including the financial and other respon-
sibilities of each government. 
(c) AVAILABILITY OF FISCAL YEAR 1999 FUNDS.—(1) Of 
the 
amount authorized to be appropriated by section 301(5), $4,000,000 
shall be available for carrjdng out the Arctic Military Environmental 
Cooperation Program. 
(2) Amounts available for the Arctic Military Environmental 
Cooperation Program under paragraph (1) may not be obligated 
or expended for that Program until 45 days after the date on 
which the Secretary of Defense submits to the congressional defense 
committees a plan for the Program under paragraph (3). 
(3) The plan for the Arctic Military Environmental Cooperation 
Program under this paragraph shall include the following: 
(A) A statement of the overall goals and objectives of the 
Program. 
(B) A statement of the proposed activities under the Pro-
gram and the relationship of such activities to the national 
security interests of the United States. 
(C) An assessment of the compatibility of the activities 
set forth under subparagraph (B) with the purposes of the 
Cooperative Threat Reduction programs of the Department of 
Defense (including with any prohibitions and limitations 
applicable to such programs). 
(D) An estimate of the funding to be required and requested 
in future fiscal years for the activities set forth under subpara-
graph (B). 
(E) A proposed termination date for the Program. 
SEC. 328. SENSE OF CONGRESS REGARDING OIL SPILL PREVENTION 
TRAINING FOR PERSONNEL ON BOARD NAVY VESSELS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) There have been six significant oil spills in Puget Sound, 
Washington, in 1998, five at Puget Sound Naval Shipyard 
(including three from the U.S.S. Kitty Hawk, one from the 
U.S.S. Carl Vinson, and one from the U.S.S. Sacramento) and 
one at Naval Station Everett fi"om the U.S.S. Paul F. Foster. 
(2) Navy personnel on board vessels, and not shipyard 
employees, were primarily responsible for a majority of these 
oil spills at Puget Sound Naval Shipyard. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1967 
(3) Oil spills have the potential to damage the local environ-
ment, killing microscopic organisms, contributing to air pollu-
tion, harming plants and marine animals, and increasing over-
all pollution levels in Puget Sound. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of the Navy should take immediate action to signifi-
cantly reduce the risk of vessel oil spills, including the minimization 
of fuel oil transfers, the assurance of proper training and qualifica-
tions of all Naval personnel in occupations that may contribute 
to or minimize the risk of shipboard oil spills, and the improvement 
of liaison with local authorities concerning oil spill prevention and 
response activities. 
Subtitle D—Information Technology Issues 
SEC. 331. ADDITIONAL INFORMATION TECHNOLOGY RESPONSIBIL-
ITIES OF CHIEF INFORMATION OFFICERS. 
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States 
Code, is amended by adding at the end the following new section: 
^'§2223. Information technology: additional responsibilities 
of Chief Information Officers 
"(a) ADDITIONAL RESPONSIBILITIES OF CHIEF INFORMATION OFFI-
CER OF DEPARTMENT OF DEFENSE.—In addition to the responsibil-
ities provided for in chapter 35 of title 44 and in section 5125 
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1425), the Chief 
Information Officer of the Department of Defense shall— 
"(1) review and provide recommendations to the Secretary 
of Defense on Department of Defense budget requests for 
information technology and national security systems; 
"(2) ensure the interoperability of information technology 
and national security systems throughout the Department of 
Defense; 
"(3) ensure that information technology and national secu-
rity systems standards that will apply throughout the Depart-
ment of Defense are prescribed; and 
"(4) provide for the elimination of duplicate information 
technology and national security systems within and between 
the military departments and Defense Agencies. 
"(b) ADDITIONAL RESPONSIBILITIES OF CHIEF INFORMATION OFFI-
CER OF MILITARY DEPARTMENTS.—In addition to the responsibilities 
provided for in chapter 35 of title 44 and in section 5125 of the 
CUnger-Cohen Act of 1996 (40 U.S.C. 1425), the Chief Information 
Officer of a military department, with respect to the military depart-
ment concerned, shall— 
"(1) review budget requests for all information technology 
and national security systems; 
"(2) ensure that information technology and national secu-
rity systems are in compliance with standards of the Govern-
ment and the Department of Defense; 
"(3) ensure that information technology and national secu-
rity systems are interoperable with other relevant information 
technology and national security systems of the Government 
and the Department of Defense; and 
"(4) coordinate with the Joint Staff with respect to informa-
tion technology and national security systems. 
112 STAT. 1968 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'Chief Information Officer' means the senior 
official designated by the Secretary of Defense or a Secretary 
of a miUtary department pursuant to section 3506 of title 
44. 
"(2) The term 'information technology' has the meaning 
given that term by section 5002 of the Clinger-Cohen Act of 
1996(40U.S.C. 1401). 
"(3) The term 'national security system' has the meaning 
given that term by section 5142 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1452).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2223. Information technology: additional responsibilities of Chief Information 
Officers.". 
(b) EFFECTIVE DATE.—Section 2223 of title 10, United States 
Code, as added by subsection (a), shall take effect on October 
1, 1998. 
10 use 2451 
SEC. 332. DEFENSE-WIDE ELECTRONIC MALL SYSTEM FOR SUPPLY 
note. 
PURCHASES. 
(a) ELECTRONIC MALL SYSTEM DEFINED.—In this section, the 
term "electronic mall system" means an electronic system for 
displaying, ordering, and purchasing supplies and materiel available 
from sources within the Department of Defense and from the private 
sector. 
(b) DEVELOPMENT AND MANAGEMENT.—(1) Using systems and 
technology available in the Department of Defense as of the date 
of the enactment of this Act, the Joint Electronic Commerce Pro-
gram Office of the Department of Defense shall develop a single, 
defense-wide electronic mall system, which shall provide a single, 
defense-wide electronic point of entry and a single view, access, 
and ordering capability for all Department of Defense electronic 
catalogs. The Secretary of each military department and the head 
of each Defense Agency shall provide to the Joint Electronic Com-
merce Program Office the necessary and requested data to ensure 
compliance with this paragraph. 
(2) The Defense Logistics Agency, under the direction of the 
Joint Electronic Commerce Program Office, shall be responsible 
for maintaining the defense-wide electronic mall system developed 
under paragraph (1). 
(c) ROLE OF CHIEF INFORMATION OFFICER.—The Chief Informa-
tion Officer of the Department of Defense shall be responsible 
for— 
(1) overseeing the elimination of duplication and overlap 
among Department of Defense electronic catalogs; and 
(2) ensuring that such catalogs utilize technologies and 
formats compliant with the requirements of subsection (b). 
(d) IMPLEMENTATION.—^Within 180 days after the date of the 
enactment of this Act, the Chief Information Officer shall develop 
and provide to the congressional defense committees— 
(1) an inventory of all existing and planned electronic mall 
systems in the Department of Defense; and 
(2) a schedule for ensuring that each such system is compli-
ant with the requirements of subsection (b). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1969 
SEC. 333. PRIORITY FUNDING TO ENSURE YEAR 2000 COMPLIANCE 
OF INFORMATION TECHNOLOGY AND NATIONAL SECU-
RITY SYSTEMS. 
(a) FUNDS FOR COMPLETION OF YEAR 2000 CONVERSION.—^None 
of the funds authorized to be appropriated pursuant to this Act 
may (except as provided in subsection (b)) be obligated or expended 
on the development or modernization of any information technology 
or national security system of the Department of Defense in use 
by the Department of Defense (whether or not the system is a 
mission critical system) if the date-related data processing capabil-
ity of that system does not meet certification level la, lb, or 2 
(as prescribed in the April 1997 publication of the Department 
of Defense entitled 'Tear 2000 Management Plan"). 
(b) EXCEPTION FOR CERTAIN INFORMATION TECHNOLOGY AND 
NATIONAL SECURITY SYSTEMS.—The limitation in subsection (a) does 
not apply to an obligation or expenditure for an information tech-
nology or national security system that is reported to the Office 
of the Secretary of Defense by October 1, 1998, in accordance 
with the preparation instructions for the May 1998 Department 
of Defense quarterly report on the status of year 2000 compliance, 
if— 
(1) the obligation or expenditure is directly related to ensur-
ing that the reported system achieves year 2000 compliance; 
(2) the system is being developed and fielded to replace, 
before January 1, 2000, a noncompliant system or a system 
to be terminated in accordance with the May 1998 Department 
of Defense quarterly report on the status of year 2000 compli-
ance; or 
(3) the obligation or expenditure is required for a particular 
change that is specifically required by law or that is specifically 
directed by the Secretary of Defense. 
(c) UNALLOCATED REDUCTIONS OF FUNDS NOT TO APPLY TO 
MISSION CRITICAL SYSTEMS.—^Funds authorized to be appropriated 
pursuant to this Act for mission critical systems are not subject 
to any unallocated reduction of funds made by or otherwise 
applicable to funds authorized to be appropriated pursuant to this 
Act. 
(d) 
CURRENT 
SERVICES OPERATIONS NOT AFFECTED.—Sub-
section (a) does not prohibit the obligation or expenditure of funds 
for current services operations of information technology and 
national security systems. 
(e) WAIVER AUTHORITY.—^The Secretary of Defense may waive 
subsection (a) on a case-by-case basis with respect to an information 
technology or national security system if the Secretary provides 
the congressional defense committees with written notice of the 
waiver, including the reasons for the waiver and a timeline for 
the testing and certification of the system as year 2000 compliant. 
(f) REQUIRED REPORT.—(1) Not later than December 1, 1998, 
the Secretary of Defense shall submit to the congressional defense 
committees a report describing— 
(A) an executable strategy to be used throughout the 
Department of Defense to test information technology and 
national security systems for year 2000 compliance (to include 
functional capability tests and military exercises); 
(B) the plans of the Department of Defense for ensuring 
that adequate resources (such as testing facilities, tools, and 
112 STAT. 1970 
PUBLIC LAW 105-261—OCT. 17, 1998 
personnel) are available to ensure that all mission critical sys-
tems achieve year 2000 compliance; and 
(C) the criteria and process to be used to certify a system 
as year 2000 compliant. 
(2) The report shall also include— 
(A) an updated list of all mission critical systems; and 
(B) guidelines for developing contingency plans for the func-
tioning of each information technology or national security sys-
tem in the event of a year 2000 problem in any such system, 
(g) CAPABILITY CONTINGENCY PLANS.—Not later than December 
30, 1998, the Secretary of Defense shall have in place contingency 
plans to ensure continuity of operations for every critical mission 
or function of the Department of Defense that is dependent on 
an information technology or national security system. 
(h) INSPECTOR GENERAL EVALUATION.—The Inspector General 
of the Department of Defense shall selectively audit information 
technology and national security systems certified as year 2000 
compliant to evaluate the ability of systems to successfully operate 
during the actual year 2000, including the ability of the systems 
to access and transmit information from point of origin to point 
of termination. 
(i) DEFINITIONS.—For purposes of this section: 
(1) The term "information technology" has the meaning 
given that term in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
(2) The term "national security system" has the meaning 
given that term in section 5142 of such Act (40 U.S.C. 1452). 
(3) The term "development or modernization" has the mean-
ing given that term in paragraph E of section 180203 of the 
Department of Defense Financial Management Regulation 
(DOD 7000.14r-R), but does not include any matter covered 
by subparagraph 3 of that paragraph. 
(4) The term "current services" has the meaning given 
that term in paragraph C of section 180203 of the Department 
of Defense Financial Management Regulation (DOD 7000.14-
R). 
(5) The term "mission critical system" means an informa-
tion technology or national security system that is designated 
as mission critical in the May 1998 Department of Defense 
quarterly report on the status of year 2000 compliance. 
SEC. 334. EVALUATION OF YEAR 2000 COMPLIANCE AS PART OF TRAIN-
ING EXERCISES PROGRAMS. 
(a) REPORT ON EVALUATION PLAN.—^Not later than December 
15, 1998, the Secretary of Defense shall submit to Congress a 
plan for the execution of a simulated year 2000 as part of military 
exercises described in subsection (c) in order to evaluate, in an 
operational environment, the extent to which information tech-
nology and national security systems involved in those exercises 
will successfully operate during the actual year 2000, including 
the ability of those systems to access and transmit information 
from point of origin to point of termination. 
(b) EVALUATION OF COMPLIANCE IN SELECTED EXERCISES.— 
In conducting the military exercises described in subsection (c), 
the Secretary of Defense shall ensure that— 
(1) at least 25 of those exercises (referred to in this section 
as "year 2000 simulation exercises") are conducted so as to 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1971 
include a simulated year 2000 in accordance with the plan 
submitted under subsection (a); 
(2) at least two of those exercises are conducted by the 
commander of each unified or specified combatant command; 
and 
(3) all mission critical systems that are expected to be 
used if the Armed Forces are involved in a conflict in a major 
theater of war are tested in at least two exercises. 
(c) COVERED MILITARY EXERCISES.—A military exercise referred 
to in this section is a military exercise conducted by the Department 
of Defense, during the period beginning on January 1, 1999, and 
ending on September 30, 1999— 
(1) under the training exercises program known as the 
"CJCS Exercise Program"; 
(2) at the Naval Strike and Air Warfare Center, the Army 
National Training Center, or the Air Force Air Weirfare Center; 
or 
(3) as part of Naval Carrier Group fleet training or Marine 
Corps Expeditionary Unit training. 
(d) ALTERNATIVE TESTING METHOD.—In the case of an informa-
tion technology or national security system for which a simulated 
year 2000 test as part of a military exercise described in subsection 
(c) is not feasible or presents undue risk, the Secretary of Defense 
shall test the system using a functional end-to-end test or through 
a Defense Major Range and Test Facility Base. The Secretary 
shall include the plans for these tests in the plan required by 
subsection (a). Tests under this subsection are in addition to the 
25 tests required by subsection (b). 
(e) AUTHORITY FOR EXCLUSION OF SYSTEMS NOT CAPABLE OF 
PERFORMING RELIABLY IN YEAR 2000 SIMULATION.—(1) In carrying 
out a year 2000 simulation exercise, the Secretary of Defense may 
exclude a particular information technology or national security 
system from the year 2000 simulation phase of the exercise if 
the Secretary determines that the system would be incapable of 
performing reliably during the year 2000 simulation phase of the 
exercise. In such a case, the system excluded shall be replaced 
in accordance with the year 2000 contingency plan for the system. 
(2) If the Secretary of Defense excludes an information tech-
nology or national security system from the year 2000 simulation 
phase of an exercise as provided in paragraph (1), the Secretary 
shall notify Congress of that exclusion not later than two weeks 
before commencing that exercise. The notice shall include a list 
of each information technology or national security system excluded 
from the exercise, a description of how the exercise will use the 
year 2000 contingency plan for each such system, and a description 
of the effect that continued year 2000 noncompliance of each such 
system would have on military readiness. 
(3) An information technology or national security system with 
cr3rptological applications that is not capable of having its internal 
clock adjusted forward to a simulated later time is exempt from 
the year 2000 simulation phase of an exercise under this section. 
(f) COMPTROLLER GENERAL REVIEW.—Not later than January 
30, 1999, the Comptroller General shall review the report and 
plan submitted under subsection (a) and submit to Congress a 
briefing evaluating the methodology to be used under the plan 
to simulate the year 2000 and describing the potential information 
that will be collected as a result of implementation of the plan, 
112 STAT. 1972 
PUBLIC LAW 105-261—OCT. 17, 1998 
the adequacy of the planned tests, and the impact that the plan 
will have on military readiness. 
(g) DEFINITIONS.—^For the purposes of this section: 
(1) The term "information technology" has the meaning 
given that term in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
(2) The term "national security system" has the meaning 
given that term in section 5142 of such Act (40 U.S.C. 1452). 
(3) The term "mission critical system" means an informa-
tion technology or national security system that is designated 
as mission critical in the May 1998 Department of Defense 
quarterly report on the status of year 2000 compliance. 
SEC. 335. CONTINUITY OF ESSENTIAL OPERATIONS AT WSK OF FAIL-
URE BECAUSE OF INFORMATION TECHNOLOGY AND 
NATIONAL SECURITY SYSTEMS THAT ARE NOT YEAR 2000 
COMPLIANT. 
(a) REPORT REQUIRED.—Not later than March 31, 1999, the 
Secretary of Defense and the Director of Central Intelligence shall 
jointly submit to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representa-
tives a report on the plans of the Department of Defense and 
the intelligence community for ensuring the continuity of perform-
ance of essential operations that are at risk of failure because 
of information technology and national security systems that are 
not year 2000 compliant. 
(b) CONTENT.—^The report shall contain, at a minimum, the 
following: 
(1) A prioritization of mission critical systems to ensure 
that the most critical systems have the highest priority for 
efforts to reprogram information technology and national secu-
rity systems to be year 2000 compliant. 
(2) A discussion of the private and other public information 
and support systems relied on by the national security commu-
nity, including the intelligence community, and the efforts 
under way to ensure that those systems are year 2000 compli-
ant. 
(3) The efforts under way to repair the underlying operating 
systems and infrastructure. 
(4) The plans for comprehensive testing of Department 
of Defense systems, including simulated operational tests in 
mission areas. 
(5) A comprehensive contingency plan, for the entire 
national security community, which provides for resolving emer-
gencies resulting from a system that is not year 2000 compliant 
and includes provision for the creation of crisis action teams 
\ 
for use in resolving such emergencies. 
( 
(6) A discussion of the efforts undertaken to ensure the 
continued reliability of service on the systems used by the 
President and other leaders of the United States for commu-
nicating with the leaders of other nations. 
(7) A discussion of the vulnerability of allied armed forces 
i 
to the failure of systems that are not, or have critical compo-
, 
nents that are not, year 2000 compliant, together with an 
1 
assessment of the potential problems for interoperability among 
\ 
the Armed Forces of the United States and allied armed forces 
because of the potential for failure of such systems. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1973 
(8) An estimate of the total cost of making information 
technology and national security systems of the Department 
of Defense and the intelligence community year 2000 compliant. 
(9) The countries that have critical computer-based systems 
any disruption of which, due to not being year 2000 compliant, 
would cause a significant potential national security risk to 
the United States, 
(10) A discussion of the cooperative arrangements between 
the United States and other nations to assist those nations 
in identifying and correcting (to the extent necessary to meet 
national security interests of the United States) any problems 
in their communications and strategic systems, or other systems 
identified by the Secretary of Defense, that make the systems 
not year 2000 compliant. 
(IDA discussion of the threat posed to the national security 
interests of the United States from any potential failure of 
strategic systems of foreign countries that are not year 2000 
compliant. 
(c) INTERNATIONAL COOPERATIVE ARRANGEMENTS.—^The Sec-
retary of Defense, with the concurrence of the Secretary of State, 
may enter into a cooperative arrangement with a representative 
of any foreign government to provide for the United States to 
assist the foreign government in identifying and correcting (to the 
extent necessary to meet national security interests of the United 
States) any problems in communications, strategic, or other systems 
of that foreign government that render the systems not year 2000 
compliant. 
(d) DEFINITIONS.—In this section: 
(1) The term "year 2000 compliant", with respect to an 
information technology or national security system of the 
United States or a computer-based system of a foreign govern-
ment, means that the system correctly recognizes dates in 
years after 1999 as being dates after 1999 for the purposes 
of system functions for which the correct date is relevant to 
the performance of the functions, consistent with certification 
level la, lb, or 2 (as prescribed in the April 1997 publication 
of the Department of Defense entitled "Year 2000 Management 
Plan"). 
(2) The term "information technology" has the meaning 
given that term by section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
(3) The term "national security system" has the meaning 
given that term by section 5142 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1452). 
Subtitle E—Defense Infrastructure 
Support Improvement 
SEC. 341. CLARIFICATION OF DEFINITION OF DEPOT-LEVEL MAINTE-
NANCE AND REPAIR. 
Section 2460(a) of title 10, United States Code, is amended 
by inserting before the period at the end of the first sentence 
the following: "or the location at which the maintenance or repair 
is performed". 
112 STAT. 1974 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 
342. REPORTING AND ANALYSIS REQUIREMENTS BEFORE 
CHANGE OF COMMERCIAL AND INDUSTRIAL TYPE FUNC-
TIONS TO PRIVATE SECTOR PERFORMANCE. 
(a) IN GENERAL.—Section 2461 of title 10, United States Code, 
is amended— 
(1) by redesignating subsections (c) and (g) as subsections 
(g) and (h), respectively, and transferring subsection (g), as 
so redesignated, to appear after subsection (f); and 
(2) by striking out subsections (a) and (b) and inserting 
in lieu thereof the following new subsections: 
"(a) REPORTING AND ANALYSIS REQUIREMENTS AS PRECONDITION 
TO CHANGE IN PERFORMANCE.—^A commercial or industrial type 
function of the Department of Defense that, as of October 1, 1980, 
was being performed by Department of Defense civilian employees 
may not be changed to performance by the private sector until 
the Secretary of Defense fully complies with the reporting and 
analysis requirements specified in subsections (b) and (c). 
"(b) NOTIFICATION AND ELEMENTS OF ANALYSIS.—(1) Before 
commencing to analyze a commercial or industrial type function 
described in subsection (a) for possible change to performance by 
the private sector, the Secretary of Defense shall submit to Congress 
a report containing the following: 
"(A) The function to be analyzed for possible change. 
"(B) The location at which the function is performed by 
Department of Defense civilian employees. 
"(C) The number of civilian employee positions potentially 
affected. 
"(D) The anticipated length and cost of the analysis. 
"(E) A certification that a proposed performance of the 
commercial or industrial type function by persons who are 
not civilian employees of the Department of Defense is not 
a result of a decision by an official of a military department 
or Defense Agency to impose predetermined constraints or 
limitations on such employees in terms of man years, end 
strengths, full-time equivalent positions, or maximum number 
of employees. 
"(2) The duty to prepare a report under paragraph (1) may 
be delegated. A report prepared below the major command or claim-
ant level of a military department, or below the equivalent level 
in a Defense Agency, pursuant to any such delegation shall be 
reviewed at the major command, claimant level, or equivalent level, 
as the case may be, before submission to Congress. 
"(3) An analysis of a commercial or industrial type function 
for possible change to performance by the private sector shall 
include the following: 
"(A) An examination of the cost of performance of the 
function by Department of Defense civilian employees and by 
one or more private contractors to demonstrate whether change 
to performance by the private sector will result in savings 
to the Government over the life of the contract, including in 
the examination the following: 
"(i) The cost to the Government, estimated by the 
Secretary of Defense (based on offers received), for perform-
ance of the function by the private sector. 
"(ii) The estimated cost to the Grovemment of Depart-
ment of Defense civilian employees performing the function. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1975 
"(iii) In addition to the costs referred to in clause 
(i), an estimate of all other costs and expenditures that 
the Government would incur because of the award of such 
a contract. 
"(B) An examination of the potential economic effect of 
performance of the function by the private sector on the follow-
ing: 
"(i) Employees of the Department of Defense who would 
be affected by such a change in performance. 
"(ii) The local community and the Government, if more 
than 75 employees of the Department of Defense perform 
the function. 
"(C) An examination of the effect of performance of the 
function by the private sector on the military mission associated 
with the performance of the function. 
"(4)(A) A representative individual or entity at a facility where 
a commercial or industrial type function is analyzed for possible 
change in performance may submit to the Secretary of Defense 
an objection to the analysis on the grounds that the report required 
by paragraph (1) has not been submitted or that the certification 
required by paragraph (1)(E) is not included in the report submitted 
as a condition for the analysis. The objection shall be in writing 
and shall be submitted within 90 days after the following date: 
"(i) In the case of a failure to submit the report when 
required, the date on which the representative individual or 
an official of the representative entity authorized to pose the 
objection first knew or should have known of that failure. 
"(ii) In the case of a failure to include the certification 
in a submitted report, the date on which the report was submit-
ted to Congress. 
"(B) If the Secretary determines that the report required by 
paragraph (1) was not submitted or that the required certification 
was not included in the submitted report, the commercial or indus-
trial type function covered by the analysis to which objected may 
not be the subject of a solicitation of offers for, or award of, a 
contract until, respectively, the report is submitted or a report 
containing the certification in full compliance with the certification 
requirement is submitted. 
"(c) NOTIFICATION OF DECISION.—(1) If, 
as 
a result of 
the 
completion of the examinations under subsection (b)(3), a decision 
is made to change the commercial or industrial type function that 
was the subject of the analysis to performance by the private 
sector, the Secretary of Defense shall submit to Congress a report 
describing that decision. The report shall contain the following: 
"(A) An indication that the examinations required under 
subsection (b)(3) have been completed. 
"(B) The Secretar/s certification that the Grovemment cal-
culation of the cost of performance of the function by Depart-
ment of Defense civilian employees is based on an estimate 
of the most cost effective manner for performance of the function 
by Department of Defense civilian employees. 
"(C) The Secretary's certification that the examination 
required by subsection (b)(3XA) as part of the analysis dem-
onstrates that the performance of the function by the private 
sector will result in savings to the Government over the life 
of the contract. 
112 STAT. 1976 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(D) The Secretaries certification that the entire analysis 
is available for examination. 
"(E) A schedule for completing the change to performance 
of the function by the private sector. 
"(2) The change of the function to contractor performance may 
not begin until after the submission of the report required by 
this subsection.". 
(b) DEFINITION OF SMALL FUNCTION FOR WAIVER PURPOSES.— 
Subsection (d) of section 2461 of title 10, United States Code, 
is amended by striking out "20" and inserting in lieu thereof "50". 
(c) CONFORMING AMENDMENTS.—(1) Subsections (d) and (e) of 
section 2461 of title 10, United States Code, are amended by insert-
ing "and subsection (g)" after "Subsections (a) through (c)". 
(2) Subsections (e)(2) and (f)(1) of such section are amended 
by striking out "converted" and inserting in lieu thereof "changed". 
(3) Subsection (f)(2) of such section is amended by striking 
out "conversion" and inserting in lieu thereof "change". 
10 use 2461 
(d) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall take effect on the date of the enactment of this Act, but 
the amendments shall not apply with respect to a conversion of 
a function of the Department of Defense to performance by a private 
contractor concerning which the Secretary of Defense provided to 
Congress, before the date of the enactment of this Act, a notification 
under paragraph (1) of section 2461(a) of title 10, United States 
Code, as in effect on the day before the date of the enactment 
of this Act. 
SEC. 343. NOTIFICATIONS OF DETERMINATIONS OF MIUTARY ITEMS 
AS BEING COMMERCIAL ITEMS FOR PURPOSES OF THE 
EXCEPTION 
TO REQUIREMENTS 
REGARDING 
CORE 
LOGISTICS CAPABILITIES. 
(a) REQUIREMENT.—Section 2464 of title 10, United States Code, 
is amended by adding at the end the following: 
"(c) NOTIFICATION OF DETERMINATIONS REGARDING CERTAIN 
COMMERCIAL ITEMS.—^The first time that a weapon system or other 
item of military equipment described in subsection (a)(3) is deter-
mined to be a commercial item for the purposes of the exception 
contained in that subsection, the Secretary of Defense shall submit 
to Congress a notification of the determination, together with the 
justification for the determination. The justification for the deter-
mination shall include, at a minimum, the following: 
"(1) The estimated percentage of commonality of parts of 
the version of the item that is sold or leased in the commercial 
marketplace and the Government's version of the item. 
"(2) The value of any unique support and test equipment 
and tools that are necessary to support the military require-
ments if the item were maintained by the Government. 
"(3) A comparison of the estimated life cycle logistics sup-
port costs that would be incurred by the Government if the 
item were maintained by the private sector with the estimated 
life cycle logistics support costs that would be incurred by 
the Government if the item were maintained by the Govern-
ment.". 
10 use 2464 
(b) APPLICABILITY.—Subsection (c) of section 2464 of title 10, 
note. 
United States Code (as added by subsection (a)), shall apply with 
respect to determinations made after the date of the enactment 
of this Act. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1977 
SEC. 344. OVERSIGHT OF DEVELOPMENT AND IMPLEMENTATION OF 
10 USC 113 note. 
AUTOMATED IDENTIFICATION TECHNOLOGY. 
(a) DEFINITIONS.—In this section: 
(1) The term "automated identification technology program" 
means a program in the Department of Defense, including 
any pilot program, emplojdng one or miore of the following 
technologies: 
(A) Magnetic stripe, 
(B) Bar codes, both linear and two-dimensional (includ-
ing matrix s3mibologies). 
(C) Smart Card. 
(D) Optical memory. 
(E) Personal computer memor}^ card international 
association carriers. 
(F) Any other established or emerging automated 
identification technology, including biometrics and radio 
frequency identification. 
(2) The term "Smart Card" means a credit card size device 
that contains one or more integrated circuits. 
(b) 
ESTABLISHMENT OF AUTOMATED IDENTIFICATION 
TECH-
NOLOGY OFFICE.—(1) The Secretary of Defense shall establish an 
Automated Identification Technology Office within the Department 
of Defense that shall be responsible for— 
(A) overseeing the development and implementation of all 
automated identification technology programs in the Depart-
ment; and 
(B) coordinating automated identification technology pro-
grams with the Joint Staff, the Secretaries of the military 
departments, and the directors of the Defense Agencies. 
(2) After the date of the enactment of this Act, fiinds appro-
priated for the Department of Defense may not be obligated for 
an automated identification technology program unless the program 
has been reviewed and approved by the Automated Identification 
Technology Office, Pending the establishment of the Automated 
Identification Technology Office, the review and approval of a pro-
gram by the Smart Card Technology Office of the Defense Human 
Resources Field Activity of the Department of Defense shall be 
sufficient to satisfy the requirements of this paragraph even if 
the approval was given before the date of the enactment of this 
Act. 
(3) As part of its oversight responsibilities, the Automated 
Identification 
Technology 
Office 
shall 
establish 
standards 
designed— 
(A) to ensure the compatibility and interoperability of auto-
mated identification technology programs in the Department 
of Defense; and 
(B) to identify and terminate redundant, infeasible, or 
uneconomical automated identification technology programs. 
(c) FUNDING FOR INCREASED USE OF SMART CARDS.—(1) Of 
the funds available for the Navy for fiscal year 1999 for operation 
and maintenance, the Secretary of the Navy shall allocate sufficient 
amounts, up to $25,000,000, for the purpose of making significant 
progress toward ensuring that Smart Cards with a multi-applica-
tion, multi-technology automated reading capability are issued and 
used throughout the Navy and the Marine Corps for purposes 
for which Smart Cards are suitable. 
112 STAT. 1978 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) Not later than June 30, 1999, the Secretary of the Navy 
shall equip with Smart Card technology at least one carrier battle 
group, one carrier air wing, and one amphibious readiness group 
(including the Marine Corps units embarked on the vessels of 
such battle and readiness groups) in each of the United States 
Atlantic Command and the United States Pacific Command. 
(3) None of the funds appropriated pursuant to any authoriza-
tion of appropriations in this Act may be expended after June 
30, 1999, for the procurement of the Joint Uniformed Services 
Identification card for members of the Navy or the Marine Corps 
or for the issuance of such card to such members, until the Secretary 
of the Navy certifies in writing to the Committee on Armed Services 
of the Senate and the Committee on National Security of the 
House of Representatives that the Secretary has completed the 
issuance of Smart Cards in accordance with paragraph (2). 
(d) DEFENSE-WIDE PLAN.—Not later than March 31, 1999, the 
Secretary of Defense shall submit to the congressional defense 
committees a plan for the use of Smart Card technology by each 
military department. The Secretary shall include in the plan an 
estimate of the costs of the plan, the savings to be derived from 
carrying out the plan, and a description of the ways in which 
the Department of Defense will review and revise business practices 
to take advantage of Smart Card technology. 
SEC. 345. CONTRACTOR-OPERATED 
CIVIL ENGINEERING 
SUPPLY 
STORES PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) The term "contractor-operated civil engineering supply 
store" means a Government-owned facility that, as of the date 
of the enactment of this Act, is operated by a contractor under 
the contractor-operated civil engineering supply store program 
of the Department of the Air Force (known as the "COCESS 
program") for the purpose of— 
(A) maintaining inventories of civil engineering sup-
plies on behalf of a military department; and 
(B) furnishing such supplies to the department as 
needed. 
(2) The term "civil engineering supplies" means parts and 
supplies needed for the repair and maintenance of military 
installations. 
(b) FINDINGS.—Congress finds the following: 
(1) In 1970, the Strategic Air Command of the Air Force 
began to use contractor-operated civil engineering supply stores 
to improve the efficiency and effectiveness of materials manage-
ment and relieve the Air Force from having to maintain large 
inventories of civil engineering supplies. 
(2) Contractor-operated civil engineering supply stores are 
designed to support the civil engineering and public works 
efforts of the Araied Forces through the provision of quality 
civil engineering supplies at competitive prices and within a 
reasonable period of time. 
(3) Through the use of a contractor-operated civil engineer-
ing supply store, a guaranteed inventory level of civil engineer-
ing supplies is maintained at a military installation, which 
ensures that urgently needed civil engineering supplies are 
available on site. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1979 
(4) The contractor operating the contractor-operated civil 
engineering supply store is an independent business organiza-
tion whose customer is a military department and the Armed 
Forces and who is subject to all the rules of private business 
and the regulations of the Government. 
(5) The use of contractor-operated civil engineering supply 
stores ensures the best price and best buy for the Government. 
(6) Ninety-five percent of the cost savings realized through 
the use of contractor-operated civil engineering supply stores 
is due to savings in the cost of actually procuring supplies. 
(7) In the past 30 years, private contractors have never 
lost a cost comparison conducted pursuant to the criteria set 
forth in Office of Management and Budget Circular A-76 for 
the provision of civil engineering supplies to the Government. 
(c) 
CONDITIONS ON 
MULTI-FUNCTION CONTRACTS.—^A civil 
engineering supplies function that is performed, as of the date 
of the enactment of this Act, by a contractor-operated civil engineer-
ing supply store may not be combined with another supply function 
or any service function, including any base operating support func-
tion, for purposes of competition or contracting, until 60 days after 
the date on which the Secretary of Defense submits to Congress 
a report— 
(1) notifying Congress of the proposed combined competi-
tion or contract; and 
(2) explaining why a combined competition or contract is 
the best method by which to achieve cost savings and effi-
ciencies to the Government. 
(d) GAO REVIEWS.—^Not later than 50 days after the date 
on which the Secretary of Defense submits a report to Congress 
under subsection (c), the Comptroller General shall review the 
report and submit to Congress a briefing regarding whether the 
cost savings and efficiencies identified in the report are achievable. 
(e) RELATIONSHIP TO OTHER LAWS.—If a civil engineering sup-
plies function covered by subsection (c) is proposed for combination 
with a supply or service function that is subject to the study 
and reporting requirements of section 2461 of title 10, United 
States Code, the Secretary of Defense may include the report 
required under subsection (c) as part of the report under such 
section. 
SEC. 346. CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED 
10 USC 2464 
UNDER PRIME VENDOR CONTRACirS FOR DEPOT-LEVEL note. 
MAINTENANCE AND REPAIR. 
(a) CONDITIONS ON EXPANDED USE.—The Secretary of Defense 
or the Secretary of a military department, as the case may be, 
may not enter into a prime vendor contract for depot-level mainte-
nance and repair of a weapon system or other military equipment 
described in section 2464(a)(3) of title 10, United States Code, 
' 
before the end of the 30-day period beginning on the date on 
which the Secretary submits to Congress a report, specific to the 
proposed contract, that— 
(1) describes the competitive procedures to be used to award 
the prime vendor contract; and 
(2) contains an analysis of costs and benefits that dem-
onstrates that use of the prime vendor contract will result 
in savings to the Grovemment over the life of the contract. 
(b) DEFINITIONS.—In this section: 
112 STAT. 1980 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 2458 
note. 
Reports. 
(1) The term "prime vendor contract" means an innovative 
contract that gives a defense contractor the responsibiUty to 
manage, store, and distribute inventory, manage and provide 
services, or manage and perform research, on behalf of the 
Department of Defense on a frequent, regular basis, for users 
within the Department on request. The term includes contracts 
commonly referred to as prime vendor support contracts, flexi-
ble sustainment contracts, and direct vendor delivery contracts. 
(2) The term "depot-level maintenance and repair" has 
the meaning given such term in section 2460 of title 10, United 
States Code. 
(c) RELATIONSHIP TO OTHER LAWS.—Nothing in this section 
shall be construed to exempt a prime vendor contract from the 
requirements of section 2461 of title 10, United States Code, or 
any other provision of chapter 146 of such title. 
SEC. 347. BEST COMMERCIAL INVENTORY PRACTICES FOR MANAGE-
MENT OF SECONDARY SUPPLY ITEMS. 
(a) DEVELOPMENT AND SUBMISSION OF SCHEDULE.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of each military department shall submit to Congress 
a schedule for implementing within the military department, for 
secondary supply items managed by that military department, 
inventory practices identified by the Secretary as being the best 
commercial inventory practices for the acquisition and distribution 
of such supply items consistent with military requirements. The 
schedule shall provide for the implementation of such practices 
to be completed not later than five years after the date of the 
enactment of this Act. 
(b) DEFINITION.—For purposes of this section, the term "best 
commercial inventory practice" includes cellular repair processes, 
use of third-party logistics providers, and any other practice that 
the Secretary of the military department determines will enable 
the military department to reduce inventory levels while improving 
the responsiveness of the supply system to user needs. 
(c) GAO 
REPORTS ON MILITARY DEPARTMENT AND DEFENSE 
LOGISTICS AGENCY SCHEDULES.—(1) Not later than 240 days after 
the date of the enactment of this Act, the Comptroller General 
shall submit to Congress a report evaluating the extent to which 
the Secretary of each military department has complied with the 
requirements of this section. 
(2) Not later than 18 months after the date on which the 
Director of the Defense Logistics Agency submits to Congress a 
schedule for implementing best commercial inventory practices 
under section 395 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1718; 10 U.S.C. 
2458 note), the Comptroller General shall submit to Congress an 
evaluation of the extent to which best commercial inventory prac-
tices are being implemented in the Defense Logistics Agency in 
accordance with that schedule. 
SEC. 348. PERSONNEL REDUCTIONS IN ARMY MATERIEL COMMAND. 
Not later than March 31, 1999, the Comptroller General shall 
submit 
to 
the 
congressional 
defense 
committees 
a 
report 
concerning— 
(1) the effect that the quadrennial defense review's pro-
posed personnel reductions in the Army Materiel Command 
will have on workload and readiness if implemented; and 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1981 
(2) the projected cost savings from such reductions and 
the manner in which such savings are expected to be achieved. 
SEC. 349. INVENTORY MANAGEMENT OF IN-TRANSIT ITEMS. 
10 USC 2458 
(a) REQUIREMENT FOR PLAN.—Not later than March 1, 1999, 
the Secretary of Defense shall submit to Congress a comprehensive 
plan to ensure visibility over all in-transit end items and secondary 
items. 
(b) END ITEMS.—^The plan required by subsection (a) shall 
address the specific mechanisms to be used to enable the Depart-
ment of Defense to identify at any time the quantity and location 
of all end items. 
(c) SECONDARY ITEMS.—^The plan required by subsection (a) 
shall address the following problems with Department of Defense 
management of inventories of in-transit secondairy items: 
(1) The vulnerability of in-transit secondary items to loss 
through fraud, waste, and abuse. 
(2) Loss of oversight of in-transit secondary items, including 
any loss of oversight when items are being transported by 
commercial carriers. 
(3) Loss of accountability for in-transit secondary items 
due to either a delay of delivery of the items or a lack of 
notification of a delivery of the items. 
(d) CONTENT OF PLAN.—^The plan shall include for subsection 
(b) and for each of the problems described in subsection (c) the 
following information: 
(1) The actions to be taken by the Department. 
(2) Statements of objectives. 
(3) Performance measures and schedules. 
(4) An identification of any resources necessary for 
implementing the required actions, together with an estimate 
of the annual costs. 
(e) GAO REVIEWS.—(1) Not later than 60 days after the date 
on which the Secretary of Defense submits the plan to Congress, 
the Comptroller General shall review the plan and submit to Con-
gress any comments that the Comptroller General considers appro-
priate regarding the plan. 
(2) Ine Comptroller General shall monitor any implementation 
of the plan and, not later than 1 year after the date referred 
to in paragraph (1), submit to Congress an assessment of the 
extent to which the plan hks been implemented. 
SEC. 350. REVIEW OF DEFENSE AUTOMATED PRINTING SERVICE FUNC-
TIONS. 
(a) REVIEW REQUIRED.—^The Secretary of Defense shall provide 
for a review of the functions of the Defense Automated Printing 
Service in accordance with this section and shall submit to the 
Committee on Armed Services of the Senate and the Committee 
on National Security of the House of Representatives the matters 
required under subsection (f) not later than March 31, 1999. 
(b) PERFORMANCE BY INDEPENDENT ENTITY.—^The Secretary of 
Defense shall select the Greneral Accounting Ofiice, an experienced 
entity in the private sector, or any other entity outside the Depart-
ment of Defense to perform the review under this section. The 
Comptroller General shall perform the review if the Secretary 
selects the Comptroller General to do so. 
(c) CONSULTATION.—^Regardless of the entity selected by the 
Secretary under subsection (b) to perform the review, the entity 
112 STAT. 1982 
PUBLIC LAW 105-261—OCT. 17, 1998 
shall perform the review in consultation with persons in the private 
sector who have expertise and experience in performing in the 
private sector functions similar to the functions performed by the 
Defense Automated Printing Service. If such a person obtains any 
privileged information (as defined by the Secretary of Defense) 
as a result of participating in the review, the person may not 
receive a contract, either through the Department of Defense or 
the Government Printing Office, to provide services for the Depart-
ment of Defense similar to the functions performed by the Defense 
Automated Printing Service for a one-year period beginning on 
the date the report is submitted to the Secretary of Defense under 
subsection (e). 
(d) ELEMENTS OF REVIEW.—In performing the review under 
this section, the entity selected under subsection (b) shall specifi-
cally address the following: 
(1) The functions performed by the Defense Automated 
Printing Service. 
(2) The functions of the Defense Automated Printing Serv-
ice that are inherently national security functions and, as such, 
need to be performed within the Department of Defense. 
(3) The functions of the Defense Automated Printing Serv-
ice that are appropriate for transfer to another appropriate 
entity to perform, including a private sector entity. 
(4) The appropriate management structure of the Defense 
Automated Printing Service, the effectiveness of the current 
structure of the Defense Automated Printing Service in support-
ing current and future customer requirements, and any plans 
to address any deficiencies in supporting such requirements. 
(5) The current and future requirements of customers of 
the Defense Automated Printing Service. 
(6) The best business practices that are used by the Defense 
Automated Printing Service and other best business practices 
that could be used by the Defense Automated Printing Service. 
(7) Options for maximizing the Defense Automated Printing 
Service structure and services to provide the most cost effective 
service to its customers. 
(e) REPORT ON RESULTS OF REVIEW.—^The entity performing 
the review under this section shall submit to the Secretary of 
Defense a report that sets forth the results of the review. In addition 
to specifically addressing the matters specified in subsection (d), 
the report shall also include the following: 
(1) A list of all sites where functions of the Defense Auto-
mated Printing Service are performed by the Defense^ Auto-
mated Printing Service. 
(2) The total number of the personnel employed by the 
Defense Automated Printing Service and the locations where 
the personnel perform the duties as employees. 
(3) For each site identified under paragraph (1), an assess-
ment of each type of equipment at the site. 
(4) The types and explanation of the networking and tech-
nology integration linking all of the sites referred to in para-
graph (1). 
(5) For each function of the Defense Automated Printing 
Service determined to be an inherently national security func-
tion under subsection (d)(2), a detailed justification for the 
determination. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1983 
(6) For each function of the Defense Automated Printing 
Service determined to be appropriate for transfer under sub-
section (d)(3), a detailed assessment of the costs or savings 
associated with the transfer. 
(f) REVIEW AND COMMENTS OF SECRETARY OF DEFENSE.—<1) 
After reviewing the report submitted under subsection (e), the Sec-
retary of Defense shall submit the report to Congress. The Secretary 
shall include with the report the following: 
(1) The Secretary's comments and recommendations regard-
ing the report. 
(2) A plan to transfer to another appropriate entity, or 
contract with another appropriate entity for, the performance 
of the functions of the Defense Automated Printing Service 
that— 
(A) are not identified in the review as being inherently 
national security functions; and 
(B) the Secretary believes should be transferred or 
contracted for performance outside the Department of 
Defense in accordance with law. 
(3) Any recommended legislation and any administrative 
action that is necessary for transferring or contracting for the 
performance of the functions, 
(g) EXTENSION OF REQUIREMENT FOR COMPETITIVE PROCURE-
MENT OF SERVICES.—Section 351(a) of the National 
Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104r-106; 110 
Stat. 266), as amended by section 351(a) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104^-201; 110 
Stat. 2490) and section 387(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1713), 
is further amended by striking out "1998" and inserting in lieu 
thereof "1999". 
SEC. 351. DEVELOPMENT OF PLAN FOR ESTABLISHMENT OF CORE 
LOGISTICS CAPABILITIES FOR MAINTENANCE AND 
REPAIR OF C-17 AIRCRAFT. 
(a) PLAN REQUIRED.—^Not later than March 1, 1999, the Sec-
retary of the Air Force shall submit to Congress a plan for the 
establishment of the core logistics capabilities for the C-17 aircraft 
consistent with the requirements of section 2464 of title 10, United 
States Code. 
(b) EFFECT ON EXISTING CONTRACT.—After March 1, 1999, the 
Secretary of the Air Force may not extend the Interim Contract 
for the C-17 Flexible Sustainment Program before the end of the 
60-day period beginning on the date on which the plan required 
by subsection (a) is received by Congress. 
(c) COMPTROLLER GENERAL REVIEW.—During the period sped- Reports, 
fied in subsection (b), the Comptroller General shall review the 
plan required under subsection (a) and submit to Congress a report 
evaluating the merits of the plan. 
112 STAT. 1984 
PUBLIC LAW 105-261—OCT. 17, 1998 
Subtitle F—Commissaries and 
Nonappropriated Fund Instrumentalities 
SEC. 3
6
1
. 
CONTINUATION OF MANAGEMENT AND FUNDING OF 
DEFENSE 
COMMISSARY 
AGENCY 
THROUGH 
THE 
OFFICE 
OF 
THE 
SECRETARY 
OF 
DEFENSE. 
(a) MANAGEMENT AND FUNDING RESPONSIBILITIES.—Section 192 
of title 10, United States Code, is amended by adding at the end 
the following new subsection: 
"(d) SPECIAL RULE FOR DEFENSE COMMISSARY AGENCY.—^Not-
withstanding the results of any periodic review under subsection 
(c) with regard to the Defense Commissary Agency, the Secretary 
of Defense may not transfer to the Secretary of a military depart-
ment the responsibility to manage and fund the provision of services 
and supplies provided by the Defense Commissary Agency unless 
the transfer of the management and funding responsibility is specifi-
cally authorized by a law enacted after the date of the enactment 
of this subsection.". 
(b) GOVERNING BOARD.—Section 2482 of such title is amended 
by adding at the end the following new subsection: 
"(c) GOVERNING BOARD.—(1) Notwithstanding section 192(d) 
of this title, the Secretary of Defense shall establish a governing 
board for the commissary system to provide advice to the Secretary 
regarding the prudent operation of the commissary system and 
to assist in the overall supervision of the Defense Commissary 
Agency. The Secretary may authorize the board to have such super-
visory authority as the Secretary considers appropriate to permit 
the board to carry out its responsibilities. 
"(2) The Secretary of Defense shall determine the membership 
of the governing board, which shall include, at a minimum, appro-
priate representatives from each military department. 
"(3) The governing board shall be accountable only to the Sec-
retary of Defense and to the civilian officer of the Department 
of Defense who is assigned the responsibility for the overall super-
vision of the Defense Commissary Agency pursuant to section 192(a) 
Reports. 
of this title. The Director of the Defense Commissary Agency shall 
be accountable to and report to the board.". 
SEC. 362. EXPANSION OF CURRENT ELIGIBIUTY OF RESERVES FOR 
COMMISSARY BENEFITS. 
(a) DAYS OF ELIGIBILITY FOR READY RESERVE MEMBERS WITH 
50 CREDITABLE POINTS.—Section 1063 of title 10, United States 
Code, is amended— 
(1) by striking out subsection (b); and 
(2) in subsection (a)— 
(A) by striking out "(1)"; 
(B) by striking out "12 days of eligibility" and inserting 
in lieu thereof "24 days of eligibility'; and 
(C) by striking out "(2) Paragraph (1)" and inserting 
in lieu thereof "(b) EFFECT OF COMPENSATION OR TYPE 
OF DUTY.—Subsection (a)". 
(b) DAYS OF ELIGIBILITY FOR RESERVE RETIREES UNDER AGE 
60.—Section 1064 of such title is amended by striking out "for 
12 days each calendar year" and inserting in lieu thereof "for 
24 days each calendar year". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1985 
(c) ELIGIBILITY OF MEMBERS OF NATIONAI. GUARD SERVING IN 
FEDERALLY DECLARED DISASTER.—Chapter 54 of such title is 
amended by inserting after section 1063 the following new section: 
^§ 1063a. Use of commissary stores and MWR retail facilities: 
members of National Guard serving in federally 
declared disaster 
"(a) ELIGIBILITY OF MEMBERS.—A member of the National 
Guard who, although not in Federal service, is called or ordered 
to duty in response to a federally declared disaster shall be per-
mitted to use commissary stores and MWR retail facilities during 
the period of such duty on the same basis as members of the 
armed forces on active duty. 
"(b) ELIGIBILITY OF DEPENDENTS.—^A dependent of a member 
of the National Guard who is permitted under subsection (a) to 
use commissary stores and MWR retail facilities shall be permitted 
to use such stores and facilities, during the same period as the 
member, on the same basis as dependents of members of the armed 
forces on active duty. 
"(c) DEFINITIONS.—In this section: 
"(1) FEDERALLY DECLARED DiSASTER.~The term 'federally 
declared disaster' means a disaster or other situation for which 
a Presidential declaration of major disaster is issued under 
section 401 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170). 
"(2) MWR RETAIL FACILITIES.—The term 'MWR retail facili-
ties' has the meaning given that term in section 1065(e) of 
this title.". 
(d) SECTION HEADINGS.—(1) The heading of section 1063 of 
such title is amended to read as follows: 
"§ 1063. Use of commissary stores: members of Ready Reserve 
with at least 50 creditable points'*. 
(2) The heading of section 1064 of such title is amended to 
read as follows: 
''§ 1064. Use of commissary stores: persons qualifled for 
retired pay under chapter 1223 but under age 
60". 
(e) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 54 of such title is amended by striking out the 
items relating to sections 1063 and 1064 and inserting in lieu 
thereof the following items: 
"1063. Use of commissary stores: members of Ready Reserve with at least 50 
creditable points. 
"1063a. Use of commissary stores and MWR retail facilities: members of National 
Guard serving in federally declared disaster. 
"1064. Use of commissary stores: persons qualified for retired pay under chapter 
1223 but under age 60.". 
SEC. 363. COSTS PAYABLE TO THE DEPARTMENT OF DEFENSE AND 
OTHER FEDERAL AGENCIES FOR SERVICES PROVIDED 
TO THE DEFENSE COMMISSARY A G E N C Y . 
(a) LIMITATION.—Section 2482(b)(1) of title 10, United States 
Code, is amended by adding at the end the following: "However, 
the Defense Commissary Agency may not pay for any such service 
provided by the United States Transportation Command any 
amount that exceeds the price at which the service could be pro-
cured through full and open competition, as such term is defined 
112 STAT. 1986 
PUBLIC LAW 105-261—OCT. 17, 1998 
in section 4(6) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(6)).". 
10 use 2482 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
shall apply with respect to services provided or obtained on or 
after the date of the enactment of this Act. 
SEC. 364. COLLECTION OF DISHONORED CHECKS PRESENTED AT COM-
MISSARY STORES. 
Section 2486 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(g) COLLECTION OF DISHONORED CHECKS.—(1) The Secretary 
of Defense may impose a charge for the collection of a check accepted 
at a commissary store that is not honored by the financial institu-
tion on which the check is drawn. The imposition and amounts 
of charges shall be consistent with practices of commercial grocery 
stores regarding dishonored checks. 
"(2)(A) The following persons are liable to the United States 
for the amount of a check referred to in paragraph (1) that is 
returned unpaid to the United States, together with any charge 
imposed under that paragraph: 
"(i) The person who presented the check. 
"(ii) Any person whose status and relationship to the person 
who presented the check provide the basis for that person's 
eligibility to make purchases at a commissary store. 
"(B) Any amount for which a person is liable under subpara-
graph (A) may be collected by deducting and withholding such 
amount from any amounts payable to that person by the United 
States. 
"(3) Amounts collected as charges imposed under paragraph 
(1) shall be credited to the commissary trust revolving fund. 
"(4) Appropriated funds may be used to pay any costs incurred 
in the collection of checks and charges referred to in paragraph 
(1). An appropriation account charged a cost under the preceding 
sentence shall be reimbursed the amount of that cost out of funds 
in the commissary trust revolving fund. 
"(5) In this subsection, the term 'commissary trust revolving 
fund' means the trust revolving fund maintained by the Department 
of Defense for surcharge collections and proceeds of sales of com-
missary stores.". 
SEC. 365. RESTRICTIONS ON PATRON ACCESS TO, AND PURCHASES 
IN, OVERSEAS COMMISSARIES AND EXCHANGE STORES. 
(a) 
AUTHORITY TO IMPOSE 
RESTRICTIONS; LIMITATIONS ON 
AUTHORITY.—Chapter 147 of title 10, United States Code, is amend-
ed by adding at the end the following new section: 
''§2492. Overseas commissary and exchange stores: access 
and purchase restrictions 
"(a) GENERAL AUTHORITY.—(1) The Secretary of Defense may 
establish restrictions on the ability of eligible patrons of commissary 
and exchange stores located outside of the United States to purchase 
certain merchandise items (or the quantity of certain merchandise 
items) otherwise included within an authorized merchandise cat-
egory if the Secretary determines that such restrictions are nec-
essary to prevent the resale of such merchandise in violation of 
treaty obligations of the United States or host nation laws (to 
the extent such laws are not inconsistent with United States laws). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1987 
"(2) In establishing a quantity or other restriction, the 
Secretary— 
"(A) may not discriminate among the various categories 
of ehgible patrons of the commissary and exchange system; 
and 
"(B) shall ensure that the restriction is consistent with 
the purpose of the overseas commissary and exchange system 
to provide reasonable access for eligible patrons to purchase 
merchandise items made in the United States. 
"(b) CONTROLLED ITEM LISTS.—^For each location outside the 
United States that is served by the commissary system or the 
exchange system, the Secretary of Defense may maintain a list 
of controlled merchandise items, except that, after the date of 
the enactment of this section, the Secretary may not change the 
list to add a merchandise item unless, before making the change, 
the Secretary submits to Congress a notice of the proposed addition 
and the reasons for the addition of the item. 
"(c) ANNUAL REPORT.—^The Secretary of Defense shall submit 
to Congress an annual report describing the host nation laws and 
the treaty obligations of the United States, and the conditions 
within host nations, that necessitate the use of quantity or other 
restrictions on purchases in commissary and exchange stores located 
outside the United States.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2492. Overseas commissary and exchange stores: access and purchase restrictions.". 
SEC. 366. REPEAL OF REQUIREMENT FOR AIR FORCE TO SELL 
TOBACCO PRODUCTS TO ENLISTED PERSONNEL. 
(a) REPEAL.—Section 9623 of title 10, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 939 of such title is amended by striking out the 
item relating to section 9623. 
SEC. 367. PROHIBITION ON CONSOLIDATION OR OTHER ORGANIZA- 
10 USC 2482 
T I O N A L CHANGES OF DEPARTMENT OF DEFENSE RETAIL 
note. 
SYSTEMS. 
(a) DEFENSE RETAIL SYSTEMS DEFINED.—For purposes of this 
section, the term "defense retail systems" means the defense com-
missary system and exchange stores and other revenue-generating 
facilities operated by nonappropriated fund activities of the Depart-
ment of Defense for the morale, welfare, and recreation of members 
of the Armed Forces. 
(b) PROHIBITION.—^The operation and administration of the 
defense retail systems may not be consolidated or otherwise merged 
unless the consolidation or merger is specifically authorized by 
a law enacted after the date of the enactment of this Act. 
(c) EFFECT ON EXISTING STUDY.—Nothing in this section shall 
be construed to prohibit the study of defense retail systems, known 
as the "Joint Exchange Due Diligence Study", which is underway 
on the date of the enactment of this Act pursuant to a contract 
awarded by the Department of the Navy on April 21, 1998, except 
that any recommendation contained in the completed study regard-
ing the operation or administration of the defense retail systems 
112 STAT. 1988 
PUBLIC LAW 105-261—OCT. 17, 1998 
Regulations. 
Contracts. 
may not be implemented unless implementation of the recommenda-
tion is specifically authorized by a law enacted after the date 
of the enactment of this Act. 
SEC. 368. DEFENSE COMMISSARY AGENCY TELECOMMUNICATIONS. 
(a) USE OF F T S 2000/2001.—The Secretary of Defense shall 
prescribe in regulations authority for the Defense Commissary 
Agency to meet its telecommunication requirements by obtaining 
telecommunication services and related items under the FTS 2000/ 
2001 contract. 
(b) REPORT.—^Upon the initiation of telecommunication service 
for the Defense Commissary Agency under the FTS 2000/2001 con-
tract, the Secretary of Defense shall submit to Congress a notifica-
tion that the service has been initiated. 
(c) DEFINITION.—In this section, the term "FTS 2000/2001 con-
tract" means the contract for the provision of telecommunication 
services for the Federal Government that was entered into by 
the Defense Information Technology Contract Organization. 
SEC. 369. SURVEY OF COMMISSARY STORE PATRONS REGARDING 
SATISFACTION WITH COMMISSARY STORE MERCHAN-
DISE. 
(a) PATRON SURVEY.—^The Secretary of Defense shall enter into 
a contract with a commercial survey firm to conduct a survey 
of eligible patrons of the commissary store system to determine 
patron satisfaction with the merchandise sold in commissary stores, 
including patron views on product quality, prices, assortment, and 
such other matters as the Secretary considers appropriate. 
(b) SURVEY LOCATION.—^The survey shall be conducted at not 
less than three military installations in the United States of each 
of the Armed Forces (other than the Coast Guard). 
(c) REPORT ON RESULTS.—The survey shall be completed, and 
the results submitted to the Secretary of Defense, the Committee 
on Armed Services of the Senate, and the Committee on National 
Security of the House of Representatives, not later than February 
28, 1999. 
Subtitle G—Other Matters 
SEC. 371. ELIGIBILITY REQUIREMENTS FOR ATTENDANCE AT DEPART-
MENT 
OF 
DEFENSE 
DOMESTIC 
DEPENDENT 
ELEMENTARY AND SECONDARY SCHOOLS. 
(a) DEPENDENTS OF MEMBERS RESIDING IN CERTAIN AREAS.— 
Subsection (a) of section 2164 of title 10, United States Code, 
is amended— 
(1) by designating the first sentence as paragraph (1); 
(2) by designating the second sentence as paragraph (2); 
and 
(3) by adding at the end of paragraph (2) (as so designated) 
the following new sentence: "If a member of the armed forces 
is assigned to a remote location or is assigned to an unaccom-
panied tour of duty, a dependent of the member who resides, 
on or off a military installation, in a territory, commonwealth, 
or possession of the United States, as authorized by the mem-
bei^s orders, may be enrolled in an educational program pro-
vided by the Secretary under this subsection.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1989 
(b) 
WAIVER OF FIVE-YEAR 
ATTENDANCE LIMITATION.—Sub-
section (c)(2) of such section is amended by striking out subpara-
graph (B) and inserting in lieu thereof the following new subpara-
graph: 
"(B) At the discretion of the Secretary, a dependent referred 
to in subparagraph (A) may be enrolled in the program for more 
than five consecutive school years if the dependent is otherwise 
qualified for enrollment, space is available in the program, and 
the Secretary will be reimbursed for the educational services pro-
vided. Any such extension shall cover only one school year at 
a time.". 
(c) 
CUSTOMS SERVICE EMPLOYEE DEPENDENTS IN PUERTO 
RICO.—(1) Subsection (c)( 1) of such section is amended— 
(A) by inserting "(A)" after "(1)"; and 
(B) by adding at the end the following new subparagraph: 
"(B) A dependent of a United States Customs Service employee 
who resides in Puerto Rico, but not on a military installation, 
may enroll in an educational program provided by the Secretary 
pursuant to subsection (a) in Puerto Rico in accordance with the 
same rules as apply to a dependent of a Federal employee residing 
in permanent living quarters on a military installation.". 
(2) Subsection (c)(2) of such section is further amended by 
adding at the end the following new subparagraph: 
"(D) Subparagraph (A) shall not apply to a dependent covered 
by paragraph (1)(B). No requirement under this paragraph for 
reimbursement for educational services provided for the dependent 
shall apply with respect to the dependent, except that the Secretary 
may require the United States Customs Service to reimburse the 
Secretary for the cost of the educational services provided for the 
dependent.". 
(3) The amendments made by this subsection shall apply with Applicability. 
respect to academic years beginning on or after the date of the 10USC2164 
enactment of this Act. 
°°*®' 
SEC. 372. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENE-
FIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR 
FISCAL YEAR 1999.—Of the amount authorized to be appropriated 
pursuant to section 301(5) for operation and maintenance for 
Defense-wide activities— 
(1) $30,000,000 shall be available only for the purpose 
of providing educational agencies assistance (as defined in sub-
section (d)( 1)) to local educational agencies; and 
(2) $5,000,000 shall be available only for the purpose of 
making educational agencies payments (as defined in subsection 
(d)(2)) to local educational agencies. 
(b) NOTIFICATION.—Not later than June 30, 1999, the Secretary 
of Defense shall— 
(1) notify each local educational agency that is eligible 
for educational agencies assistance for fiscal year 1999 of that 
agency's eligibility for such assistance and the amount of such 
assistance for which that agency is eligible; and 
(2) notify each local educational agency that is eligible 
for an educational agencies payment for fiscal year 1999 of 
that agency's eligibility for such payment and the amount of 
the payment for which that agency is eligible. 
112 STAT. 1990 
PUBLIC LAW 105-261—OCT. 17, 1998 
(c) DISBURSEMENT OF FUNDS.—^The Secretary of Defense shall 
disburse funds made available under paragraphs (1) and (2) of 
subsection (a) not later than 30 days after the date on which 
notification to the eligible local educational agencies is provided 
pursuant to subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term "educational agencies assistance" means 
assistance authorized under section 386(b) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 20 U.S.C. 7703 note). 
(2) The term "educational agencies payments" means pay-
ments authorized under section 386(d) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
20 U.S.C. 7703 note). 
(3) The term "local educational agency" has the meaning 
given that term in section 8013(9) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 373. DEPARTMENT OF DEFENSE READINESS REPORTING SYSTEM. 
(a) ESTABLISHMENT OF SYSTEM.—(1) Chapter 2 of title 10, 
United States Code, is amended by inserting after section 116 
the following new section: 
'*§117. Readiness reporting system: establishment; reporting 
to congressional committees 
"(a) REQUIRED READINESS REPORTING SYSTEM.—The Secretary 
of Defense shall establish a comprehensive readiness reporting sys-
tem for the Department of Defense. The readiness reporting system 
shall measure in an objective, accurate, and timely manner the 
capability of the armed forces to carry out— 
"(1) the National Security Strategy prescribed by the Presi-
dent in the most recent annual national security strategy report 
under section 108 of the National Security Act of 1947 (50 
U.S.C. 404a); 
"(2) the defense planning guidance provided by the Sec-
retary of Defense pursuant to section 113(g) of this title; and 
"(3) the National Military Strategy prescribed by the Chair-
man of the Joint Chiefs of Staff. 
"(b) 
READINESS 
REPORTING 
SYSTEM 
CHARACTERISTICS.—In 
establishing the readiness reporting system, the Secretary shall 
ensure— 
"(1) that the readiness reporting system is applied uni-
formly throughout the Department of Defense; 
"(2) that information in the readiness reporting system 
is continually updated, with any change in the overall readiness 
status of a unit, an element of the training establishment, 
or an element of defense infrastructure, that is required to 
be reported as part of the readiness reporting system, being 
reported within 24 hours of the event necessitating the change 
in readiness status; and 
"(3) that sufficient resources are provided to establish and 
maintain the system so as to allow reporting of changes in 
readiness status as required by this section. 
"(c) CAPABILITIES.—^The readiness reporting system shall meas-
ure such factors relating to readiness as the Secretary prescribes, 
except that the system shall include the capability to do each 
of the following: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1991 
"(1) Measure, on a monthly basis, the capabiUty of units 
(both as elements of their respective armed force and as ele-
ments of joint forces) to conduct their assigned wartime mis-
sions. 
"(2) Measure, on a quarterly basis, the capability of training 
establishments to provide trained and ready forces for wartime 
missions. 
"(3) Measure, on a quarterly basis, the capability of defense 
installations and facilities and other elements of Department 
of Defense infrastructure, both in the United States and abroad, 
to provide appropriate support to forces in the conduct of their 
wartime missions. 
"(4) Measure, on a monthly basis, critical warflghting defi-
ciencies in unit capability. 
"(5) Measure, on a quarterly basis, critical warfighting 
deficiencies in training establishments and defense infrastruc-
ture. 
"(6) Measure, on a monthly basis, the level of current 
risk based upon the readiness reporting system relative to 
the capability of forces to carry out their wartime missions. 
"(d) QUARTERLY AND MONTHLY JOINT READINESS REVIEWS.— 
(1) The Chairman of the Joint Chiefs of Staff" shall— 
"(A) on a quarterly basis, conduct a joint readiness review; 
and 
"(B) on a monthly basis, review any changes that have 
been reported in readiness since the previous joint readiness 
review. 
"(2) The Chairman shall incorporate into both the joint readi-
ness review required under paragraph (1)(A) and the monthly 
review required under paragraph (1)(B) the current information 
derived from the readiness reporting system and shall assess the 
capability of the armed forces to execute their wartime missions 
based upon their posture at the time the review is conducted. 
The Chairman shall submit to the Secretary of Defense the results 
of each review under paragraph (1), including the deficiencies in 
readiness identified during that review. 
"(e) SUBMISSION TO CONGRESSIONAL COMMITTEES.—The Sec-
retary shall each month submit to the Committee on Armed Services 
and the Committee on Appropriations of the Senate and the 
Committee on National Security and the Committee on Appropria-
tions of the House of Representatives a report in writing containing 
the results of the most recent joint readiness review or monthly 
review conducted under subsection (d), including the current 
information derived from the readiness reporting system. Each such 
report shall be submitted in unclassified form and may, as the 
Secretary determines necessary, also be submitted in classified 
form. 
"(f) REGULATIONS.—^The Secretary shall prescribe regulations 
to carry out this section. In those regulations, the Secretary shall 
prescribe the units that are subject to reporting in the readiness 
reporting system, what type of equipment is subject to such report-
ing, and the elements of the training establishment and of defense 
infrastructure that are subject to such reporting.". 
59-194 O - 98 - 6: QL 3 Part 3 
112 STAT. 1992 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 116 
the following new item: 
"117. Readiness reporting system: establishment; reporting to congressional commit-
tees.". 
10 use 117 note. 
(b) IMPLEMENTATION.—The Secretary of Defense shall establish 
and implement the readiness reporting system required by section 
117 of title 10, United States Code, as added by subsection (a), 
so as to ensure that the capabilities required by subsection (c) 
of that section are attained not later than January 15, 2000. 
10 use 117 note. 
(c) IMPLEMENTATION PLAN.—^Not later than March 1, 1999, 
the Secretary of Defense shall submit to Congress a report setting 
forth the Secretary's plan for implementation of section 117 of 
title 10, United States Code, as added by subsection (a). 
10 u s e 482 note. 
(d) REPEAL OF QUARTERLY READINESS REPORT REQUIREMENT.— 
(1) Effective January 15, 2000, or the date on which the first 
report of the Secretary of Defense is submitted under section 117(e) 
of title 10, United States Code, as added by subsection (a), which-
ever is later, the Secretary of Defense shall cease to submit reports 
under section 482 of title 10, United States Code. 
(2) Effective June 1, 2001— 
(A) section 482 of title 10, United States Code, is repealed; 
and 
(B) the table of sections at the beginning of chapter 23 
of such title is amended by striking out the item relating 
to that section. 
SEC. 374. SPECIFIC EMPHASIS OF PROGRAM TO INVESTIGATE FRAUD, 
WASTE, AND ABUSE WITHIN DEPARTMENT OF DEFENSE. 
Section 392 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 10 U.S.C. 113 note) is amended 
by inserting before the period the following: "and any fraud, waste, 
and abuse occurring in connection with overpayments made to 
vendors by the Department of Defense, including overpayments 
identified under section 354 of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461 
note)". 
SEC. 375. CONDITION FOR PROVIDING FINANCIAL ASSISTANCE FOR 
SUPPORT OF ADDITIONAL DUTIES ASSIGNED TO THE 
ARMY NATIONAL GUARD. 
(a) COMPETITIVE SOURCE SELECTION.—Section 113(b) of title 
32, United States Code, is amended to read as follows: 
"(b) COVERED ACTIVITIES.—(1) Except as provided in paragraph 
(2), financial assistance may be provided for the performance of 
an activity by the Army National Guard under subsection (a) only 
if— 
"(A) the activity is carried out in the performance of a 
responsibility of the Secretary of the Army under paragraph 
(6), (10), or (11) of section 3013(b) of title 10; and 
"(B) the Army National Guard was selected to perform 
the activity under competitive procedures that permit all quali-
fied public-sector and private-sector sources to submit offers 
and be considered for selection to perform the activity on the 
basis of the offers. 
"(2) Paragraph (1)(B) does not apply to an activity that, on 
the date of the enactment of this subsection, was performed for 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1993 
the Federal Government by employees of the Federal Government 
or employees of a State.". 
(b) PROSPECTIVE APPLICABILITY.—Subsection (b)(1)(B) of section 
32 use ii3 note. 
113 of title 32, United States Code (as added by subsection (a) 
of this section), does not apply to— 
(1) financial assistance provided under that section before 
October 1, 1998; or 
(2) financial assistance for an activity that, before May 
9, 1998, the Secretary of the Army identified in writing as 
being under consideration for supporting with financial assist-
ance under that section. 
SEC. 376. DEMONSTRATION PROGRAM TO IMPROVE QUAUTY OF PER-
SONAL PROPERTY SHIPMENTS OF MEMBERS. 
(a) DEFINITION.—In this section, the term "current demonstra-
tion program" means the pilot program to improve the movement 
of household goods of members of the Armed Forces that is identi-
fied in the re-engineering pilot solicitation of the Military Traffic 
Management Command designated as DAMTO1-97-R-3001. 
(b) COMPLETION OF CURRENT DEMONSTRATION PROGRAM.—The 
Secretary of Defense shall complete the current demonstration pro-
gram to improve the quality of personal property shipments within 
the Department of Defense not later than October 1, 1999. 
(c) EVALUATIONS OF CURRENT AND ALTERNATIVE DEMONSTRA-
TIONS.—(1) Not later than August 31, 1999, the Secretary of Defense 
shall submit to Congress a report evaluating the following: 
(A) Whether the current demonstration program, as imple-
mented, meets the goals for the current demonstration program 
previously agreed upon between the Department of Defense 
and representatives of private sector entities involved in the 
transportation of household goods for members of the Armed 
Forces, as such goals are contained in the report of the 
Comptroller General designated as report "NSIAD 97-49". 
(B) Whether the demonstration program contained in the 
proposal prepared for the Secretary of Defense by private sector 
entities involved in the transportation of household goods for 
members of the Armed Forces as an alternative to the current 
demonstration program would, if implemented, be likely to 
meet the goals for the current demonstration program. 
(2) The Secretary shall also submit to Congress interim reports Reports, 
regarding the progress of the current demonstration program not 
later than January 15, 1999, and April 15, 1999. 
(d) PROHIBITION.—^The Secretary of Defense may not exercise 
any option with respect to the current demonstration program that 
would have the effect of extending the current demonstration pro-
gram after October 1, 1999, or otherwise continue the current 
demonstration program after that date, until the end of the 30-
day period beginning on the date on which the Secretary submits 
the report required under subsection (c)(1). 
SEC. 377. PILOT PROGRAM FOR ACCEPTANCE AND USE OF LANDING 
10 USC 113 note. 
FEES CHARGED FOR USE OF DOMESTIC MILITARY AIR-
FIELDS BY CIVIL AIRCRAFT. 
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of each mili-
tary department may carry out a pilot program during fiscal years 
1999 and 2000 to demonstrate the use of landing fees as a source 
of funding for the operation and maintenance of airfields of that 
112 STAT. 1994 
PUBLIC LAW 105-261—OCT. 17, 1998 
department. No fee may be charged under the pilot program for 
a landing after September 30, 2000. 
(b) UNIFORM LANDING FEES.—The Secretary of Defense shall 
prescribe the landing fees, which shall be uniform for the military 
departments, that may be imposed under a pilot program carried 
out under this section. 
(c) USE OF PROCEEDS.—^Amounts received for a fiscal year in 
payment of landing fees imposed under the pilot program for use 
of a military airfield shall be credited to the appropriation that 
is available for that fiscal year for the operation and maintenance 
of the military airfield, shall be merged with amounts in the appro-
priation to which credited, and shall be available for that military 
airfield for the same period and purposes as the appropriation 
is available. 
(d) REPORT.—Not later than March 31, 2000, the Secretary 
of Defense shall submit to Congress a report on the pilot programs 
carried out under this section by the Secretaries of the military 
departments. The report shall specify the amounts of fees received 
and retained by each military department under its pilot program 
as of December 31, 1999. 
SEC. 378. STRATEGIC PLAN FOR EXPANSION OF DISTANCE LEARNING 
INITIATIVES. 
(a) PLAN REQUIRED.—The Secretary of Defense shall develop 
a strategic plan for guiding and expanding distance learning initia-
tives within the Department of Defense. The plan shall provide 
for an expansion of such initiatives over five consecutive fiscal 
years beginning with fiscal year 2000. 
(b) CONTENT OF PLAN.—^The strategic plan shall contain, at 
a minimum, the following: 
(1) A statement of measurable goals and objectives and 
outcome-related performance indicators (consistent with section 
1115 of title 31, United States Code, relating to agency perform-
ance plans) for the development and execution of distance learn-
ing initiatives throughout the Department of Defense. 
(2) A detailed description of how distance learning initia-
tives are to be developed and managed within the Department 
of Defense. 
(3) An assessment of the estimated costs and the benefits 
associated with developing and maintaining an appropriate 
infrastructure for distance learning. 
(4) A statement of planned expenditures for the invest-
ments necessary to build and maintain that infrastructure. 
(5) A description of the mechanisms that are to be used 
to supervise the development and coordination of the distance 
learning initiatives of the Department of Defense. 
(c) RELATIONSHIP TO EXISTING INITIATIVE.—In developing the 
strategic plan, the Secretary may take into account the ongoing 
collaborative effort among the Department of Defense, other Federal 
agencies, and private industry that is known as the Advanced 
Distribution Learning initiative. However, the Secretary shall 
ensure that the strategic plan is specifically focused on the training 
and education goals and objectives of the Department of Defense. 
(d) SUBMISSION TO CONGRESS.—^The Secretary of Defense shall 
submit the strategic plan to Congress not later than March 1, 
1999. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1995 
SEC. 
379. 
PUBLIC AVAILABILITY 
OF 
OPERATING 
AGREEMENTS 
10USC2468 
BETWEEN MIUTARY INSTALLATIONS AND FINANCIAL 
note. 
INSTITUTIONS. 
With respect to an agreement between the commander of a 
military installation in the United States (or the designee of such 
an installation commander) and a financial institution that permits, 
allows, or otherwise authorizes the provision of financial services 
by the financial institution on the military installation, nothing 
in the terms or nature of such an agreement shall be construed 
to exempt the agreement from the provisions of sections 552 and 
552a of title 5, United States Code. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—^Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength levels. 
Sec. 403. Date for submission of annual manpower requirements report. 
Sec. 404. Additional exemption from percentage limitation on numoer of lieutenant 
generals and vice admirals. 
Sec. 405. Extension of authority for Chairman of the Joint Chiefs of Staff to des-
ignate up to 12 general and flag officer positions to be excluded from 
general and flag officer grade limitations. 
Sec. 406. Exception for Chief, National Guard Bureau, from limitation on number 
of officers above major general. 
Sec. 407. Limitation on daily average of personnel on active duty in grades E-8 and 
E-9. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Increase in number of members in certain grades authorized to serve on 
active duty in support of the reserves. 
Sec. 415. Consolidation of strength authorizations for active status Naval Reserve 
flag officers of the Navy Medical Department Staff Corps. 
Subtitle C—^Authorization of Appropriations 
Sec. 421. Authorization of appropriations for military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
10 USC 115 note. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 1999, as follows: 
(1) The Army, 480,000. 
(2) The Navy, 372,696. 
(3) The Marine Corps, 172,200. 
(4) The Air Force, 370,882. 
SEC. 402. REVISION IN PERMANENT END STRENGTH LEVELS. 
(a) REVISED END STRENGTH FLOORS.—Subsection (b) of section 
691 of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking out "495,000" and inserting 
in lieu thereof "480,000"; 
(2) in paragraph (2), by striking out "390,802" and inserting 
in lieu thereof "372,696"; 
(3) in paragraph (3), by striking out "174,000" and inserting 
in lieu thereof "172,200"; and 
112 STAT. 1996 
PUBLIC LAW 105-261—OCT. 17, 1998 
(4) in paragraph (4), by striking out "371,577" and inserting 
in lieu thereof "370,802". 
(b) REVISION TO FLEXIBILITY AUTHORITY FOR THE ARMY.—Sub-
section (e) of such section is amended by striking out "1 percent 
or, in the case of the Army, by not more than 1.5 percent," and 
inserting in heu thereof "0.5 percent.". 
10 use 691 note. 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect on October 1,1998. 
SEC. 403. DATE FOR SUBMISSION OF ANNUAL MANPOWER REQUIRE-
MENTS REPORT. 
Section 115a(a) of title 10, United States Code, is amended— 
(1) by striking out ", not later than February 15 of each 
fiscal year," in the first sentence; and 
(2) by striking out "The report shall be in writing and" 
in the second sentence and inserting in lieu thereof "The report, 
which shall be in writing, shall be submitted each year not 
later than 45 days after the date on which the President sub-
mits to Congress the budget for the next fiscal year under 
section 1105 of title 31. The report". 
SEC. 404. ADDITIONAL EXEMPTION FROM PERCENTAGE LIMITATION 
ON NUMBER OF UEUTENANT GENERALS AND VICE 
ADMIRALS. 
Section 525(b)(4XB) of title 10, United States Code, is amended 
by striking out "six" and inserting in lieu thereof "seven". 
SEC. 405. EXTENSION OF AUTHORITY FOR CHAIRMAN OF THE JOINT 
CHIEFS OF STAFF TO DESIGNATE UP TO 12 GENERAL 
AND FLAG OFFICER POSITIONS TO BE EXCLUDED FROM 
GENERAL AND FLAG OFFICER GRADE LIMITATIONS. 
Section 526(b)(2) of title 10, United States Code, is amended 
by striking out "October 1, 1998" and inserting in lieu thereof 
"October 1,2002". 
SEC. 406. EXCEPTION FOR CHIEF, NATIONAL GUARD BUREAU, FROM 
LIMITATION ON NUMBER OF OFFICERS ABOVE MAJOR 
GENERAL. 
Section 525(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(6) An officer while serving as Chief of the National Guard 
Bureau is in addition to the number that would otherwise be 
permitted for that officer's armed force for officers serving on active 
duty in grades above major general under paragraph (1).". 
SEC. 407. LIMITATION ON DAILY AVERAGE OF PERSONNEL ON ACTIVE 
DUTY IN GRADES E-8 AND E-0. 
(a) FISCAL YEAR BASIS FOR APPLICATION OF LIMITATION.—The 
first sentence of section 517(a) of title 10, United States Code, 
is amended— 
(1) by striking out "a calendar year" and inserting in lieu 
thereof "a fiscal yeai^; and 
(2) by striking out "January 1 of that year" and inserting 
in lieu thereof "the first day of that fiscal year". 
10 use 517 note. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 1999. 
PUBLIC LAW 105-261—OCT. 17, 1998 
Subtitle B—Reserve Forces 
112 STAT. 1997 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—^The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 1999, as follows: 
(1) The Army National Guard of the United States, 357,223. 
(2) The Army Reserve, 208,003. 
(3) The Naval Reserve, 90,843. 
(4) The Marine Corps Reserve, 40,018. 
(5) The Air National Guard of the United States, 106,992. 
(6) The Air Force Reserve, 74,243. 
(7) The Coast Guard Reserve, 8,000. 
(b) WAIVER AUTHORITY.—^The Secretary of Defense may vary 
an end strength authorized by subsection (a) by not more than 
2 percent. 
(c) ADJUSTMENTS.—^The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactoiy participation in training) without their 
consent at the end of the fiscal year. 
Whenever such units or such individual members are released 
from active duty during any fiscal year, the end strength prescribed 
for such fiscad year for the Selected Reserve of such reserve compo-
nent shall be proportionately increased by the total authorized 
strengths of such units and by the total number of such individual 
members. 
SEC. 412. 
END 
STRENGTHS 
FOR 
RESERVES 
ON 
ACTIVE 
DUTY 
IN 
SUP-
PORT 
OF 
THE 
RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 1999, the following number of Reserves to be serving 
on fiill-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 21,986. 
(2) The Army Reserve, 12,807. 
(3) The Naval Reserve, 15,590. 
(4) The Marine Corps Reserve, 2,362. 
(5) The Air National Guard of the United States, 10,931. 
(6) The Air Force Reserve, 992. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 1999 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army Reserve, 5,395. 
10 use 12001 
note. 
10 use 12001 
note. 
10 use 115 note. 
112 STAT. 1998 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) For the Army National Guard of the United States, 
23,125. 
(3) For the Air Force Reserve, 9,761. 
(4) For the Air National Guard of the United States, 22,408. 
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES 
AUTHORIZED TO SERVE ON ACTIVE DUTY IN SUPPORT 
OF THE RESERVES. 
(a) OFFICERS.—The table in section 12011(a) of title 10, United 
States Code, is amended to read as follows: 
"
^ 
Army 
Navy 
J^^^ 
^^^^^ 
Major or Lieutenant Commander 
3,219 
1,071 
791 
140 
Lieutenant Colonel or Commander 
1,524 
520 
713 
90 
Colonel or Navy Captain 
438 
188 
297 
30". 
(b) SENIOR ENLISTED MEMBERS.—The table in section 12012(a) 
of such title is amended to read as follows: 
"Grade 
Army 
Navy 
Air 
Force 
Marine 
Corps 
E-9 
E-8 
623 
2,585 
202 
429 
395 
997 
20 
94". 
10 use 12011 
(c) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall take effiect on October 1, 1998. 
SEC. 4
1
5
. 
CONSOLIDATION OF STRENGTH AUTHORIZATIONS FOR 
ACTIVE 
STATUS 
NAVAL 
RESERVE 
FLAG 
OFFICERS 
OF 
THE 
NAVY 
MEDICAL 
DEPARTMENT 
STAFF 
CORPS. 
Section 12004(c) of title 10, United States Code, is amended— 
(1) in the table in paragraph (1)— 
(A) by striking out the item relating to the Medical 
Corps and inserting in lieu thereof the following: 
"Medical Department staff corps 
9"; 
and 
(B) by striking out the items relating to the Dental 
Corps, the Nurse Corps, and the Medical Service Corps; 
and 
(2) by adding at the end the following: 
^'(4)(A) For the purposes of paragraph (1), the Medical Depart-
ment staff corps referred to in the table are as follows: 
"(i) The Medical Corps. 
"(ii) The Dental Corps. 
"(iii) The Nurse Corps. 
"(iv) The Medical Service Corps. 
"(B) Each of the Medical Department staff corps is authorized 
one rear admiral (lower half) within the strength authorization 
distributed to the Medical Department staff corps under paragraph 
(1). The Secretary of the Navy shall distribute the remainder of 
the strength authorization for the Medical Department staff corps 
under that paragraph among those staff corps as the Secretary 
determines appropriate to meet the needs of the Navy.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 1999 
Subtitle C—^Authorization of 
Appropriations 
SEC. 421. AUTHORIZATION 
OF APPROPRIATIONS 
FOR 
MIUTARY 
PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for miUtary personnel for fiscal year 1999 a total 
of $70,592,286,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 1999. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Codification of eligibility of retired officers and former officers for consider-
ation by special selection boards. 
Sec. 502. Involuntary separation pay denied for officer discharged for failure of 
selection for promotion requested by the officer. 
Sec. 503. Streamlined selective retention process for regular officers. 
Sec. 504. Permanent applicability of limitations on years of active naval service of 
Navy limited duty officers in grades of commander and captain. 
Sec. 505. Tenure of Chief of the Air Force Nurse Corps. 
Sec. 506. Grade of Air Force Assistant Surgeon General for Dental Services. 
Sec. 507. Review regarding allocation of Naval Reserve Officers' Training Corps 
scholarships among participating colleges and universities. 
Subtitle B—Reserve Component Matters 
Sec. 511. Use of Reserves for emergencies involving weapons of mass destruction. 
Sec. 512. Service recjuired for retirement of National Guard officer in higher grade. 
Sec. 513. Reduced time-in-grade requirement for reserve general and flag officers in-
voluntarily transferred from active status. 
Sec. 514. Active status service requirement for promotion consideration for Army 
and Air Force reserve component brigadier generals. 
Sec. 515. Composition of selective early retirement boards for rear admirals of the 
Naval Reserve and major generals of the Marine Corps Reserve. 
Sec. 516. Authority for temporary waiver for certain Army Reserve officers of bacca-
laureate degree requirement for promotion of reserve officers. 
Sec. 517. Furnishing of^burial flags for deceased members and former members of 
the Selected Reserve. 
Subtitle C—^Military Education and Training 
Sec. 521. Separate housing for male and female recruits during recruit basic train-
ing. 
Sec. 522. After-hours privacy for recruits during basic training. 
Sec. 523. Sense of the House of Representatives relating to small unit assignments 
by gender during recruit basic training. 
Sec. 524. Extension of reporting dates for Commission on Military Training and 
Gender-Related Issues. 
Sec. 525. Improved oversight of innovative readiness training. 
Subtitle D—Decorations, Awards, and Commendations 
Sec. 531. Study of new decorations for injury or death in line of duty. 
Sec. 532. Waiver of time limitations for award of certain decorations to certain 
persons. 
Sec. 533. Commendation and commemoration of the Navy and Marine Corps person-
nel who served in the United States Navy Asiatic Fleet from 1910-1942. 
Sec. 534. Appreciation for service during World War I and World War II by mem-
bers of the Navy assigned on board merchant ships as the Naval Armed 
Guai"d Service. 
Sec. 535. Sense of Congress regarding the heroism, sacrifice, and service of the mili-
tary forces of Soum Vietnam, other nations, and indigenous groups in 
connection with the United States Armed Forces during the Vietnam 
conflict. 
112 STAT. 2000 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 536. Sense of Congress regarding the heroism, sacrifice, and service of former 
South Vietnamese commandos in connection with United States Armed 
Forces during the Vietnam conflict. 
Sec. 537. Prohibition on members of Armed Forces entering correctional facilities to 
present decorations to persons who have committed serious violent 
felonies. 
Subtitle E—^Administration of Agencies Responsible for Review and 
Correction of Military Records 
Sec. 541. Personnel freeze. 
Sec. 542. Professional staff. 
Sec. 543. Ex parte communications. 
Sec. 544. Timeliness standards. 
Sec. 545. Scope of correction of military records. 
Subtitle F—Reports 
Sec. 551. Report on personnel retention. 
Sec. 552. Report on process for selection of members for service on courts-martial. 
Sec. 553. Report on prisoners transferred from United States Disciplinary Barracks, 
Fort Leavenworth, Kansas, to Federal Bureau of Prisons. 
Sec. 554. Review and report regarding the distribution of National Guard full-time 
support among the States. 
Subtitle G—Other Matters 
Sec. 561. Two-year extension of certain force drawdown transition authorities relat-
ing to personnel management and benefits. 
Sec. 562. Leave without pay for suspended academy cadets and midshipmen. 
Sec. 563. Continued eligibility under Voluntary Separation Incentive program for 
members who involuntarily lose membership in a reserve component. 
Sec. 564. Reinstatement of definition of financial institution in authorities for reim-
bursement of defense personnel for Government errors in direct deposit 
of pay. 
Sec. 565. Increase in maximum amount for College Fund program. 
Sec. 566. Central Identification Laboratory, Hawaii. 
Sec. 567. Military funeral honors for veterans. 
Sec. 568. Status in the Naval Reserve of cadets at the Merchant Marine Academy. 
Sec. 569. Repeal of restriction on civilian employment of enlisted members. 
Sec. 570. Transitional compensation for abused dependent children not residing with 
the spouse or former spouse of a member convicted of dependent abuse. 
Sec. 571. Pilot program for treating GED and home school diploma recipients as 
high school graduates for determinations of eligibility for enlistment in 
the Armed Forces. 
Sec. 572. Sense of Congress concerning New Parent Support Program and military 
families. 
Sec. 573. Advancement of Benjamin O. Davis, Junior, to grade of general on the 
retired list of the Air Force. 
Sec. 574. Sense of the House of Representatives concerning adherence by civilians 
in military chain of command to the standard of exemplary conduct re-
quired of commanding officers and others in authority in the Armed 
Forces. 
Subtitle A—Officer Personnel Policy 
SEC. 501. CODIFICATION OF ELIGIBILITY OF RETIRED OFFICERS AND 
FORMER OFFICERS FOR CONSIDERATION BY SPECIAL 
SELECTION BOARDS. 
(a) 
PERSONS NOT CONSIDERED BY PROMOTION BOARDS DUE 
TO ADMINISTRATIVE ERROR.—Subsection (a) of section 628 of title 
10, United States Code, is amended— 
(1) by striking out paragraph (1) (and the subsection des-
ignation at the beginning of that paragraph) and inserting 
in lieu thereof the following: 
"(a) 
PERSONS NOT CONSIDERED BY PROMOTION BOARDS DUE 
TO ADMINISTRATIVE E R R O R . ^ 1 ) If the Secretary of the military 
department concerned determines that because of administrative 
error a person who should have been considered for selection for 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2001 
promotion by a promotion board was not so considered, the Sec-
retary shall convene a special selection board under this subsection . 
to determine whether that person (whether or not then on active 
duty) should be recommended for promotion."; 
(2) in paragraph (2), by striking out "the officer as his 
record" in the first sentence and inserting in lieu thereof "the 
person whose name was referred to it for consideration as 
that record"; and 
(3) in paragraph (3), by striking out "an officer in a grade" 
and all that follows through "the officer" and inserting in lieu 
thereof "a person whose name was referred to it for consider-
ation for selection for appointment to a grade other than a 
general officer or flag officer grade, the person". 
(b) PERSONS CONSIDERED BY PROMOTION BOARDS IN UNFAIR 
MANNER.—Subsection (b) of such section is amended— 
(1) by striking out paragraph (1) and inserting in lieu 
thereof the following: 
"(b) PERSONS CONSIDERED BY PROMOTION BOARDS IN UNFAIR 
MANNER.—(1) If the Secretary of the military department concerned 
determines, in the case of a person who was considered for selection 
for promotion by a promotion board but was not selected, that 
there was material unfairness with respect to that person, the 
Secretary may convene a special selection board under this sub-
section to determine whether that person (whether or not then 
on active duty) should be recommended for promotion. In order 
to determine that there was material unfairness, the Secretary 
must determine that— 
"(A) the action of the promotion board that considered 
the person was contrary to law or involved material error 
of fact or material administrative error; or 
"(B) the board did not have before it for its consideration 
material information."; 
(2) in paragraph (2), by striking out "the officer as his 
record" in the first sentence and inserting in lieu thereof "the 
person whose name was referred to it for consideration as 
that record"; and 
(3) in paragraph (3)— 
(A) by striking out "an officer" and inserting in lieu 
thereof "a person"; and 
(B) by striking out "the officer" and inserting in lieu 
thereof "the person". 
(c) CONFORMING AMENDMENTS.—(1) Subsection (c) of such sec-
tion is amended— 
(A) by inserting "REPORTS OF BOARDS.—" after "(c)"; 
(B) by striking out "officer" both places it appears in para-
graph (1) and inserting in lieu thereof "person"; and 
(C) in paragraph (2), by adding the following new sentence 
at the end: "However, in the case of a board convened under 
this section to consider a warrant officer or former warrant 
officer, the provisions of sections 576(d) and 576(f) of this 
title (rather than the provisions of section 617(b) and 618 
of this title) apply to the report and proceedings of the board 
in the same manner as they apply to the report and proceedings 
of a selection board convened under section 573 of this title.". 
(2) Subsection (d)(1) of such section is amended— 
(A) by inserting "APPOINTMENT OF PERSONS SELECTED BY 
BOARDS.—" after "(d)"; 
112 STAT. 2002 
PUBLIC LAW 105-261—OCT. 17, 1998 
(B) by striking out "an officer" and inserting in lieu thereof 
"a person"; 
(C) by striking out "such officer" and inserting in lieu 
thereof "that person"; 
(D) by striking out "the next higher grade" the second 
place it appears and inserting in lieu thereof "that grade"; 
and 
(E) by adding at the end the following: "However, in the 
case of a board convened under this section to consider a 
warrant officer or former warrant officer, if the report of that 
board, as approved by the Secretary concerned, recommends 
that warrant officer or former warrant officer for promotion 
to the next higher grade, that person shall, as soon as prac-
ticable, be appointed to the next higher grade in accordance 
with provisions of section 578(c) of this title (rather than sub-
sections (b), (c), and (d) of section 624 of this title).". 
(3) Subsection (d)(2) of such section is amended— 
(A) by striking out "An officer who is promoted" and insert-
ing in lieu thereof "A person who is appointed"; 
(B) by striking out "such promotion" and inserting in lieu 
thereof "that appointment"; and 
(C) by adding at the end the following new sentence: "In 
the case of a person who is not on the active-duty list when 
appointed to the next higher grade, placement of that person 
on the active-duty list pursuant to the preceding sentence shall 
be only for purposes of determination of eligibility of that 
person for consideration for promotion by any subsequent spe-
cial selection board under this section.". 
(d) APPLICABILITY TO DECEASED PERSONS.—Subsection (e) of 
such section is amended to read as follows: 
"(e) DECEASED PERSONS.—If a person whose name is being 
considered for referral to a special selection board under this section 
dies before the completion of proceedings under this section with 
respect to that person, this section shall be applied to that person 
posthumously.". 
(e) RECODIFICATION OF ADMINISTRATIVE MATTERS.—Such sec-
tion is further amended by adding at the end the following: 
"(f) CONVENING OF BOARDS.—^A board convened under this 
section— 
"(1) shall be convened under regulations prescribed by the 
Secretary of Defense; 
"(2) shall be composed in accordance with section 612 of 
this title or, in the case of board to consider a warrant officer 
or former warrant officer, in accordance with section 573 of 
this title and regulations prescribed by the Secretary of the 
military department concerned; and 
"(3) shall be subject to the provisions of section 613 of 
this title. 
"(g) PROMOTION BOARD DEFINED.—In this section, the term 
'promotion board' means a selection board convened by the Secretary 
of a military department under section 573(a) or 611(a) of this 
title.". 
10 use 628 note. 
(f) RATIFICATION OF CODIFIED PRACTICE.—^The consideration 
by a special selection board convened under section 628 of title 
10, United States Code, before the date of the enactment of this 
Act of a person who, at the time of consideration, was a retired 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2003 
officer or former officer of the Armed Forces (including a deceased 
retired or former officer) is hereby ratified. 
SEC. 502. INVOLUNTARY SEPARATION PAY DENIED FOR OFFICER DIS-
CHARGED FOR FAILURE OF SELECTION FOR PROMOTION 
REQUESTED BY THE OFFICER. 
(a) INELIGIBILITY FOR SEPARATION PAY.—Section 1174(a) of title 
10, United States Code, is amended by adding at the end the 
following: 
"(3) Notwithstanding paragraphs (1) and (2), an officer dis-
charged under any provision of chapter 36 of this title for twice 
failing of selection for promotion to the next higher grade is not 
entitled to separation pay under this section if either (or both) 
of those failures of selection for promotion was by the action of 
a selection board to which the officer submitted a request in writing 
not to be selected for promotion or who otherwise directly caused 
his nonselection through written communication to the Board under 
section 614(b) of this title.". 
(b) REPORT OF SELECTION BOARD TO NAME OFFICERS REQUEST-
ING NONSELECTION.—Section 617 of such title is amended by adding 
at the end the following: 
"(c) A selection board convened under section 611(a) of this 
title shall include in its report to the Secretary concerned the 
name of any regular officer considered and not recommended for 
promotion by the board who submitted to the board a request 
not to be selected for promotion or who otherwise directly caused 
his nonselection through written communication to the Board under 
section 614(b) of this title.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
lo use 617 note, 
shall apply with respect to selection boards convened under section 
611(a) of title 10, United States Code, on or after the date of 
the enactment of this Act. 
SEC. 503. STREAMLINED SELECTIVE RETENTION PROCESS FOR REGU-
LAR OFFICERS. 
(a) REPEAL OF REQUIREMENT FOR DUPLICATIVE BOARD.—Section 
1183 of title 10, United States Code, is repealed. 
(b) CONFORMING AMENDMENTS.—(1) Section 1182(c) of such 
title is amended by striking out "send the record of proceedings 
to a board of review convened under section 1183 of this title" 
and inserting in lieu thereof "recommend to the Secretary concerned 
that the officer not be retained on active duty". 
(2) Section 1184 of such title is amended by striking out "board 
of review convened under section 1183 of this title" and inserting 
in lieu thereof "board of inquiry convened under section 1182 of 
this title". 
(c) CLERICAL AMENDMENTS.—(1) The heading for section 1184 
of such title is amended by striking out "review" and inserting 
in lieu thereof "inquiry". 
112 STAT. 2004 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) The table of sections at the beginning of chapter 60 of 
such title is amended by striking out the items relating to sections 
1183 and 1184 and inserting in lieu thereof the following: 
"1184. Removal of officer: action by Secretary upon recommendation of board of in-
quiry.". 
SEC. 504. PERMANENT APPUCABILITY OF UMITATIONS ON YEARS OF 
ACTIVE NAVAL SERVICE OF NAVY LIMITED DUTY OFFI-
CERS IN GRADES OF COMMANDER AND CAPTAIN. 
(a) COMMANDERS.—Section 633 of title 10, United States Code, 
is amended— 
(1) by striking out "Except an officer" and all that follows 
through "or section 6383 of this title applies" and inserting 
in lieu thereof "Except an officer of the Navy or Marine Corps 
who is an officer designated for limited duty to whom section 
5596(e) or 6383 of this title applies"; and 
(2) by striking out the second sentence. 
(b) CAPTAINS.—Section 634 of such title is amended— 
(1) by inserting "an officer of the Navy who is designated 
for limited duty to whom section 6383(a)(4) of this title applies 
and except" in the first sentence after "Except"; and 
(2) by striking out the second sentence. 
(c) YEARS OF ACTIVE NAVAL SERVICE.—Section 6383(a) of such 
title is amended by striking out paragraph (5). 
(d) LIMITATIONS ON SELECTIVE RETENTIONS.—Section 6383(k) 
of such title is amended by striking out the last sentence. 
SEC. 505. TENURE OF CmEF OF THE AIR FORCE NURSE CORPS. 
Section 8069(b) of title 10, United States Code, is amended 
by striking out ", but not for more than three years, and may 
not be reappointed to the same position" in the last sentence. 
SEC. 506. 
GRADE 
OF 
AIR 
FORCE 
ASSISTANT 
SURGEON 
GENERAL 
FOR 
DENTAL 
SERVICES. 
Section 8081 of title 10, United States Code, is amended— 
(1) in the first sentence, by striking out "msgor" and insert-
ing in lieu thereof "lieutenant colonel"; and 
(2) by striking out the second sentence and inserting in 
lieu thereof the following: "An appointee who holds a lower 
regular grade shall be appointed in the regular grade of briga-
dier general. The Assistant Sui^eon General for Dental Services 
serves at the pleasure of the Secretary.". 
10 use 2107 
SEC. 507. REVIEW REGARDING ALLOCATION OF NAVAL RESERVE OFFI-
note. 
CERS'TRAINING CORPS SCHOLARSHIPS AMONG PARTICI-
PATING COLLEGES AND UNIVERSITIES. 
(a) REVIEW.—^The Secretary of the Navy should review the 
process and criteria used to determine the number of Naval Reserve 
Officer Training Corps (NROTC) scholarship recipients who attend 
each college and imiversity participating in the NROTC program 
and how those scholarships are allocated to those schools. 
(b) 
PURPOSE 
OF 
REVIEW.—The 
review 
should 
seek 
to 
determine— 
(1) whether the method used by the Navy to allocate 
NROTC scholarships could be changed so as to increase the 
likelihood that scholarship awardees attend the school of their 
choice while maintaining the Navy's capability to attain the 
objectives of the Naval ROTC program to meet the annual 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2005 
requirement for newly commissioned Navy ensigns and Marine 
Corps second lieutenants, as well as the overall needs of the 
officer corps of the Department of the Navy; and 
(2) within the determination under paragraph (1), whether 
the likelihood of a scholarship awardee who wants to attend 
a school of choice in the student's State of residence can be 
increased. 
(c) MATTERS REVIEWED.—^The matters reviewed should include 
the following: 
(1) The factors and criteria considered in the process of 
determining the allocation of NROTC scholarships to host 
colleges and universities. 
(2) Historical data indicating the extent to which NROTC 
scholarship recipients attend colleges and universities they 
have indicated a preference to attend, as opposed to attending 
solely or mainly in order to receive an NROTC scholarship. 
(3) The extent to which the process used by the Navy 
to allocate NROTC scholarships to participating colleges and 
universities contributes to optimizing resources available for 
the operation of the NROTC program and improving the profes-
sional education of NROTC midshipmen. 
(4) The effects that eliminating the controlled allocation 
of scholarships to host colleges and universities, entirely or 
by State, would have on the NROTC program. 
(d) CONSULTATION REQUIREMENT.—^In carrying out a review 
under subsection (a), the Secretary should consult with officials 
of interested associations and of colleges and universities which 
host ROTC units and such other officials as the Secretary considers 
appropriate. 
Subtitle B—^Reserve Component Matters 
SEC. 511. USE OF RESERVES FOR EMERGENCIES INVOLVING WEAPONS 
OF MASS DESTRUCTION. 
(a) ORDER TO ACTIVE DUTY.—(1) Section 12304 of title 10, 
United States Code, is amended— 
(A) in subsection (a), by inserting "or that it is necessary 
to provide assistance referred to in subsection (b)" after "to 
augment the active forces for any operational mission"; 
(B) in subsection (b)— 
(i) by striking out "(b)" and inserting in lieu thereof 
"(c) LIMITATIONS.—<1)"; and 
(ii) by striking out ", or to provide" and inserting in 
lieu thereof "or, except as provided in subsection (b), to 
provide"; 
(C) by redesignating subsection (c) as paragraph (2); and 
(D) by inserting after subsection (a) the following new 
subsection (b): 
"(b) SUPPORT FOR RESPONSES TO CERTAIN EMERGENCIES.—The 
authority under subsection (a) includes authority to order a unit 
or member to active duty to provide assistance in responding to 
an emergency involving a use or threatened use of a weapon of 
mass destruction.". 
(2) Subsection (i) of such section is amended to read as follows: 
"(i) DEFINITIONS.—In this section: 
112 STAT. 2006 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(1) The term 'Individual Ready Reserve mobilization cat-
egory* means, in the case of any reserve component, the category 
of the Individual Ready Reserve described in section 10144(b) 
of this title. 
"(2) The term 'weapon of mass destruction' has the meaning 
given that term in section 1403 of the Defense Against Weapons 
of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).". 
(3) Such section is further amended— 
(A) in subsection (a), by inserting "AUTHORITY.—^" after 
"(a)"; 
(B) in subsection (d), by inserting 
"EXCLUSION FROM 
STRENGTH LIMITATIONS.—" after "(d)"; 
(C) in subsection (e), by inserting "POLICIES AND PROCE-
DURES.—" after "(e)"; 
(D) in subsection (f), by inserting 
"NOTIFICATION OF 
CONGRESS.—" after "(f)"; 
(E) in subsection (g), by inserting 
"TERMINATION OF 
DUTY.—" after "(g)"; and 
(F) in subsection (h), by inserting "RELATIONSHIP TO WAR 
POWERS RESOLUTION.—" after "(h)". 
(b) 
USE OF ACTIVE GUARD AND RESERVE 
PERSONNEL.—(1) 
Section 12310 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
"(c)(1) A Reserve on active duty as described in subsection 
(a), or a Reserve who is a member of the National Guard serving 
on full-time National Guard duty under section 502(f) of title 32 
in connection with functions referred to in subsection (a), may, 
subject to paragraph (3), perform duties in support of emergency 
preparedness programs to prepare for or to respond to any emer-
gency involving the use of a weapon of mass destruction (as defined 
in section 1403 of the Defense Against Weapons of Mass Destruction 
Act of 1996 (50 U.S.C. 2302(1))). 
"(2) The costs of the pay, allowances, clothing, subsistence, 
gratuities, travel, and related expenses for a Reserve performing 
duties under the authority of paragraph (1) shall be paid from 
the appropriation that is available to pay such costs for other 
members of the reserve component of that Reserve who are perform-
ing duties as described in subsection (a). 
"(3) A Reserve may perform duties described in paragraph 
(l)only— 
"(A) while assigned to the Department of Defense Con-
sequence Management Program Integration Office; or 
"(B) while assigned to a reserve component rapid assess-
ment element team and performing those duties within the 
geographical limits of the United States, its territories and 
possessions, the District of Columbia, and the Commonwealth 
of Puerto Rico. 
"(4) The number of Reserves on active duty who are performing 
duties described in paragraph (1) at the same time may not exceed 
228. Reserves on active duty who are performing duties described 
in paragraph (1) shall be counted against the annual end strength 
authorizations required by section 115(a)(1)(B) and 115(a)(2) of 
this title. The justification material for the defense budget request 
for a fiscal year shall identify the number and component of the 
Reserves programmed to be performing duties described in para-
graph (1) during that fiscal year. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2007 
"(5) A reserve component rapid assessment element team, and 
any Reserve assigned to such a team, may not be used to respond 
to an emergency described in paragraph (1) unless the Secretary 
of Defense has certified to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives that that team, or that Reserve, possesses the 
requisite skills, training, and equipment to be proficient in all 
mission requirements. 
"(6) If the Secretary of Defense submits to Congress any request 
for the enactment of legislation to modify the requirements of 
paragraph (3) or to increase the number of personnel authorized 
by paragraph (4), the Secretary shall provide with the request— 
"(A) justification for each such requested modification or 
for the requested additional personnel and explain the need 
for the increase in the context of existing or projected similar 
capabilities at the local. State, and Federal levels; and 
"(B) the Secretary's plan for sustaining the qualifications 
of the personnel and teams described in paragraph (3)(B).". 
(2) The Secretary of Defense may not submit to Congress earlier 
than 90 days after the date of the receipt by Congress of the 
report required by section 1411 of this Act a request for the enact-
ment of legislation to modify the requirements of paragraph (3), 
or to increase the number of personnel authorized by paragraph 
(4), of section 12310(c) of title 10, United States Code, as added 
by paragraph (1). 
SEC. 612. SERVICE REQUIRED FOR RETIREMENT OF NATIONAL GUARD 
OFFICER IN HIGHER GRADE. 
(a) REVISION OF REQUIREMENT.—Subparagraph (E) of section 
1370(d)(3) of title 10, United States Code, is amended to read 
as follows: 
"(E) To the extent authorized by the Secretary of the military 
department concerned, a person who, after having been found quali-
fied for Federal recognition in a higher grade by a board under 
section 307 of title 32, serves in a position for which that grade 
is the minimum authorized grade £ind is appointed as a reserve 
officer in that grade may be credited for the purposes of subpara-
graph (A) as having served in that grade. The period of the service 
for which credit is afforded under the preceding sentence may 
only be the period for which the person served in the position 
after the Senate provides advice and consent for the appointment.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) lo use 1370 
shall take effect on the date of the enactment of this Act and note, 
shall apply with respect to appointments to higher grades that 
take effect after that date. 
SEC. 513. REDUCED TIME-IN-GRADE REQUIREMENT FOR RESERVE 
GENERAL AND FLAG OFFICERS INVOLUNTARILY TRANS-
FERRED FROM ACTIVE STATUS. 
(a) MINIMUM SERVICE IN ACTIVE STATUS.—Section 1370(d)(3) 
of title 10, United States Code, as amended by section 511, is 
further amended by adding at the end the following new subpara-
graph: 
"(F) A person covered by subparagraph (A) who has completed 
at least six months of satisfactory service in a grade above colonel 
or (in the case of the Navy) captain and, while serving in an 
active status in such grade, is involuntarily transferred (other than 
for cause) from active status may be credited with satisfactory 
112 STAT. 2008 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 1370 
note. 
10 use 12205 
note. 
service in the grade in which serving at the time of such transfer, 
notwithstanding failure of the person to complete three years of 
service in that grade.". 
(b) EFFECTIVE DATE,—Subparagraph (F) of such section, as 
added by subsection (a), shall take effect on the date of the enact-
ment of this Act and shall apply with respect to transfers referred 
to in such subparagraph that are made on or after that date. 
SEC. 514. ACTIVE STATUS SERVICE REQUIREMENT FOR PROMOTION 
CONSIDERATION FOR ARMY AND AIR FORCE RESERVE 
COMPONENT BRIGADIER GENERALS. 
Section 14301 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
"(g) A reserve component brigadier general of the Army or 
the Air Force who is in an inactive status is eligible (notwithstand-
ing subsection (a)) for consideration for promotion to major general 
by a promotion board convened under section 14101(a) of this title 
if the officer— 
"(1) has been in an inactive status for less than 1 year 
as of the date of the convening of the promotion board; and 
"(2) had continuously served for at least 1 year on the 
reserve active status list or the active duty list (or a combination 
of both) immediately before the officer's most recent transfer 
to an inactive status.". 
SEC. 515. COMPOSITION OF SELECTIVE EARLY RETIREMENT BOARDS 
FOR REAR ADMIRALS OF THE NAVAL RESERVE AND 
MAJOR GENERALS OF THE MARINE CORPS RESERVE. 
(a) IN GENERAL.—Section 14705(b) of title 10, United States 
Code, is amended— 
(1) by inserting "(1)" after "(b) BOARDS.—"; and 
(2) by adding at the end the following: 
"(2) In the case of such a board convened to consider officers 
in the grade of rear admiral or major general, the Secretary of 
the Navy may appoint the board without regard to section 14102(b) 
of this title. In doing so, however, the Secretary shall ensure that— 
"(A) each regular commissioned officer appointed to the 
board holds a grade higher than the grade of rear admiral 
or major general; and 
"(B) at least one member of the board is a reserve officer 
who holds the grade of rear admiral or major general.". 
(b) TECHNICAL AMENDMENTS.—Paragraph (1) of such section, 
as designated by subsection (a)(1), is amended— 
(1) by inserting "of officers" after "consideration"; and 
(2) by inserting "continuation" after "shall convene a". 
SEC. 516. AUTHORITY FOR TEMPORARY WAIVER FOR CERTAIN ARMY 
RESERVE OFFICERS OF BACCALAUREATE DEGREE 
REQUIREMENT FOR PROMOTION OF RESERVE OFFICERS. 
(a) WAIVER AUTHORITY FOR ARMY O C S GRADUATES.—^The Sec-
retary of the Army may waive the applicability of section 12205(a) 
of title 10, United States Code, to any officer who before the date 
of the enactment of this Act was commissioned through the Army 
Officer Candidate School. Any such waiver shall be made on a 
case-by-case basis, considering the individual circumstances of the 
officer involved, and may continue in effect for no more than 2 
years after the waiver is granted. The Secretary may provide for 
PUBLIC LAW 10&-261—OCT. 17, 1998 
112 STAT. 2009 
such a waiver to be effective before the date of the waiver, as 
appropriate in an individual case. 
(b) EXPIRATION OF AUTHORITY.—A waiver under this section 
may not be granted after September 30, 2000. 
SEC. 517. FURNISHING OF BURIAL FLAGS FOR DECEASED MEMBERS 
AND FORMER MEMBERS OF THE SELECTED RESERVE. 
Section 2301 of title 38, United States Code, is amended by 
adding at the end the following new subsection: 
"(f)(1) The Secretary shall furnish a flag to drape the casket 
of each deceased member or former member of the Selected Reserve 
(as described in section 10143 of title 10) who is not otherwise 
eligible for a flag under this section or section 1482(a) of title 
10— 
"(A) who completed at least one enlistment as a member 
of the Selected Reserve or, in the case of an officer, completed 
the period of initial obligated service as a member of the 
Selected Reserve; 
"(B) who was discharged before completion of the person's 
initial enlistment as a member of the Selected Reserve or, 
in the case of an officer, period of initial obUgated service 
as a member of the Selected Reserve, for a disabiUty incurred 
or aggravated in line of duty; or 
"(C) who died while a member of the Selected Reserve. 
"(2) A flag may not be furnished under subparagraphs (A) 
or (B) of paragraph (1) in the case of a person whose last discharge 
from service in tne Armed Forces was under conditions less favor-
able than honorable. 
"(3) After the burial, a flag furnished under paragraph (1) 
shall be given to the next of kin or to such other person as the 
Secretary considers appropriate.". 
Subtitle C—^Military Education and 
Training 
SEC. S21. SEPARATE HOUSING FOR MALE AND FEMALE RECRUITS DURr 
ING RECRUIT BASIC TRAINING. 
(a) ARMY.—(1) Chapter 401 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§4319. Recruit basic training: separate housing for male 
and female recruits 
"(a) PHYSICALLY SEPARATE HOUSING.—(1) The Secretary of the 
Army shall provide for housing male recruits and female recruits 
separately and securely from each other during basic training. 
"(2) To meet the requirements of paragraph (1), the sleeping 
areas and latrine areas provided for male recruits shall be physically 
separated from the sleeping areas and latrine areas provided for 
female recruits by permanent walls, and the areas for male recruits 
and the areas for female recruits shall have separate entrances. 
"(3) The Secretary shall ensure that, when a recruit is in 
an area referred to in paragraph (2), the area is supervised by 
one or more persons who are authorized and trained to supervise 
the area. 
"(b) ALTERNATIVE SEPARATE HOUSING.—If male recruits and 
female recruits cannot be housed as provided under subsection 
112 STAT. 2010 
PUBLIC LAW 105-261—OCT. 17, 1998 
(a) by October 1, 2001, at a particular installation, the Secretary 
of the Army shall require (on and after that date) that male recruits 
in basic training at such installation be housed in barracks or 
other troop housing facilities that are only for males and that 
female recruits in basic training at such installation be housed 
in barracks or other troop housing facilities that are only for 
females. 
"(c) CONSTRUCTION PLANNING.—In planning for the construction 
of housing to be used for housing recruits during basic training, 
the Secretary of the Army shall ensure that the housing is to 
be constructed in a manner that facilitates the housing of male 
recruits and female recruits separately and securely from each 
other. 
"(d) BASIC TRAINING DEFINED.—In this section, the term 'basic 
training* means the initial entry training program of the Army 
that constitutes the basic training of new recruits.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4319. Recruit basic training: separate housing for male and female recruits.". 
10 use 4319 
(3) The Secretary of the Army shall implement section 4319 
"ote. 
of title 10, United States Code, as added by paragraph (1), as 
rapidly as feasible and shall ensure that the provisions of that 
section are applied to all recruit basic training classes beginning 
not later than the first such class that enters basic training on 
or after April 15, 1999. 
(b) NAVY AND MARINE CORPS.—(1) Part III of subtitle C of 
title 10, United States Code, is amended by inserting after chapter 
601 the following new chapter: 
"CHAPTER 602—TRAINING GENERALLY 
"Sec. 
"6931. Recruit basic training: separate housing for male and female recruits. 
"§6931. Recruit basic training: separate housing for male 
and female recruits 
"(a) PHYSICALLY SEPARATE HOUSING.—(1) The Secretary of the 
Navy shall provide for housing male recruits and female recruits 
separately and securely from each other during basic training. 
"(2) To meet the requirements of paragraph (1), the sleeping 
areas and latrine areas provided for male recruits shall be physically 
separated from the sleeping areas and latrine areas provided for 
female recruits by permanent walls, and the areas for male recruits 
and the areas for female recruits shall have separate entrances. 
"(3) The Secretary shall ensure that, when a recruit is in 
an area referred to in paragraph (2), the area is supervised by 
one or more persons who are authorized and trained to supervise 
the area. 
"(b) ALTERNATIVE SEPARATE HOUSING.—If male recruits and 
female recruits cannot be housed as provided under subsection 
(a) by October 1, 2001, at a particular installation, the Secretary 
of the Navy shall require (on and after that date) that male recruits 
in basic training at such installation be housed in barracks or 
other troop housing facilities that are only for males and that 
female recruits in basic training at such installation be housed 
in barracks or other troop housing facilities that are only for 
females. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2011 
"(c) CONSTRUCTION PLANNING.—In planning for the construction 
of housing to be used for housing recruits during basic training, 
the Secretary of the Navy shall ensure that the housing is to 
be constructed in a manner that facilitates the housing of male 
recruits and female recruits separately and securely from each 
other. 
"(d) BASIC TRAINING DEFINED.—In this section, the term 'basic 
training' means the initial entry training programs of the Navy 
and Marine Corps that constitute the basic training of new 
recruits.". 
(2) The tables of chapters at the beginning of subtitle C, and 
at the beginning of part III of subtitle C, of such title are amended 
by inserting after the item relating to chapter 601 the following 
new item: 
"602. Training Generally 
6931". 
(3) The Secretary of the Navy shall implement section 6931 10USC6931 
of title 10, United States Code, as added by paragraph (1), as "ote. 
rapidly as feasible and shall ensure that the provisions of that 
section are applied to all recruit basic training classes beginning 
not later than the first such class that enters basic training on 
or after April 15, 1999. 
(c) AIR FORCE.—(1) Chapter 901 of title 10, United States 
Code, is amended by adding at the end the following new section: 
'^$9319. Recruit basic training: separate housing for male 
and female recruits 
"(a) PHYSICALLY SEPARATE HOUSING.—(1) The Secretary of the 
Air Force shall provide for housing male recruits and female recruits 
separately and securely from each other during basic training. 
"(2) To meet the requirements of paragraph (1), the sleeping 
areas and latrine areas provided for male recruits shall be physically 
separated from the sleeping areas and latrine areas provided for 
female recruits by permanent walls, and the areas for male recruits 
and the areas for female recruits shall have separate entrances. 
"(3) The Secretary shall ensure that, when a recruit is in 
an area referred to in paragraph (2), the area is supervised by 
one or more persons who are authorized and trained to supervise 
the area. 
"(b) ALTERNATIVE SEPARATE HOUSING.—If male recruits and 
female recruits cannot be housed as provided under subsection 
(a) by October 1, 2001, at a particular installation, the Secretary 
of the Air Force shall require (on and after that date) that male 
recruits in basic training at such installation be housed in barracks 
or other troop housing facilities that are only for males and that 
female recruits in basic training at such installation be housed 
in barracks or other troop housing facilities that are only for 
females. 
"(c) CONSTRUCTION PLANNING.—In planning for the construction 
of housing to be used for housing recruits during basic training, 
the Secretary of the Air Force shall ensure that the housing is 
to be constructed in a manner that facilitates the housing of male 
recruits and female recruits separately and securely from each 
other. 
"(d) BASIC TRAINING DEFINED.—In this section, the term 'basic 
training' means the initial entry training program of the Air Force 
that constitutes the basic training of new recruits.". 
112 STAT. 2012 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) The table of sections at the beginning of such chapter-
is amended by adding at the end the following new item: 
"9;n9. Iteciiiit basic tiainin{i;: separate housing; for male and ("eiiiale recruits.". 
1
0 use 9319 
(3) The Secretary of the Air Force shall implement section 
nolo. 
9319 of title 10, United States Code, as added by paragraph (1), 
as rapidly as feasible and shall ensure that the provisions of that 
section are applied to all recruit basic training classes beginning 
not later than the first such class that enters basic training on 
or after April 15, 1999. 
(d) GAO 
RKVIKW OK COSTS OK SKI'AKATK HOUSINO FACMMTIKS 
K
O
H MALK AND FKMALK RKCHUITS DuKiNO Ri<:ciiiJiT BASICS TRAIN-
INO.—Not later than March 1, 1999, the Comptroller General shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on National Security of the House of Representatives 
a report on the costs that would be incurred by each of the military 
departments if required to provide housing for male and female 
recruits during basic training in separate structures. The report 
shall be prepared separately for each of the Army, Navy, and 
Air Force and shall be based on reviews and cost analyses prepared 
independently of the Department of Defense. 
SFA\ 522. AFTER-HOUllS FllIVAC^Y FOR RKCRUITS l)URIN(J RASIC 
TRAININC;. 
(a) ARMY.—(1) Chapter 401 of title 10, United States Code, 
is amended by adding after section 4319, as added by section 
521(a)(1), the following new section: 
"$ 4320. Recruit basic training: privacy 
"The Secretary of the Army shall require that access by drill 
sergeants and other training personnel to a living area in which 
recruits are housed during basic training shall be limited after 
the end of the training day, other than in the case of an emergency 
or other exigent circumstance, to drill sergeants and other training 
personnel who are of the same sex as the recruits housed in that 
living area or to superiors in the chain of command of those recruits 
who, if not of the same sex as the recruits housed in that living 
area, are accompanied by a member (other than a recruit) who 
is of the same sex as the recruits housed in that living area.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 4319, 
as added by section 521(a)(2), the following new item: 
"4320. Recruit basic training: privacy.". 
10 use 4320 
(3) The Secretary of the Army shall implement section 4320 
note. 
of title 10, United States Code, as added by paragraph (1), as 
rapidly as feasible and shall ensure that the provisions of that 
section are applied to all recruit basic training classes beginning 
not later than the first such class that enters basic training on 
or after April 15, 1999. 
(b) NAVY.—(1) Chapter 602 of title 10, United States Code, 
as added by section 521(b)(1), is amended by adding at the end 
the following new section: 
"$ 6932. Recruit basic training: privacy 
"The Secretary of the Navy shall require that access by recruit 
division commanders and other training personnel to a living area 
PUBLIC LAW 105-261—OCrr. 17, 1998 
112 STAT. 2013 
in which Navy recruits are housed during basic training shall 
be limited after the end of the training day, other than in the 
case of an emergency or other exigent circumstance, to recruit 
division commanders and other training persoimel who are of the 
same sex as the recruits housed in that living area or to superiors 
in the chain of command of those recruits who, if not of the same 
sex as the recruits housed in that living area, are accompanied 
by a member (other than a recruit) who is of the same sex as 
the recruits housed in that living area.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"(>9,'J2. Ilcciiiit basic trainintj: privacy.". 
(3) The Secretary of the Navy shall implement section 6932 
1
0 US(l(>9;J2 
of title 10, United States Code, as added by paragraph (1), as "
«
>
'
^
* 
rapidly as feasible and shall ensure that the provisions of that 
section are applied to all recruit basic training classes beginning 
not later than the first such class that enters basic training on 
or after April 15, 1999. 
(c) AlU FoiUM<:.—(1) Chapter 901 of title 10, United States 
Code, is amended by adding after section 9319, as added by section 
521(c)(1), the following new section: 
"§ 9320. Recruit basic training: privacy 
"The Secretary of the Air Force shall require that access by 
military training instructors and other training personnel to a 
living area in which recruits are housed during basic training 
shall be limited after the end of the training day, other than 
in the case of an emergency or other exigent circumstance, to 
military training instructors and other training personnel who are 
of the same sex as the recruits housed in that living area or 
to superiors in the chain of command of those recruits who, if 
not of the same sex as the recruits housed in that living area, 
are accompanied by a member (other than a recruit) who is of 
the same sex as the recruits housed in that living area.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 9319, 
as added by section 521(c)(2), the following new item: 
"9.'{2(). Etecruit basic training: privacy.". 
(3) The Secretary of the Air Force shall implement section 
10USC932() 
9320 of title 10, United States Code, as added by paragraph (1), n"t« 
as rapidly as feasible and shall ensure that the provisions of that 
section are applied to all recruit basic training classes beginning 
not later than the first such class that enters basic training on 
or after April 15, 1999. 
SK(\ 523. SENSK OF THE HOUSE OF 11EI»UESENTATIVES IIEIJVTIN(J TO 
SMAI.L 
UNIT 
ASSIGNMENTS 
BY 
CiiENDEU 
DURING 
UEGRUIT BASIC TRAININtJ. 
It is the sense of the House of Representatives that the Sec-
retary of each military department should require that during 
recruit basic training male recruits and female recruits be assigned 
to separate units at the small unit levels designated by the different 
services as platoons, divisions, or flights, as recommended in the 
report of the Federal Advisory Committee on Gender-Integrated 
Training and Related Issues, chaired by Nancy Kassebaum-Baker, 
112 STAT. 2014 
PUBLIC LAW 105-261—OCT. 17, 1998 
that was submitted to the Secretary of Defense on December 16, 
1997. 
10 use 113 note. 
SEC. 524. EXTENSION OF REPORTING DATES FOR COMMISSION ON 
MILITARY TRAINING AND GENDER-RELATED ISSUES. 
(a) FIRST REPORT.—Subsection (e)(1) of section 562 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 111 Stat. 1754) is amended by striking out "April 
15, 1998" and inserting in lieu thereof "October 15, 1998". 
(b) FINAL REPORT.—Subsection (e)(2) of such section is amended 
by striking out "September 16, 1998" and inserting in lieu thereof 
"March 15, 1999". 
SEC. 525. IMPROVED OVERSIGHT OF INNOVATIVE READINESS TRAIN-
ING. 
(a) IN GENERAL.—Section 2012 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(j) OVERSIGHT AND COST ACCOUNTING.—The Secretary of 
Defense shall establish a program to improve the oversight and 
cost accounting of training projects conducted in accordance with 
this section. The program shall include measures to accomplish 
the following: 
"(1) Ensure that each project that is proposed to be con-
ducted in accordance with this section (regardless of whether 
additional funding from the Secretary of Defense is sought) 
is requested in writing, reviewed for full compliance with this 
section, and approved in advance of initiation by the Secretary 
of the military department concerned and, in the case of a 
project that seeks additional funding from the Secretary of 
Defense, by the Secretary of Defense. 
"(2) Ensure that each project that is conducted in accord-
ance with this section is required to provide, within a specified 
period following completion of the project, an after-action report 
to the Secretary of Defense. 
"(3) Require that each application for a project to be con-
ducted in accordance with this section include an analysis 
and certification that the proposed project would not result 
in a significant increase in the cost of training (as determined 
in accordance with procedures prescribed by the Secretary of 
Defense). 
"(4) Determine the total program cost for each project, 
including both those costs that are borne by the military depart-
ments from their own accounts and those costs that are borne 
by defense-wide accounts. 
"(5) Provide for oversight of project execution to ensure 
that a training project under this section is carried out in 
accordance with the proposal for that project as approved.". 
10 use 2012 
(b) IMPLEMENTATION.—The Secretary of Defense may not initi-
note. 
ate any project under section 2012 of title 10, United States Code, 
after October 1, 1998, until the program required by subsection 
(i) of that section (as added by subsection (a)) has been established. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2015 
Subtitle D—Decorations, Awards, and 
Commendations 
SEC. 531. STUDY OF NEW DECORATIONS FOR INJURY OR DEATH IN 
LINE OF DUTY. 
(a) STUDY OF NEED AND CRITERIA FOR NEW DECORATION.— 
(1) The Secretary of Defense shall carry out a study of the need 
for, and the the appropriate criteria for, two possible new decora-
tions. 
(2) The first such decoration would, if implemented, be awarded 
to members of the Armed Forces who, while serving under com-
petent authority in any capacity with the Armed Forces, are killed 
or injured in the line of duty as a result of noncombat circumstances 
occurring— 
(A) as a result of an international terrorist attack against 
the United States or a foreign nation friendly to the United 
States; 
(B) while engaged in, training for, or traveling to or from 
a peacetime or contingency operation; or 
(C) while engaged in, training for, or traveling to or from 
service outside the territory of the United States as part of 
a peacekeeping force. 
(3) The second such decoration would, if implemented, be 
awarded to civilian nationals of the United States who, while serv-
ing under competent authority in any capacity with the Armed 
Forces, are killed or injured in the line of duty under circumstances 
which, if they were members of the Armed Forces, would qualify 
them for award of the Purple Heart or the medal described in 
paragraph (2). 
(b) RECOMMENDATION TO CONGRESS.—Not later than July 31, 
1999, the Secretary shall submit to Congress a report setting forth 
the Secretary's recommendation concerning the need for, and propri-
ety of, each of the possible new decorations referred to in subsection 
(a). 
(c) COORDINATION.—The Secretary shall carry out this section 
in coordination with the Secretaries of the military departments 
and the Secretary of Transportation with regard to the Coast Guard. 
SEC. 532. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 
DECORATIONS TO CERTAIN PERSONS. 
(a) WAIVER.—^Any limitation established by law or policy for 
the time within which a recommendation for the award of a military 
decoration or award must be submitted shall not apply to awards 
of decorations described in this section, the award of each such 
decoration having been determined by the Secretary of the military 
department concerned to be warranted in accordance with section 
1130 of title 10, United States Code. 
(b) DISTINGUISHED-SERVICE CROSS.—Subsection (a) applies to 
the award of the Distinguished-Service Cross of the Army as follows: 
(1) To Isaac Caniacho of El Paso, Texas, for extraordinary 
heroism in actions at Camp Hiep Hoa in Vietnam on November 
24, 1963, while serving as a member of the Army. 
(2) To Bruce P. Crandall of Mesa, Arizona, for extraordinary 
heroism in actions at Landing Zone X-Ray in Vietnam on 
November 14, 1965, while serving as a member of the Army. 
112 STAT. 2016 
PUBLIC LAW 105-261—OCT. 17, 1998 
(3) To Leland B. Fair of Jessieville, Arkansas, for extraor-
dinary heroism in actions in the Philippine Islands on July 
4, 1945, while serving as a member of the Army. 
(c) DISTINGUISHED-SERVICE MEDAL.—Subsection (a) applies to 
the award of the Distinguished-Service Medal of the Army to Rich-
ard P. Sakakida of Fremont, California, for exceptionally meritori-
ous service while a prisoner of war in the Philippine Islands from 
May 7, 1942, to September 14, 1945, while serving as a member 
of the Army. 
(d) NAVY CROSS.—Subsection (a) applies to the posthumous 
award of the Navy Cross to Joseph F. Keenan for extraordinary 
heroism in actions on March 26-27, 1953, while serving as a mem-
ber of the Navy. 
(e) SILVER STAR MEDAL.—Subsection (a) applies to the award 
of the Silver Star Medal of the Navy to Andrew A. Bernard of 
Methuen, Massachusetts, for gallantry in action on November 24, 
1943, while serving as a member of the Navy. 
(f) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to 
the award of the Distinguished Flying Cross for service during 
World War II or Korea (including multiple awards to the same 
individual) in the case of each individual (not covered by section 
573(d) of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1757)) concerning whom the 
Secretary of the Navy (or an officer of the Navy acting on behalf 
of the Secretary) submitted to the Committee on National Security 
of the House of Representatives and the Committee on Armed 
Services of the Senate, before the date of the enactment of this 
Act, a notice as provided in section 1130(b) of title 10, United 
States Code, that the award of the Distinguished Flying Cross 
to that individual is warranted and that a waiver of time restrictions 
prescribed by law for recommendation for such award is rec-
ommended. 
SEC. 533. COMMENDATION AND COMMEMORATION OF THE NAVY AND 
MARINE CORPS PERSONNEL WHO SERVED IN THE 
UNITED STATES NAVY ASIATIC FLEET FROM 1910-1942. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States established the Asiatic Fleet of the 
Navy in 1910 to protect United States nationals, policies, and 
possessions in the Far East. 
(2) The sailors and Marines of the Asiatic Fleet ensured 
the safety of United States and foreign nationals and provided 
humanitarian assistance in that region during the Chinese 
civil war, the Yangtze Flood of 1931, and the outbreak of 
Sino-Japanese hostilities. 
(3) In 1940, due to deteriorating political relations and 
increasing tensions between the United States and Japan, a 
reinforced Asiatic Fleet began concentrating on the defense 
of the Philippines and engaged in extensive training to ensure 
maximum operational readiness for any eventuality. 
(4) Following the declaration of war against Japan in 
December 1941, the warships, submarines, and aircraft of the 
Asiatic Fleet courageously fought many battles against superior 
Japanese forces. 
(5) The Asiatic Fleet directly suffered the loss of 22 vessels, 
1,826 men killed or missing in action, and 518 men captured 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2017 
and imprisoned under the worst of conditions, with many of 
them dying while held as prisoners of war. 
(b) CONGRESSIONAL COMMENDATION.—Congress— 
(1) commends the Navy and Marine Corps personnel who 
served in the Asiatic Fleet of the United States Navy during 
the period from 1910 to 1942; and 
(2) honors those who gave their lives in the line of duty 
while serving in the Asiatic Fleet. 
(c) COMMEMORATION OF UNITED STATES NAVY ASIATIC FLEET.— 
The President is authorized and requested to issue a proclamation President, 
designating an appropriate commemoration of the United States 
Navy Asiatic Fleet and calling upon the people of the United States 
to observe such commemoration with appropriate programs, cere-
monies, and activities. 
SEC. 534. APPRECIATION FOR SERVICE DURING WORLD WAR I AND 
WORLD WAR II BY MEMBERS O F THE NAVY ASSIGNED 
ON BOARD MERCHANT SHIPS AS THE NAVAL ARMED 
GUARD SERVICE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Navy established a special force during both World 
War I and World War II, known as the Naval .^roed Guard 
Service, to protect merchant ships of the United States from 
enemy attack by stationing members of the Navy and weapons 
on board those ships. 
(2) Members of the Naval Armed Guard Service served 
on 6,236 merchant ships during World War II, of which 710 
were sunk by enemy action. 
(3) Over 144,900 members of the Navy served in the Naval 
Armed Guard Service during World War II as officers, gun 
crewmen, signalmen, and radiomen, of whom 1,810 were killed 
in action. 
(4) The efforts of the members of the Naval Armed Guard 
Service played a significant role in the safe passage of United 
States merchant ships to their destinations in the Soviet Union 
and various locations in western Europe and the Pacific Thea-
ter. 
(5) The efforts of the members of the Navy who served 
in the Naval Armed Guard Service have been largely overlooked 
due to the rapid disbanding of the service after World War 
II and lack of adequate records. 
(6) Recognition of the service of the naval personnel who 
served in the Naval Armed Guard Service is highly warranted 
and long overdue. 
(b) SENSE OF CONGRESS.—Congress expresses its appreciation, 
and the appreciation of the American people, for the dedicated 
service performed during World War I and World War II by mem-
bers of the Navy assigned as gun crews on board merchant ships 
as part of the Naval Armed Guard Service. 
SEC. 536. SENSE OF CONGRESS REGARDING THE HEROISM, SACRIFICE, 
AND SERVICE OF THE MIUTARY FORCES OF SOUTH VIET-
NAM, OTHER NATIONS, AND INDIGENOUS GROUPS IN 
CONNECTION WITH THE UNITED STATES ARMED FORCES 
DURING THE VIETNAM CONFLICT. 
(a) FINDINGS.—Congress finds the following: 
(1) South Vietnam, Australia, South Korea, Thailand, New 
Zealand, and the Philippines contributed military forces. 
112 STAT. 2018 
PUBLIC LAW 105-261—OCT. 17, 1998 
together with the United States, during miUtary operations 
conducted in Southeast Asia during the Vietnam conflict. 
(2) Indigenous groups, such as the Hmong, Nung, 
Montagnard, Kahmer, Hoa Hao, and Cao Dai contributed mili-
tary forces, together with the United States, during military 
operations conducted in Southeast Asia during the Vietnam 
conflict. 
(3) The contributions of these combat forces continued 
through long years of armed conflict. 
(4) As a result, in addition to the United States casualties 
exceeding 210,000, this willingness to participate in the Viet-
nam conflict resulted in the death and wounding of more than 
1,000,000 military personnel from South Vietnam and 16,000 
from other allied nations. 
(5) The service of the Vietnamese, indigenous groups, and 
other allied nations was repeatedly marked by exceptional hero-
ism and sacrifice, with particularly noteworthy contributions 
being made by the Vietnamese airborne, commando, infantry 
and ranger units, the Republic of Korea marines, the Capital 
and White Horse divisions, the Royal Thai Army Black Panther 
Division, the Royal Australian Regiment, the New Zealand 
"V" force, and the 1st Philippine Civic Action Group. 
(b) SENSE OF CONGRESS.—Congress recognizes and honors the 
members and former members of the military forces of South Viet-
nam, the Republic of Korea, Thailand, Australia, New Zealand, 
and the Philippines, as well as members of the Hmong, Nung, 
Montagnard, Kahmer, Hoa Hao, and Cao Dai, for their heroism, 
sacrifice, and service in connection with United States Armed Forces 
during the Vietnam conflict. 
SEC. 536. SENSE OF CONGRESS REGARDING THE HEROISM, SACRIFICE, 
AND 
SERVICE 
OF FORMER 
SOUTH 
VIETNAMESE 
COMMANDOS IN CONNECTION WITH UNITED STATES 
ARMED FORCES DURING THE VIETNAM CONFUCT. 
(a) FINDINGS.—Congress finds the following: 
(1) South Vietnamese commandos were recruited by the 
United States as part of OPLAN 34A or its predecessor or 
OPLAN 35 from 1961 to 1970. 
(2) The commandos conducted covert operations in North 
Vietnam during the Vietnam conflict. 
(3) Many of the commandos were captured and imprisoned 
by North Vietnamese forces, some for as long as 20 years. 
(4) The commandos served and fought proudly during the 
Vietnam conflict. 
(5) Many of the commandos lost their lives serving in 
operations conducted by the United States during the Vietnam 
conflict. 
(6) Many of the Vietnamese commandos now reside in 
the United States. 
(b) SENSE OF CONGRESS—Congress recognizes and honors the 
former South Vietnamese commandos for their heroism, sacrifice, 
and service in connection with United States Armed Forces during 
the Vietnam conflict. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2019 
SEC; 537. PROHIBITION ON MEMBERS OF ARMED FORCES ENTERING 
CORRECTIONAL FACIUTIES TO PRESENT DECORATIONS 
TO PERSONS WHO HAVE COMMITTED SERIOUS VIOLENT 
FELONIES. 
(a) PROHIBITION.—Chapter 57 of title 10, United States Code, 
is amended by adding at the end the following new section: 
^§ 1132. Presentation of decorations: prohibition on entering 
correctional facilities for presentation to pris-
oners convicted of serious violent felonies 
"(a) PROHIBITION.—^A member of the armed forces may not 
enter a Federal, State, local, or foreign correctional facility to 
present a decoration to a person who is incarcerated due to convic-
tion of a serious violent felony. 
"(b) DEFINITIONS.—In this section: 
"(1) The term 'decoration' means any decoration or award 
that may be presented or awarded to a member of the armed 
forces. 
"(2) The term 'serious violent felony' has the meaning given 
that term in section 3559(c)(2)(F) of title 18.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of that chapter is amended by adding at the end the following 
new item: 
"1132. Presentation of decorations: prohibition on entering correctional facilities for 
presentation to prisoners convicted of serious violent felonies.". 
Subtitle E—^Administration of Agencies Re-
sponsible for Review and Correction of 
Military Records 
SEC. 541. PERSONNEL FREEZE. 
10 USC 1551 
(a) LIMITATION.—During fiscal years 1999, 2000, and 2001, "°*^" 
the Secretary of a military department may not carry out any 
reduction in the number of military and civilian personnel assigned 
to duty with the service review agency for that military department 
below the baseline number for that agency until— 
(1) the Secretary submits to Congress a report that Reports. 
describes the reduction proposed to be made, provides the Sec-
retary's rationale for that reduction, and specifies the number 
of such personnel that would be assigned to duty with that 
agency after the reduction; and 
(2) a period of 90 days has elapsed after the date on 
which such report is submitted. 
(b) BASELINE NUMBER.—^The baseline number for a service 
review agency under this section is— 
(1) for purposes of the first report with respect to a service 
review agency under this section, the number of military and 
civilian personnel assigned to duty with that agency as of 
October 1, 1997; and 
(2) for purposes of any subsequent report with respect 
to a service review agency under this section, the number 
of such personnel specified in the most recent report with 
respect to that agency under this section. 
(c) SERVICE REVIEW AGENCY DEFINED.—In this section, the 
term "service review agency" means— 
112 STAT. 2020 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) with respect to the Department of the Army, the Army 
Review Boards Agency; 
(2) with respect to the Department of the Navy, the Board 
for Correction of Naval Records; and 
(3) with respect to the Department of the Air Force, the 
Air Force Review Boards Agency. 
SEC. 542. PROFESSIONAL STAFF. 
(a) IN GENERAL.—(1) Chapter 79 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*
*
§ 1555. Professional staff 
"(a) The Secretary of each military department shall assign 
to the staff of the service review agency of that military department 
at least one attorney and at least one physician. Such assignments 
shall be made on a permanent, full-time basis and may be made 
from members of the armed forces or civilian employees. 
"(b) Personnel assigned pursuant to subsection (a)— 
"(1) shall work under the supervision of the director or 
executive director (as the case may be) of the service review 
agency; and 
"(2) shall be assigned duties as advisers to the director 
or executive director or other staff members on legal and medi-
cal matters, respectively, that are being considered by the 
agency. 
"(c) In this section, the term 'service review agency means— 
"(1) with respect to the Department of the Army, the Army 
Review Boards Agency; 
"(2) with respect to the Department of the Navy, the Board 
for Correction of Naval Records; and 
"(3) with respect to the Department of the Air Force, the 
Air Force Review Boards Agency.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1555. Professional staff.". 
10 use 1555 
(b) EFFECTIVE DATE.—Section 1555 of title 10, United States 
note. 
Code, as added by subsection (a), shall take effect 180 days after 
the date of the enactment of this Act. 
SEC. 543. EX PARTE COMMUNICATIONS. 
(a) IN GENERAL.—(1) Chapter 79 of title 10, United States 
Code, is amended by adding sifter section 1555, as added by section 
542(a)(1), the following new section: 
"§ 1556. Ex parte communications prohibited 
"(a) IN GENERAL.—^The Secretary of each military department 
shall ensure that an applicant seeking corrective action by the 
Army Review Boards Agency, the Air Force Review Boards Agency, 
or the Board for Correction of Naval Records, as the case may 
be, is provided a copy of all correspondence and communications 
(including summaries of verbal communications) to or from the 
agency or board, or a member of the staff of the agency or board, 
with an entity or person outside the agency or board that pertain 
directly to the applicant's case or have a material effect on the 
applicant's case. 
"(b) EXCEPTIONS.—Subsection (a) does not apply to the 
following: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2021 
"(1) Classified information. 
"(2) Information the release of which is otherwise prohibited 
by law or regulation. 
"(3) Any record previously provided to the applicant or 
known to be possessed by the applicant. 
"(4) Any correspondence that is purely administrative in 
nature. 
"(5) Any military record that is (or may be) provided to 
the applicant by the Secretary of the military department or 
other source.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to 1555, as added 
by section 542(a)(2), the following new item: 
"1556. Ex parte communications prohibited.". 
(b) EFFECTIVE DATE.—Section 1556 of title 10, United States 
lo use 1556 
Code, as added by subsection (a), shall apply with respect to cor- note, 
respondence and communications made 60 days or more after the 
date of the enactment of this Act. 
SEC. 544. TIMELINESS STANDARDS. 
(a) IN GENERAL.—Chapter 79 of title 10, United States Code, 
is amended by adding after section 1556, as added by section 
543(a)(1), the following new section: 
'*§ 1557. Timeliness standards for disposition of applications 
before Corrections Boards 
"(a) TEN-MONTH CLEARANCE PERCENTAGE.—Of the applications 
received by a Corrections Board during a period specified in the 
following table, the percentage on which final action by the Correc-
tions Board must be completed within 10 months of receipt (other 
than for those applications considered suitable for administrative 
correction) is as follows: 
The percentage on which final 
"For applications 
Correction Board action 
received during— 
must be completed within 
10 months of receipt is— 
the period of fiscal years 2001 and 2002 
50 
the period of fiscal years 2003 and 2004 
60 
the period of fiscal years 2005, 2006, and 2007 
70 
the period offiscal years 2008, 2009, and 2010 
80 
the period of any fiscal year after fiscal year 2010 
90. 
"(b) CLEARANCE DEADLINE FOR ALL APPLICATIONS.—Effective 
October 1, 2002, final action by a Corrections Board on all applica-
tions received by the Corrections Board (other than those applica-
tions considered suitable for administrative correction) shall be 
completed within 18 months of receipt. 
"(c) WAIVER AUTHORITY.—^The Secretary of the military depart-
ment concerned may exclude an individual application from the 
timeliness standards prescribed in subsections (a) and (b) if the 
Secretary determines that the application warrants a longer period 
of consideration. The authority of the Secretary of a military depart-
ment under this subsection may not be delegated. 
"(d) FAILURE TO MEET TIMELINESS STANDARDS NOT TO AFFECT 
ANY INDIVIDUAL APPLICATION.—Failure of a Corrections Board to 
meet the applicable timeliness standard for any period of time 
under subsection (a) or (b) does not confer any presumption or 
advantage with respect to consideration by the board of any applica-
tion. 
112 STAT. 2022 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(e) REPORTS ON FAILURE To MEET TIMELINESS STANDARDS.— 
The Secretary of the military department concerned shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a report 
not later than June 1 following any fiscal year during which the 
Corrections Board of that Secretary's military department was 
unable to meet the applicable timeliness standard for that fiscal 
year under subsections (a) and (b). The report shall specify the 
reasons why the standard could not be met and the corrective 
actions initiated to ensure compliance in the future. The report 
shall also specify the number of waivers granted under subsection 
(c) during that fiscal year. 
"(f) CORRECTIONS BOARD DEFINED.—In this section, the term 
'Corrections Board' means— 
"(1) with respect to the Department of the Army, the Army 
Board for Correction of Military Records; 
"(2) with respect to the Department of the Navy, the Board 
for Correction of Naval Records; and 
"(3) with respect to the Department of the Air Force, the 
Air Force Board for Correction of Military Records.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 1556, as added by section 543(a)(2), the following new 
item: 
"1557. Timeliness standards for disposition of applications before Corrections 
Boards.". 
SEC. 545. SCOPE OF CORRECTION OF MILITARY RECORDS. 
(a) 
PAYMENT OF CLAIMS ARISING FROM CORRECTION.—Sub-
section (c) of section 1552 of title 10, United States Code, is amended 
in the first sentence by inserting before the period the following: 
", or on account of his or another's service as a civilian employee". 
(b) DEFINITION OF MILITARY RECORD.—Such section is further 
amended by adding at the end the following new subsection: 
"(g) In this section, the term 'military record' means a document 
or other record that pertains to (1) an individual member or former 
member of the armed forces, or (2) at the discretion of the Secretary 
of the military department concerned, any other military matter 
affecting a member or former member of the armed forces, an 
employee or former employee of that military department, or a 
dependent or current or former spouse of any such person. Such 
term does not include records pertaining to civilian employment 
matters (such as matters covered by title 5 and chapters 81, 83, 
87, 108, 373, 605, 607, 643, and 873 of this title).". 
(c) REPORT.—^The Secretary of Defense shall submit to Congress, 
not later than March 31, 1999, a report on the effect of the six-
year bar to retroactive benefits contained in section 3702 of title 
31, United States Code, and the Secretary's recommendation as 
to whether it is appropriate for the Secretaries of the military 
departments to have authority to waive that limitation in selected 
cases involving implementation of decisions of the Secretary of 
a military department under chapter 79 of title 10, United States 
Code. The report shall be prepared in consultation with the Sec-
retaries of the military departments. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2023 
Subtitle F—Reports 
SEC. 551. REPORT ON PERSONNEL RETENTION. 
(a) REPORT REQUIRED.—^Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report containing information on the retention of 
members of the Armed Forces on active duty in the combat, combat 
support, and combat service support forces of the Army, Navy, 
Air Force, and Marine Corps. 
(b) REQUIRED INFORMATION.—^The Secretary shall include in 
the report information on retention of members with military 
occupational specialties (or the equivalent) in combat, combat sup-
port, or combat service support positions in each of the Army, 
Navy, Air Force, and Marine Corps. Such information shall be 
shown by pay grade and shall be aggregated by enlisted grades 
and officers grades and shall be shown by military occupational 
specialty (or the equivalent). The report shall set forth separately 
(in numbers and as a percentage) the number of members separated 
during each such fiscal year who terminate service in the Armed 
Forces completely and the number who separate from active duty 
by transferring into a reserve component. 
(c) YEARS COVERED BY REPORT.—^The report shall provide the 
information required in the report, shown on a fiscal year basis, 
for each of fiscal years 1989 through 1998. 
SEC. 552. REPORT ON PROCESS FOR SELECTION OF MEMBERS FOR 
SERVICE ON COURTS-MARTIAL. 
(a) REPORT REQUIRED.—Not later than April 15, 1999, the 
Secretary of Defense shall submit to Congress a report on the 
method of selection of members of the Aimed Forces to serve 
on courts-martial. 
(b) CONSIDERATION OF ALTERNATIVES.—^In preparing the report, 
the Secretary shall examine alternatives, including random selec-
tion, to the current system of selection of members of courts-martial 
by the convening authority. Any alternative examined by the Sec-
retary shall be consistent with the provisions relating to service 
on courts-martial specified in section 825(d) of title 10, United 
States Code (article 25(d) of the Uniform Code of Military Justice). 
The Secretary shall include in the report the Secretary's evaluation 
of each alternative examined. 
(c) VIEWS OF CODE COMMITTEE.—In preparing the report under 
subsection (a), the Secretary shall obtain the views of the members 
of the committee referred to in section 946 of such title (known 
as the "Code Committee"). 
SEC. 553. REPORT ON PRISONERS TRANSFERRED FROM UNITED 
STATES DISCIPLINARY BARRACKS, FORT LEAVENWORTH, 
KANSAS, TO FEDERAL BUREAU OF PRISONS. 
(a) REPORT.—^Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report, to be prepared by the General Counsel of the 
Department of Defense, concerning the decision of the Secretary 
of the Army in 1994 to transfer approximately 500 prisoners from 
the United States Disciplinary Barracks, Fort Leavenworth, Kansas, 
to the Federal Bureau of Prisons. 
(b) MATTERS TO B E INCLUDED.—The Secretary shall include 
in the report the following: 
58-194 0 - 9 8 - 7 : QL3Part3 
112 STAT. 2024 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) A description of the basis for the selection of prisoners 
to be transferred, particularly in light of the fact that many 
of the prisoners transferred are minimum or medium security 
prisoners, who are considered to have the best chance for 
rehabilitation, and whether the transfer of those prisoners 
indicates a change in Department of Defense policy regarding 
the rehabilitation of military prisoners. 
(2) A comparison of the historical recidivism rates of pris-
oners released from the United States Disciplinary Barracks 
and the Federal Bureau of Prisons, together with a description 
of any plans of the Army to track the parole and recidivism 
rates of prisoners transferred to the Federal Bureau of Prisons 
and whether it has tracked those factors for previous transfer-
ees. 
(3) A description of the projected future flow of prisoners 
into the new United States Disciplinary Barracks being con-
structed at Fort Leavenworth, Kansas, and whether the Sec-
retary of the Army plans to automatically send new prisoners 
to the Federal Bureau of Prisons without serving at the United 
States Disciplinary Barracks if that Barracks is at capacity 
and whether the Memorandum of Understanding between the 
Federal Bureau of Prisons and the Army covers that possibility. 
(4) A description of the cost of incarcerating a prisoner 
in the Federal Bureau of Prisons compared to the United States 
Disciplinary Barracks and the assessment of the Secretary 
as to the extent to which the transfer of prisoners to the 
Federal Bureau of Prisons by the Secretary of the Army is 
made in order to shift a budgetary burden. 
(c) MONITORING.—During fiscal years 1999 through 2003, the 
Secretary of the Army shall track the parole and recidivism rates 
of prisoners transferred from the United States Disciplinary Bar-
racks, Fort Leavenworth, Kansas, to the Federal Bureau of Prisons. 
SEC. 554. REVIEW AND REPORT REGARDENG THE DISTRIBUTION OF 
NATIONAL GUARD FULL-TIME SUPPORT AMONG THE 
STATES. 
(a) REQUIREMENT FOR REVIEW.—^The Chief of the National 
Guard Bureau shall review the process used for allocating and 
distributing all categories of full-time support personnel among 
the States for the National Guard of the States. 
(b) PURPOSE OF REVIEW.—^The purpose of the review is to 
determine whether that allocation and distribution process provides 
for adequately meeting the full-time support personnel require-
ments of the National Guard in the case of those States that 
have fewer than 16 National Guard units categorized in readiness 
tiers I, II, and III. 
(c) MATTERS TO BE REVIEWED.—^The matters reviewed shall 
include the following: 
(1) The factors considered for the process of determining 
the distribution among the States of full-time support person-
nel, including the weights assigned to those factors. 
(2) The extent to which that process results in full-time 
support personnel levels for the units of the States described 
in subsection (b) that are at the levels necessary to optimize 
the preparedness of those units to meet the mission require-
ments applicable to those units. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2025 
(3) The effects that full-time support personnel at levels 
determined under that process will have on the National Guard 
of those States in the future, including the effects on all cat-
egories of full-time support personnel, and unit readiness, 
recruitment, and continued use of existing National Guard 
armories and other facilities. 
(d) REPORT.—Not later than March 15, 1999, the Chief of 
the National Guard Bureau shall submit to the Secretary of Defense 
a report on the results of the review. Not later than April 30, 
1999, the Secretary shall transmit the report, and the Secretarjr's 
evaluation of and comments on the report, to the Committee on 
Armed Services of the Senate and the Committee on National 
Security of the House of Representatives. 
Subtitle G—Other Matters 
SEC. 561. TWO-YEAR EXTENSION OF CERTAIN FORCE DRAWDOWN 
TRANSITION AUTHORITIES RELATING TO PERSONNEL 
MANAGEMENT AND BENEFITS. 
(a) 
EARLY 
RETIREMENT 
AUTHORITY 
FOR 
ACTIVE 
FORCE 
MEMBERS.—iSection 4403(i) of the National Defense Authorization 
Act for Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by 
striking out "October 1, 1999" and inserting in lieu thereof "October 
1, 2001". 
(b) SSB AND VSL—Sections 1174a(h) and 1175(d)(3) of title 
10, United States Code, are amended by striking out "September 
30,1999" and inserting in lieu thereof "September 30, 2001". 
(c) SELECTIVE EARLY RETIREMENT BOARDS.—Section 638a(a) 
of such title is amended by striking out "during the nine-year 
period beginning on October 1, 1990" and inserting in lieu thereof 
"during the period beginning on October 1, 1990, and ending on 
September 30, 2001". 
(d) TIME-IN-GRADE REQUIREMENT FOR RETENTION OF GRADE 
UPON VOLUNTARY RETIREMENT.—Section 1370(a)(2)(A) of such title 
is amended by striking out "during the nine-year period beginning 
on October 1, 1990" and inserting in lieu thereof "during the period 
beginning on October 1, 1990, and ending on September 30, 2001". 
(e) MINIMUM COMMISSIONED SERVICE FOR VOLUNTARY RETIRE-
MENT AS AN OFFICER.—Sections 3911(b), 6323(a)(2), and 8911(b) 
of such title are amended by striking out "during the nine-year 
period beginning on October 1, 1990" and inserting in lieu thereof 
"during the period beginning on October 1, 1990, and ending on 
September 30,2001". 
(f) 
TRAVEL, 
TRANSPORTATION, AND 
STORAGE 
BENEFITS.— 
Sections 
404(c)(1)(C), 
404(f)(2)(B)(v), 
406(a)(2XB)(v), 
and 
406(g)(1)(C) of title 37, United States Code, and section 503(c) 
of the National Defense Authorization Act for Fiscal Year 1991 
(37 U.S.C. 406 note) are amended by striking out "during the 
nine-year period beginning on October 1, 1990 and inserting in 
lieu thereof "during the period beginning on October 1, 1990, and 
ending on September 30, 2001". 
(g) 
EDUCATIONAL 
LEAVE 
FOR 
PUBLIC 
AND 
COMMUNITY 
SERVICE.—Section 4463(f) of the National Defense Authorization 
Act for Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by 
striking out "September 30, 1999" and inserting in lieu thereof 
"September 30, 2001". 
112 STAT. 2026 
PUBLIC LAW 105-261—OCT. 17, 1998 
(h) TRANSITIONAL HEALTH BENEFITS.—Section 1145 of title 10, 
United States Code, is amended— 
(1) in subsections (a)(1) and (c)(1), by striking out "during 
the nine-year period beginning on October 1, 1990" and insert-
ing in lieu thereof "during the period beginning on October 
1, 1990, and ending on September 30, 2001"; and 
(2) in subsection (e), by striking out "during the five-year 
period beginning on October 1, 1994" and inserting in lieu 
thereof "during the period beginning on October 1, 1994, and 
ending on September 30, 2001". 
(i) TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS.— 
Section 1146 of such title is amended— 
(1) by striking out "during the nine-year period beginning 
on October 1, 1990" and inserting in lieu thereof "during the 
period beginning on October 1, 1990, and ending on September 
30, 2001"; and 
(2) by striking out "during the five-year period beginning 
on October 1, 1994" and inserting in lieu thereof "during the 
period beginning on October 1, 1994, and ending on September 
30,2001". 
(j) TRANSITIONAL USE OF MILITARY HOUSING.—Section 1147(a) 
of such title is amended— 
(1) in paragraph (1), by striking out "during the nine-
year period beginning on October 1, 1990" and inserting in 
lieu thereof "during the period beginning on October 1, 1990, 
and ending on September 30, 2001"; and 
(2) in paragraph (2), by striking out "during the five-year 
period beginning on October 1, 1994" and inserting in lieu 
thereof "during the period beginning on October 1, 1994, and 
ending on September 30, 2001". 
(k) 
CONTINUED ENROLLMENT OF DEPENDENTS IN DEFENSE 
DEPENDENTS' 
EDUCATION 
SYSTEM.—Section 
1407(c)(1) of the 
Defense Dependents' Education Act of 1978 (20 U.S.C. 926(c)(1)) 
is amended by striking out "during the nine-year period beginning 
on October 1, 1990" and inserting in lieu thereof "during the period 
beginning on October 1, 1990, and ending on September 30, 2001". 
(1) FORCE REDUCTION TRANSITION PERIOD DEFINITION.—Section 
4411 of the National Defense Authorization Act for Fiscal Year 
1993 (10 U.S.C. 12681 note) is amended by striking out "September 
30, 1999" and inserting in lieu thereof "September 30, 2001". 
(m) 
TEMPORARY SPECIAL AUTHORITY FOR FORCE REDUCTION 
PERIOD RETIREMENTS.—Section 4416(b)(1) of the National Defense 
Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 note) 
is amended by striking out "October 1, 1999" and inserting in 
lieu thereof "October 1, 2001". 
(n) 
RETIRED PAY FOR NON-REGULAR SERVICE.—(1) Section 
12731(f) of title 10, United States Code, is amended by striking 
out "September 30, 1999" and inserting in lieu thereof "September 
30, 2001". 
(2) Section 12731a of such title is amended in subsections 
(a)(1)(B) and (b) by striking out "October 1, 1999" and inserting 
in lieu thereof "October 1, 2001". 
(o) REDUCTION OF TIME-IN-GRADE REQUIREMENT FOR RETEN-
TION OF GRADE UPON VOLUNTARY RETIREMENT.—Section 1370(d) 
of such title is amended by adding at the end the following new 
paragraph: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2027 
"(5) The Secretary of Defense may authorize the Secretary 
of a military department to reduce the 3-year period required by 
paragraph (3)(A) to a period not less than 2 years in the case 
of retirements effective during the period beginning on the date 
of the enactment of this paragraph and ending on September 30, 
2001. The number of reserve commissioned officers of an armed 
force in the same grade for whom a reduction is made during 
any fiscal year in the period of service-in-grade otherwise required 
under this paragraph may not exceed the number equal to 2 percent 
of the strength authorized for that fiscal year for reserve commis-
sioned officers of that armed force in an active status in that 
grade.". 
(p) AFFILIATION WITH GUARD AND RESERVE UNITS; WAIVER 
OF CERTAIN LIMITATIONS.—Section 1150(a) of such title is amended 
by striking out "during the nine-year period beginning on October 
1, 1990" and inserting in lieu thereof "during the period beginning 
on October 1, 1990, and ending on September 30, 2001". 
(q) RESERVE MONTGOMERY G I BILL.—Section 16133(b)(1)(B) of 
such title is amended by striking out "September 30, 1999" and 
inserting in lieu thereof "September 30, 2001". 
SEC. 562. LEAVE WITHOUT PAY FOR SUSPENDED ACADEMY CADETS 
AND MIDSHIPMEN. 
(a) AUTHORITY.—Section 702 of title 10, United States Code, 
is amended— 
(1) by designating the second sentence of subsection (b) 
as subsection (d); 
(2) by redesignating subsection (b) as subsection (c); and 
(3) by inserting after subsection (a) the following new sub-
section (b): 
"(b) 
INVOLUNTARY 
LEAVE 
WITHOUT 
PAY FOR SUSPENDED 
ACADEMY CADETS AND MIDSHIPMEN.—^1) Under regulations pre-
scribed under subsection (d), the Secretary concerned may place 
an academy cadet or midshipman on involuntary leave for any 
period during which the Superintendent of the Academy at which 
the cadet or midshipman is admitted has suspended the cadet 
or midshipman from duty at the Academy— 
"(A) pending separation from the Academy; 
"(B) pending return to the Academy to repeat an academic 
semester or year; or 
"(C) for other good cause. 
"(2) A cadet or midshipman placed on involuntary leave under 
paragraph (1) is not entitled to any pay under section 230(c) of 
title 37 for the period of the leave. 
"(3) Return of an academy cadet or midshipman to a pay 
status at the Academy concerned from involuntary leave status 
under paragraph (1) does not restore any entitlement of the cadet 
or midshipman to pay for the period of the involuntary leave.". 
(b) DEFINITION.—Such section is further amended— 
(1) in subsection (c) (as redesignated by subsection (a)(2)), 
by striking out "cadets at" and all that follows through "Naval 
Academy," and inserting in lieu thereof "academy cadets or 
midshipmen"; and 
(2) by adding at the end the following new subsection: 
"(e) DEFINITION.—In this section, the term 'academy cadet or 
midshipman' means— 
"(1) a cadet of the United States Military Academy; 
112 STAT. 2028 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(2) a midshipman of the United States Naval Academy; 
"(3) a cadet of the United States Air Force Academy; or 
"(4) a cadet of the United States Coast Guard Academy,". 
(c) SUBSECTION HEADINGS.—Such section is further amended— 
(1) 
in 
subsection 
(a), by 
inserting 
"GRADUATION 
LEAVE.—" after "(a)"; 
(2) in subsection (c) (as redesignated by subsection (aX2)), 
by inserting "INAPPLICABLE LEAVE PROVISIONS.—" after "(c)"; 
and 
(3) in subsection (d) (as designated by subsection (a)(1)), 
by inserting "REGULATIONS.—" after "(d)". 
SEC. 563. CONTINUED ELIGIBIUTY UNDER VOLUNTARY SEPARATION 
INCENTIVE PROGRAM FOR MEMBERS WHO INVOLUNTAR-
ILY LOSE MEMBERSHIP IN A RESERVE COMPONENT. 
(a) PERIOD OF ELIGIBILITY.—Subsection (a) of section 1175 of 
title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(a)"; 
(2) by striking out ", for the period of time the member 
serves in a reserve component"; and 
(3) by adding at the end the following: 
"(2)(A) Except as provided in subparagraph (B), a financial 
incentive provided a member under this section shall be paid for 
the period equal to twice the number of years of service of the 
member, computed as provided in subsection (e)(5). 
"(B) If, before the expiration of the period otherwise applicable 
under subparagraph (A) to a member receiving a financial incentive 
under this section, the member is separated from a reserve compo-
nent or is transferred to the Retired Reserve, the period for payment 
of a financial incentive to the member under this section shall 
terminate on the date of the separation or transfer unless— 
"(i) the separation or transfer is required by reason of 
the age or number of years of service of the member; 
"(ii) the separation or transfer is required by reason of 
the failure of selection for promotion or the medical disqualifica-
tion of the member, except in a case in which the Secretary 
of Defense or the Secretary of Transportation determines that 
the basis for the separation or transfer is a result of a deliberate 
action taken by the member with the intent to avoid retention 
in the Ready Reserve or Standby Reserve; or 
"(iii) in the case of a separation, the member is separated 
from the reserve component for appointment or enlistment 
in or transfer to another reserve component of an armed force 
for service in the Ready Reserve or Standby Reserve of that 
armed force.". 
(b) REPEAL OF SUPERSEDED PROVISION.—Subsection (e)(1) of 
such section is amended by striking out the second sentence. 
10 use 1175 
(c) EFFECTIVE DATE.—^The amendments made by this section 
note. 
apply with respect to any person provided a voluntary separation 
incentive under section 1175 of title 10, United States Code 
(whether before, on, or after the date of the enactment of this 
Act). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2029 
SEC. 564. REINSTATEMENT OF DEFINITION OF FINANCIAL INSTITU-
TION IN AUTHORITIES FOR REIMBURSEMENT OF 
DEFENSE PERSONNEL FOR GOVERNMENT ERRORS IN 
DIRECT DEPOSIT OF PAY. 
(a) MEMBERS OF THE ARMED FORCES.—Paragraph (1) of section 
1053(d) of title 10, United States Code, is amended to read as 
follows: 
"(1) The term 'financial institution' means a bank, savings 
and loan association, or similar institution or a credit union 
chartered by the United States or a State.". 
(b) CIVILIAN PERSONNEL.—Paragraph (1) of section 1594(d) of 
such title is amended to read as follows: 
"(1) The term 'financial institution' means a bank, savings 
and loan association, or similar institution or a credit union 
chartered by the United States or a State.". 
SEC. 565. INCREASE IN MAXIMUM AMOUNT FOR COLLEGE FUND PRO-
GRAM. 
(a) INCREASE IN MAXIMUM RATE FOR ACTIVE 
COMPONENT 
MONTGOMERY GI BILL SUPPLEMENT.—Section 3015(d) of title 38, 
United States Code, is amended— 
(1) by inserting ", at the time the individual first becomes 
a member of the Armed Forces," afl«r "Secretary of Defense, 
may"; and 
(2) by striking out "$400" and all that follows through 
"that date" and inserting in lieu thereof "$950 per month". 
(b) EFFECTIVE DATE,—^The amendments made by subsection 38USC3015 
(a) shall take effect on October 1, 1998, and shall apply with note-
respect to individuals who first become members of the Armed 
Forces on or after that date. 
SEC. 566. CENTRAL IDENTIFICATION LABORATORY, HAWAD. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Central Identification Laboratory, Hawaii, of the Department 
of the Army is an important element of the Department of Defense 
and is critical to the full accounting of members of the Armed 
Forces who have been classified as POW/MIAs or are otherwise 
unaccounted for. 
(b) REQUIRED STAFFING LEVEL.—^The Secretary of Defense shall 
provide sufficient personnel to fill all authorized personnel positions 
of the Central Identification Laboratory, Hawaii, Department of 
the Army. Those personnel shall be drawn from members of the 
Army, Navy, Air Force, and Marine Corps and from civilian person-
nel, as appropriate, considering the proportion of POW/MIAs from 
each service. 
(c) JOINT MANNING PLAN.—^The Secretary of Defense shall 
develop and implement, not later than March 31, 2000, a joint 
manning plan to ensure the appropriate participation of the four 
services in the staffing of the Central Identification Laboratory, 
Hawaii, as required by subsection (b). 
(d) LIMITATION ON REDUCTIONS.—The Secretary of the Army 
may not carry out any personnel reductions (in authorized or 
assigned personnel) at the Central Identification 
Laboratory, 
Hawaii, until the joint manning plan required by subsection (c) 
is implemented. 
112 STAT. 2030 
PUBLIC LAW 105-261—OCT. 17, 1998 
Reports. 
Regulations. 
SEC. 567. MILITARY FUNERAL HONORS FOR VETERANS. 
(a) CONFERENCE ON PRACTICES CONCERNING MILITARY HONORS 
AT FUNERALS FOR VETERANS.—(1) The Secretary of Defense, in 
consultation with the Secretary of Veterans Affairs, shall convene 
and preside over a conference, to be completed not later than 
December 31, 1998, for the purpose of determining means of improv-
ing and increasing the availability of military funeral honors for 
veterans. The Secretary of Veterans Affairs shall also participate 
in the conference. 
(2) The Secretaries shall invite and encourage the participation 
at the conference of appropriate representatives of veterans service 
organizations. 
(3) The conference shall perform the following: 
(A) Review current policies and practices of the military 
departments and the Department of Veterans Affairs relating 
to the provision of military funeral honors for veterans. 
(B) Consider alternative methods for providing military 
funeral honors for veterans and develop new strategies for 
providing those honors. 
(C) Determine what resources may be available outside 
the Department of Defense that could be used to provide mili-
tary funeral honors for veterans. 
(D) Analyze the costs associated with providing military 
funeral honors for veterans, including the costs associated with 
using personnel and other resources for that purpose. 
(E) Assess trends in the rate of death of veterans. 
(F) Propose, consider, and determine means of improving 
and increasing the availability of military funeral honors for 
veterans. 
(4) Not later than March 31, 1999, the Secretary of Defense 
shall submit to Congress a report on the conference. The report 
shall set forth any modifications to Department of Defense directives 
on military funeral honors adopted as a result of the conference 
and include any recommendations for legislation that the Secretary 
considers appropriate as a result of the conference. 
(b) HONOR GUARD DETAILS AT FUNERALS OF VETERANS.—(1) 
Chapter 75 of title 10, United States Code, is amended by adding 
at the end the following new section: 
*
*
§ 1491. Honor guard details at funerals of veterans 
"(a) AVAILABILITY.—The Secretary of a military department 
shall, upon request, provide an honor guard detail (or ensure that 
an honor guard detail is provided) for the funeral of any veteran 
that occurs after December 31,1999. 
"(b) COMPOSITION OF HONOR GUARD DETAILS.—The Secretary 
of each military department shall ensure that an honor guard 
detail for the funersd of a veteran consists of not less than three 
persons and (unless a bugler is part of the detail) has the capability 
to play a recorded version of Taps. 
"(c) PERSONS FORMING HONOR GUARDS.—An honor guard detail 
may consist of members of the armed forces or members of veterans 
organizations or other organizations approved for purposes of this 
section under regulations prescribed by the Secretary of Defense. 
The Secretary of a military department may provide transportation, 
or reimbursement for transportation, and expenses for a person 
who participates in an honor guard detail under this section and 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2031 
is not a member of the armed forces or an employee of the United 
States. 
"(d) REGULATIONS.—^The Secretary of Defense shall by regula-
tion establish a system for selection of units of the armed forces 
and other organizations to provide honor guard details. The system 
shall place an emphasis on balancing the funeral detail workload 
among the units and organizations providing honor guard details 
in an equitable manner as they are able to respond to requests 
for such details in terms of geographic proximity and available 
resources. The Secretary shall provide in such regulations that 
the armed force in which a veteran served shall not be considered 
to be a factor when selecting the military unit or other organization 
to provide an honor guard detail for the funeral of the veteran. 
"(e) ANNUAL REPORT.—^The Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a report 
not later than January 31 of each year beginning with 2001 and 
ending with 2005 on the experience of the Department of Defense 
under this section. Each such report shall provide data on the 
number of funerals supported under this section, the cost for that 
support, shown by manpower and other cost factors, and the number 
and costs of funerals supported by each participating organization. 
The data in the report shall be presented in a standard format, 
regardless of military department or other organization. 
"(f) VETERAN DEFINED.—In this section, the term Veteran' has 
the meaning given that term in section 101(2) of title 38.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1491. Honor guard details at funerals of veterans.". 
(c) TREATMENT OF PERFORMANCE OF HONOR GUARD FUNCTIONS 
B
Y RESERVES.—(1) Chapter 1215 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"^ 12552. Funeral honor guard functions: prohibition of treat-
ment as drill or training 
"Performance by a Reserve of honor guard functions at the 
funeral of a veteran may not be considered to be a period of 
drill or training otherwise required.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"12552. Funeral honor guard functions: prohibition of treatment as drill or train-
ing.". 
(d) REPEAL OF LIMITATION ON AVAILABILITY OF FUNDS FOR 
HONOR GUARD FUNCTIONS BY NATIONAL GUARD.—Section 114 of 
title 32, United States Code, is amended— 
(1) by striking out "(a)"; and 
(2) by striking out subsection (b). 
(e) VETERANS SERVICE ORGANIZATION DEFINED.—In this section, 
the term "veterans service organization" means any organization 
recognized by the Secretary of Veterans Affairs under section 5902 
of title 38, United States Code. 
SEC. 568. STATUS IN THE NAVAL RESERVE OF CADETS AT THE MER-
CHANT MARINE ACADEMY. 
Section 1303(c) of the Merchant Marine Act, 1936 (46 U.S.C. 46 USC app. 
App. 1295(c)), is amended— 
I295b. 
112 STAT. 2032 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) by inserting "(1)" after "(c)"; 
(2) by striking out "may" and inserting in lieu thereof 
"shall"; and 
(3) by adding at the end the following: 
"(2) The Secretary of the Navy shall provide for cadets of 
the Academy who are midshipmen in the United States Naval 
Reserve to be issued an identification card (referred to as a 'military 
ID card') and to be entitled to all rights and privileges in accordance 
with the same eligibility criteria as apply to other members of 
the Ready Reserve of the reserve components of the Armed Forces. 
"(3) The Secretary of the Navy shall carry out paragraphs 
(1) and (2) in coordination with the Secretary.". 
SEC. 569. REPEAL OF RESTRICTION ON CIVILIAN EMPLOYMENT OF 
ENLISTED MEMBERS. 
(a) REPEAL.—Section 974 of title 10, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 49 of such title is amended by striking out the 
item relating to section 974. 
SEC. 570. TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENT 
CHILDREN NOT RESIDING WITH THE SPOUSE OR 
FORMER SPOUSE OF A MEMBER CONVICTED OF DEPEND-
ENT ABUSE. 
(a) 
ENTITLEMENT 
NOT CONDITIONED 
ON FORFEITURE 
OF 
SPOUSAL COMPENSATION.—Subsection (d) of section 1059 of title 
10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking out "(except as otherwise provided in 
this subsection)"; and 
(B) by inserting before the period the following: ", 
including an amount (determined under subsection (f)(2)) 
for each, if any, dependent child of the individual described 
in subsection (b) who resides in the same household as 
that spouse or former spouse"; 
(2) in paragraph (2)— 
(A) by striking out "(but for subsection (g)) would be 
eligible" and inserting in lieu thereof "is or, but for sub-
section (g), would be eligible"; and 
(B) by striking out "such compensation" and inserting 
in lieu thereof "compensation under this section"; and 
(3) in paragraph (4), by striking out "For purposes of para-
graphs (2) and (3)" and inserting in lieu thereof "For purposes 
of this subsection". 
(b) AMOUNT OF PAYMENT.—Subsection (f)(2) of such section 
is amended by striking out "has custody of a dependent child 
or children of the member" and inserting in lieu thereof "has custody 
of a dependent child of the member who resides in the same 
household as that spouse or former spouse". 
10 use 1059 
(c) PROSPECTIVE APPLICABILITY.—No benefits shall accrue by 
note. 
reason of the amendments made by this section for any month 
that begins before the date of the enactment of this Act. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2033 
SEC. 571. PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL 
10 USC 520 note. 
DIPLOMA RECIPIENTS AS HIGH SCHOOL GRADUATES 
FOR DETERMINATIONS OF ELIGIBIUTY FOR ENLIST-
MENT IN THE ARMED FORCES. 
(a) PROGRAM REQUIRED.—^The Secretary of Defense shall estab-
lish a pilot program to assess whether the Armed Forces could 
better meet recruiting requirements by treating GED recipients 
and home school diploma recipients as having graduated from high 
school with a high school diploma for the purpose of determining 
the eligibility of those persons to enlist in the Armed Forces. The 
Secretary of each military department shall administer the pilot 
program for the Armed Force or armed forces under the jurisdiction 
of that Secretary. 
(b) PERSONS ELIGIBLE UNDER THE PILOT PROGRAM AS HIGH 
SCHOOL GRADUATES.—^Under the pilot program, a person shall be 
treated as having graduated from high school with a high school 
diploma for the purpose described in subsection (a) if— 
(1) the person has completed a general education develop-
ment program while participating in the National Guard Chal-
lenge Program under section 509 of title 32, United States 
Code, and is a GED recipient; or 
(2) the person is a home school diploma recipient and 
provides a transcript demonstrating completion of high school 
to the military department involved under the pilot program. 
(c) GED A
N
D HOME SCHOOL DIPLOMA RECIPIENTS.—^For the 
purposes of this section— 
(1) a person is a GED recipient if the person, after complet-
ing a general education development program, has obtained 
certification of high school equivalency by meeting State 
requirements and passing a State approved exam that is 
administered for the purpose of providing an appraisal of the 
person's achievement or performance in the broad subject mat-
ter areas usually required for high school graduates; and 
(2) a person is a home school diploma recipient if the 
person has received a diploma for completing a program of 
education through the high school level at a home school, 
without regard to whether the home school is treated as a 
private school under the law of the State in which located. 
(d) ANNUAL LIMIT ON NUMBER.—Not more than 1,250 GED 
recipients and home school diploma recipients enlisted by an armed 
force during a fiscal year may be treated under the pilot program 
as having graduated from high school with a high school diploma. 
(e) DURATION OF PILOT PROGRAM.—^The pilot program shall 
be in effect during the period beginning on October 1, 1998, and 
ending on September 30, 2003. 
(f) REPORT.—Not later than February 1, 2004, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives a report on the pilot program. The report shall 
include the following, set forth separately for GED recipients and 
home school diploma recipients: 
(1) The assessment of the Secretary of Defense, and any 
assessment of any of the Secretaries of the military depart-
ments, regarding the value of, and any necessity for, authority 
to treat GED recipients and home school diploma recipients 
as having graduated from high school with a high school 
112 STAT. 2034 
PUBLIC LAW 105-261—OCT. 17, 1998 
diploma for the purpose of determining the eligibility of those 
persons to enlist in the Armed Forces. 
(2) A comparison (shown by armed force and by each fiscal 
year of the pilot program) of the performance of the persons 
who enlisted during the fiscal year as GED or home school 
diploma recipients treated under the pilot program as having 
graduated from high school with a high school diploma with 
the performance of the persons who enlisted in that armed 
force during the same fiscal year after having graduated from 
high school with a high school diploma, with respect to the 
following: 
(A) Attrition. 
(B) Discipline. 
(C) Adaptability to military life. 
(D) Aptitude for mastering the skills necessary for 
technical specialties. 
(E) Reenlistment rates. 
(g) STATE DEFINED.—For purposes of this section, the term 
"State" includes the District of Columbia, the Commonwealth of 
Puerto Rico, and the territories of the United States. 
SEC. 572. SENSE OF CONGRESS CONCERNING NEW PARENT SUPPORT 
PROGRAM AND MIUTARY FAMILIES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the New Parent Support Program that was begun as 
a pilot program of the Marine Corps at Camp Pendleton, 
California, has been an effective tool in curbing family violence 
within the military community; 
(2) such program is a model for future New Parent Support 
Programs throughout the Marine Corps, Navy, Army, and Air 
Force; and 
(3) in light of the pressures and strains placed upon mili-
tary families and the benefits of the New Parent Support Pro-
gram in helping "at-risk" families, the Department of Defense 
should seek ways to ensure that in future fiscal years funds 
are made available for New Parent Support Programs for the 
Army, Navy, Air Force, and Marine Corps in amounts sufficient 
to meet requirements for those programs. 
(b) REPORT.—^Not later than 120 days £ifter the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the New Parent Support Program of the 
Department of Defense. The Secretary shall include in the report 
the following: 
(1) A description of how the Army, Navy, Air Force, and 
Marine Corps are each implementing a New Parent Support 
Program and how each such program is organized, 
(2) A description of how the implementation of programs 
for the Army, Navy, and Air Force compare to the fully imple-
mented Marine Corps program. 
(3) The number of installations that the four Armed Forces 
have each scheduled to receive support for the New Parent 
Support Program. 
(4) The number of installations delayed in providing the 
prog;ram. 
(5) The number of programs terminated. 
(6) The number of programs with reduced support. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2035 
(7) The funding provided for those programs for each of 
the four Armed Forces for each of fiscal years 1994 through 
1999 and the amount projected to be provided for those pro-
grams for fiscal year 2000 and, if the amount provided for 
any of those programs for any such year is less that the amount 
needed to fully fund that program for that year, an explanation 
of the reasons for the shortfall. 
SEC. 573. ADVANCEMENT OF BENJAMIN O. DAVIS, JUNIOR, TO GRADE 
OF GENERAL ON THE RETIRED LIST OF THE AIR FORCE. 
(a) AUTHORITY.—^The President is authorized to advance President. 
Lieutenant Greneral Benjamin O. Davis, Junior, United States Air 
Force, retired, to the grade of general on the retired list of the 
Air Force. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—An advancement 
of Benjamin O. Davis, Junior, to the grade of general on the retired 
list of the Air Force under subsection (a) shall not increase or 
change the compensation or benefits from the United States to 
which any person is now or may in the future be entitled based 
upon the military service of the said Benjamin O. Davis, Junior. 
SEC. 574. SENSE OF THE HOUSE OF REPRESENTATIVES CONCERNING 
ADHERENCE BY CIVILIANS IN MILITARY CHAIN OF COM-
MAND TO THE STANDARD OF EXEMPLARY CONDUCT 
REQUIRED OF COMMANDING OFFICERS AND OTHERS IN 
AUTHORITY IN THE ARMED FORCES. 
It is the sense of the House of Representatives that civilians 
in the military chain of command (as provided in section 162(b) 
of title 10, United States Code) should (in the same manner as 
is required by law of commanding officers and others in authority 
in the Armed Forces)— 
(1) show in themselves a good example of virtue, honor, 
and patriotism and subordinate themselves to those ideals; 
(2) be vigilant in inspecting the conduct of all persons 
who are placed under their command; 
(3) guard against and put an end to all dissolute and 
immoral practices and correct, according to the laws and regula-
tions of the Armed Forces, all persons who are guilty of them; 
and 
(4) take all necessary and proper measures, under the 
laws, regulations, and customs of the Armed Forces, to promote 
and safeguard the morale, the physical well-being, and the 
general welfare of the officers and enlisted persons under their 
command or charge. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 1999. 
Sec. 602. Rate of pay for cadets and midshipmen at the service academies. 
Sec. 603. Basic allowance for housing outside the United States. 
Sec. 604. Basic allowance for subsistence for reserves. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Three-month extension of certain bonuses and special pay authorities for 
reserve forces. 
112 STAT. 2036 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 612. Three-month extension of certain bonuses and special pay authorities for 
nurse officer candidates, registered nurses, and nurse anesthetists. 
Sec. 613. Three-month extension of authorities relating to payment of other bonuses 
and special pays. 
Sec. 614. Increased hazardous duty pay for aerial flight crewmembers in certain pay 
grades. 
Sec. 615. Aviation career incentive pay and aviation officer retention bonus. 
Sec. 616. Diving duty special pay for divers having diving duty as a nonprimary 
duty. 
Sec. 617. Hardship duty pay. 
Sec. 618. Selective reenlistment bonus eligibility for Reserve members performing 
active Guard and Reserve duty. 
Sec. 619. Repeal of 10 percent limitation on certain selective reenlistment bonuses. 
Sec. 620. Increase in maximum amount authorized for Army enlistment bonus. 
Sec. 621. Equitable treatment of Reserves eligible for special pay for duty subject to 
hostile fire or imminent danger. 
Sec. 622. Retention incentives initiative for critically short military occupational 
specialties. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 631. Payments for movements of household goods arranged by members. 
Sec. 632. Exception to maximum weight allowance for baggage and household 
effects. 
Sec. 633. Travel and transportation allowances for travel performed by members in 
connection with rest and recuperative leave from overseas stations. 
Sec. 634. Storage of baggage of certain dependents. 
Sec. 635. Commercial travel of Reserves at Federal supply schedule rates for attend-
ance at inactive-duty training assemblies. 
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters 
Sec. 641. Paid-up coverage under Survivor Benefit Plan. 
Sec. 642. Survivor Benefit Plan open enrollment period. 
Sec. 643. Effective date of court-required former spouse Survivor Benefit Plan 
coverage effectuated through elections and deemed elections. 
Sec. 644. Presentation of United States flag to members of the Armed Forces upon 
retirement. 
Sec. 645. Recovery, care, and disposition of remains of medically retired member 
who dies during hospitalization that begins while on active duty. 
Sec. 646. Revision to computation of retired pay for certain members. 
Sec. 647. Elimination of backlog of unpaid retired pay. 
Subtitle E—Otlier Matters 
Sec. 651. Definition of possessions of the United States for pay and allowances 
purposes. 
Sec. 652. Accounting of advance payments. 
Sec. 653. Reimbursement of rental vehicle costs when motor vehicle transported at 
Government expense is late. 
Sec. 654. Education loan repayment program for health professions officers serving 
in Selected Reserve. 
Sec. 655. Federal employees' compensation coverage for students participating in 
certain ofiicer candidate programs. 
Sec. 656. Relationship of enlistment bonuses to eligibility to receive Army college 
fund supplement under Montgomery GI Bill Educational Assistance 
Program. 
Sec. 657. Authority to provide financial assistance for education of certain defense 
dependents overseas. 
Sec. 658. Clarifications concerning payments to certain persons captured or interned 
by North Vietnam. 
Subtitle A—Pay and Allowances 
37 u s e 1009 
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999. 
^°^' 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Except as provided 
in subsection (b), the adjustment to become effective during fiscal 
year 1999 required by section 1009 of title 37, United States Code, 
in the rate of monthly basic pay authorized members of the uni-
formed services by section 203(a) of such title shall not be made. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2037 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 1999, 
the rates of basic pay of members of the uniformed services shall 
be increased by the greater of— 
(1) 3.6 percent; or 
(2) the percentage increase determined under subsection 
(c) of section 1009 of title 37, United States Code, by which 
the monthly basic pay of members would be adjusted under 
subsection (a) of that section on that date in the absence 
of subsection (a) of this section. 
SEC. 602. RATE OF PAY FOR CADETS AND MIDSHIPMEN AT THE SERV-
ICE ACADEMIES. 
(a) INCREASED RATE.—Section 203(c) of title 37, United States 
Code, is amended by striking out "$558.04" and inserting in lieu 
thereof "$600.00". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
37 USC 203 note, 
shall take effect on January 1, 1999. 
SEC. 603. BASIC ALLOWANCE FOR HOUSING OUTSIDE THE UNITED 
STATES. 
(a) PAYMENT OF CERTAIN EXPENSES RELATED TO OVERSEAS 
HOUSING.—Section 403(c) of title 37, United States Code, is amend-
ed by adding at the end the following new psiragraph: 
"(3)(A) In the case of a member of the uniformed services 
authorized to receive an allowance under paragraph (1), the Sec-
retary concerned may make a lump-sum pa3mient to the member 
for required deposits and advance rent, and for expenses relating 
thereto, that are— 
"(i) incurred by the member in occupying private housing 
outside of the United States; and 
"(ii) authorized or approved under regulations prescribed 
by the Secretary concerned. 
"(B) Expenses for which a member may be reimbursed under 
this paragraph may include losses relating to housing that are 
sustained by the member as a result of fluctuations in the relative 
value of the currencies of the United States and the foreign country 
in which the housing is located. 
"(C) The Secretary concerned shall recoup the full amount 
of any deposit or advance rent payments made by the Secretary 
under subparagraph (A), including any gain resulting from currency 
fluctuations 
between the time of payment and the time of 
recoupment.". 
(b) CONFORMING AMENDMENT.—Section 405 of title 37, United 
States Code, is amended by striking out subsection (c). 
(c) RETROACTIVE APPLICATION.—The reimbursement authority 
37 use 403 note. 
provided by section 403(c)(3)(B) of title 37, United States Code, 
as added by subsection (a), applies with respect to losses relating 
to housing that are sustained, on or after July 1, 1997, by a 
member of the uniformed services as a result of fluctuations in 
the relative value of the currencies of the United States and the 
foreign country in which the housing is located. 
SEC. 604. BASIC ALLOWANCE FOR SUBSISTENCE FOR RESERVES. 
(a) IN GENERAL.—Section 402 of title 37, United States Code, 
is amended— 
(1) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively; and 
112 STAT. 2038 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) by inserting after subsection (d) the following new sub-
section: 
"(e) 
SPECIAL RULE FOR CERTAIN ENLISTED RESERVE MEM-
BERS,—^Unless entitled to basic pay under section 204 of this title, 
an enlisted member of a reserve component may receive, at the 
discretion of the Secretary concerned, rations in kind, or a part 
thereof, when the member's instruction or duty periods, as described 
in section 206(a) of this title, total at least 8 hours in a calendar 
day. The Secretary concerned may provide an enlisted member 
who could be provided rations in kind under the preceding sentence 
with a commutation when rations in kind are not available.". 
(b) 
APPLICATION 
DURING 
TRANSITIONAL 
PERIOD.—Section 
602(d)(1) of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 37 U.S.C. 402 note) is amended by 
adding at the end the following new subparagraph: 
"(D) 
SPECIAL RULE FOR CERTAIN ENLISTED RESERVE 
MEMBERS.—^Unless entitled to basic pay under section 204 
of title 37, United States Code, an enlisted member of 
a reserve component (as defined in section 101(24) of such 
title) may receive, at the discretion of the Secretary con-
cerned (as defined in section 101(5) of such title), rations 
in kind, or a part thereof, when the member's instruction 
or duty periods (as described in section 206(a) of such 
title) total at least 8 hours in a calendar day. The Secretary 
concerned may provide an enlisted member who could be 
provided rations in kind under the preceding sentence with 
a commutation when rations in kind are not available.". 
Subtitle B—^Bonuses and Special and 
Incentive Pays 
SEC. 611. THREE-MONTH EXTENSION OF CERTAIN BONUSES AND SPE-
CIAL PAY AUTHORITIES FOR RESERVE FORCES. 
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY 
SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United 
States Code, is amended by striking out "September 30, 1999" 
and inserting in lieu thereof "December 31, 1999". 
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1999" and inserting in lieu thereof "December 31, 1999". 
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1999" and inserting in lieu thereof "December 31, 1999". 
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 
HIGH PRIORITY UNITS.—Section 308d(c) of title 37, United States 
Code, is amended by striking out "September 30, 1999" and insert-
ing in lieu thereof "December 31,1999". 
(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) 
of title 37, United States Code, is amended by striking out "Septem-
ber 30, 1999" and inserting in lieu thereof "December 31, 1999". 
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 
Section 308h(g) of title 37, United States Code, is amended by 
striking out "September 30, 1999" and inserting in lieu thereof 
't)ecember31,1999". 
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of title 
37, United States Code, as redesignated by section 622, is amended 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2039 
by striking out "September 30, 1999" and inserting in lieu thereof 
"December 31, 1999". 
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
16302(d) of title 10, United States Code, is amended by striking 
out "October 1, 1999" and inserting in lieu thereof "January 1, 
2000". 
SEC. 612. THREE-MONTH EXTENSION OF CERTAIN BONUSES AND 
SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CAN-
DIDATES, REGISTERED NURSES, AND NURSE ANES-
THETISTS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(l) of title 10, United States Code, is amended by striking 
out "September 30, 1999" and inserting in lieu thereof "December 
31, 1999". 
(b) 
ACCESSION 
BONUS 
FOR REGISTERED 
NURSES.—Section 
302d(a)(l) of title 37, United States Code, is amended by striking 
out "September 30, 1999" and inserting in lieu thereof "December 
31, 1999". 
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of title 37, United States Code, is amended by striking 
out "September 30, 1999" and inserting in lieu thereof "December 
31,1999". 
SEC. 613. THREE-MONTH EXTENSION OF AUTHORITIES RELATING TO 
PAYMENT OF OTHER BONUSES AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking out "September 
30, 1999," and inserting in lieu thereof "December 31,1999,". 
(b) 
REENLISTMENT 
BONUS FOR ACTIVE 
MEMBERS.—Section 
308(g) of title 37, United States Code, is amended by striking 
out "September 30, 1999" and inserting in lieu thereof "December 
31, 1999". 
(c) 
ENLISTMENT 
BONUSES 
FOR MEMBERS 
WITH 
CRITICAL 
SKILLS.—Sections 308a(c) and 308f(c) of title 37, United States 
Code, are each amended by striking out "September 30, 1999" 
and inserting in lieu thereof "December 31,1999", 
(d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING 
PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United 
States Code, is amended by striking out "September 30, 1999" 
and inserting in lieu thereof "December 31,1999", 
(e) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
title 37, United States Code, is amended by striking out "September 
30, 1999" and inserting in lieu thereof "December 31,1999". 
(f) 
NUCLEAR 
CAREER ANNUAL 
INCENTIVE 
BONUS.—Section 
312c(d) of title 37, United States Code, is amended by striking 
out "October 1, 1999" and inserting in lieu thereof "October 1, 
1998, and the 15-month period beginning on that date and ending 
on December 31,1999". 
SEC. 614. INCREASED HAZARDOUS DUTY PAY FOR AERIAL FUGHT 
CREWMEMBERS IN CERTAIN PAY GRADES. 
(a) RATES.—The table in section 301(b) of title 37, United 
States Code, is amended by striking out the items relating to 
pay grades E-4, E-5, E-6, E-7, E-8, and E-9, and inserting in 
lieu uiereof the following: 
112 STAT. 2040 
PUBLIC LAW 105-261—OCT. 17, 1998 
"E-9 
240 
E-8 
240 
E-7 
240 
E-6 
215 
E-5 
190 
E-4 
165". 
37 use 301 note. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall take effect on October 1, 1998, and shall apply with respect 
to months beginning on or after that date. 
SEC. 615. AVIATION CAREER INCENTIVE PAY AND AVIATION OFFICER 
RETENTION BONUS. 
(a) DEFINITION OF AVIATION SERVICE.—(1) Section 301a(a)(6) 
of title 37, United States Code, is amended— 
(A) by redesignating subparagraphs (A), (B), and (C) as 
subparagraphs (B), (C), and (D), respectively; and 
(B) by inserting before subparagraph (B) (as so redesig-
nated) the following new subparagraph: 
"(A) The term 'aviation service' means service performed 
by an officer (except a flight surgeon or other medical officer) 
while holding an aeronautical rating or designation or while 
in training to receive an aeronautical rating or designation.". 
(2) Section 301b(j) of such title is amended by striking out 
paragraph (1) and inserting in lieu thereof the following new para-
graph: 
"(1) The term 'aviation service' means service performed 
by an ofRcer (except a flight surgeon or other medical officer) 
while holding an aeronautical rating or designation or while 
in training to receive an aeronautical rating or designation.". 
(b) AMOUNT OF INCENTIVE PAY.—Subsection (b) of section 301a 
of such title is amended to read as follows: 
"(b)(1) A member who satisfies the requirements described in 
subsection (a) is entitled to monthly incentive pay as follows: 
"Years of aviation service (including 
Monthly 
flight training) as an officer: 
rate 
2 or less 
$125 
Over 2 
$156 
Over 3 
$188 
Over 4 
$206 
Over 6 
$650 
Over 14 
$840 
Over 22 
$585 
Over 23 
$495 
Over 24 
$385 
Over 25 
$250 
"(2) An officer in a pay grade above 0-6 is entitled, until 
the officer completes 25 years of aviation service, to be paid at 
the rates set forth in the table in paragraph (1), except that— 
"(A) an officer in pay grade 0-7 may not be paid at a 
rate greater than $200 a month; and 
"(B) an officer in pay grade 0-8 or above may not be 
paid at a rate greater than $206 a month. 
"(3) For a warrant officer with over 22, 23, 24, or 25 years 
of aviation service who is qualified under subsection (a), the rate 
prescribed in the table in paragraph (1) for officers with over 
14 years of aviation service shall continue to apply to the warrant 
officer.". 
(c) REFERENCES TO AVIATION SERVICE.—(1) Section 301a of 
such title is further amended— 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2041 
(A) in subsection (a)(4)— 
(i) by striking out "22 years of the officer's service 
as an officer" and inserting in lieu thereof "22 years of 
aviation service of the officer'; and 
(ii) by striking out "25 years of service as an officer 
(as computed under section 205 of this title)" and inserting 
in lieu thereof "25 years of aviation service"; and 
(B) in subsection (d), by striking out "subsection (b)(1) 
or (2), as the case may be, for the performance of that duty 
by a member of corresponding years of aviation or officer serv-
ice, as appropriate," and inserting in lieu thereof "subsection 
(b) for the performance of that duty by a member with cor-
responding years of aviation service". 
(2) Section 301b(b)(5) of such title is amended by striking 
out "active duty" and inserting in lieu thereof "aviation service". 
(d) CONFORMING AMENDMENT.—Section 615 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1787) is repealed. 
37 USC 301a and 
SEC. 616. DIVING DUTY SPECIAL PAY FOR DIVERS HAVING DIVING °°*® 
DUTY AS A NONPRIMARY DUTY. 
(a) 
ELIGIBILITY 
FOR MAINTAINING 
PROFICIENCY.—Section 
304(a)(3) of title 37, United States Code, is amended to read as 
follows: 
"(3) either— 
"(A) actually performs diving duty while serving in 
an assignment for which diving is a primary duty; or 
"(B) meets the requirements to maintain proficiency 
as described in paragraph (2) while serving in an assign-
ment that includes diving duty other than as a primary 
duty.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 37 use 304 note, 
shall take effect on October 1, 1998, and shall apply with respect 
to months beginning on or after that date. 
SEC. 617. HARDSHIP DUTY PAY. 
(a) DUTY FOR WHICH PAY AUTHORIZED.—Section 305 of title 
37, United States Code, is amended— 
(1) in subsection (a), by striking out "on duty at a location" 
and all that follows through the period at the end of the 
subsection and inserting in lieu thereof "performing duty in 
the United States or outside the United States that is des-
ignated by the Secretary of Defense as hardship duty."; 
(2) by striking out subsections (b) and (c); 
(3) in subsection (d), by striking out "hardship duty location 
pay" and inserting in lieu thereof "hardship duty pay"; and 
(4) by redesignating subsection (d) as subsection (b). 
(b) CONFORMING AMENDMENT.—Section 907(d) of such title is 
amended by striking out "duty at a hardship duty location" and 
inserting in lieu thereof "hardship dut/'. 
(c) CLERICAL AMENDMENTS.—<1) The heading for section 305 
of such title is amended to read as follows: 
*
*
§ 305. Special pay: hardship duty pay". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 5 of such title is amended to read 
as follows: 
"305. Special pay: hardship duty pay.". 
112 STAT. 2042 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 618. SELECTIVE 
REENLISTMENT 
BONUS 
ELIGIBILITY 
FOR 
RESERVE MEMBERS PERFORMING ACTIVE GUARD AND 
RESERVE DUTY. 
Section 308(a)(1)(D) of title 37, United States Code, is amended 
to read as follows: 
"(D) reenlists or voluntarily extends the member's enlist-
ment for a period of at least three years— 
"(i) in a regular component of the service concerned; 
or 
"(ii) in a reserve component of the service concerned, 
if the member is performing active Guard and Reserve 
duty (as defined in section 101(d)(6) of title 10).". 
SEC. 619. REPEAL OF TEN PERCENT LIMITATION ON CERTAIN SELEC-
TIVE REENLISTMENT BONUSES. 
Section 308(b) of title 37, United States Code, is amended— 
(1) by striking out paragraph (2); and 
(2) by striking out"(1)" after "(b)". 
SEC. 620. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR ARMY 
ENLISTMENT BONUS. 
Section 308f(a) of title 37, United States Code, is amended 
by striking out "$4,000" and inserting in lieu thereof "$6,000". 
SEC. 621. EQUITABLE TREATMENT OF RESERVES ELIGIBLE FOR SPE-
CIAL PAY FOR DUTY SUBJECT TO HOSTILE FIRE OR 
IMMINENT DANGER. 
Section 310(b) of title 37, United States Code, is amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding at the end the following new paragraph: 
"(2) A member of a reserve component who is eligible for 
special pay under this section for a month shall receive the full 
amount authorized in subsection (a) for that month regardless 
of the number of days during that month on which the member 
satisfies the eligibility criteria specified in such subsection.". 
37 use 301 note. 
SEC. 622. RETENTION INCENTIVES INITIATIVE FOR CRITICALLY SHORT 
MILITARY OCCUPATIONAL SPECIALTIES. 
(a) REQUIREMENT FOR NEW INCENTIVES.—^The Secretary of 
Defense shall establish and provide for members of the Armed 
Forces qualified in critically short military occupational specialties 
a series of new incentives that the Secretary considers potentially 
effective for increasing the rates at which those members are 
retained in the Armed Forces for service in such specialties. 
(b) CRITICALLY SHORT MILITARY OCCUPATIONAL SPECIALTIES.— 
For the purposes of this section, a military occupational specialty 
is a critically short military occupational specialty for an Armed 
Force if the number of members retained in that Armed Force 
in fiscal year 1998 for service in that specialty is less than 50 
percent of the number of members of that Armed Force that were 
projected to be retained in that Armed Force for service in the 
specialty by the Secretary of the military department concerned 
asofOctober 1, 1997. 
(c) INCENTIVES.—It is the sense of Congress that, among the 
new incentives established and provided under this section, the 
Secretary of Defense should include the following incentives: 
(1) Family support and leave allowances. 
(2) Increased special reenlistment or retention bonuses. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2043 
(3) Repayment of educational loans. 
(4) Priority of selection for assignment to preferred perma-
nent duty station or for extension at permanent duty station. 
(5) Modified leave policies. 
(6) Special consideration for Government housing or addi-
tional housing allowances. 
(d) RELATIONSHIP TO OTHER INCENTIVES.—Incentives provided 
under this section are in addition to any special pay or other 
benefit that is authorized under any other provision of law. 
(e) REPORTS.—(1) Not later than December 1, 1998, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report that identifies, for each of the Armed Forces, the 
critically short military occupational specialties to which incentives 
under this section are to apply. 
(2) Not later than April 15, 1999, the Secretary of Defense 
shall submit to the congressional defense committees a report that 
specifies, for each of the Armed Forces, the incentives that are 
to be provided under this section. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 631. PAYMENTS FOR MOVEMENTS OF HOUSEHOLD GOODS 
ARRANGED BY MEMBERS. 
(a) MONETARY ALLOWANCE AUTHORIZED.—Subsection (b)(1) of 
section 406 of title 37, United States Code, is amended— 
(1) in subparagraph (A)— 
(A) by striking out ", or reimbursement therefor,"; and 
(B) by inserting after the second sentence the following 
new sentence: "Alternatively, the member may be paid 
reimbursement or a monetary allowance under subpara-
graph (F)."; and 
(2) by adding at the end the following new subparagraph: 
"(F) A member entitled to transportation of baggage and house-
hold effects under subparagraph (A) may, as an alternative to 
the provision of transportation, be paid reimbursement or, at the 
member's request, a monetary allowance in advance for the cost 
of transportation of the baggage and household effects. The mone-
tary allowance may be paid only if the amount of the allowance 
does not exceed the cost that would be incurred by the G^ovemment 
under subparagraph (A) for the transportation of the baggage and 
household effects. Appropriations available to the Department of 
Defense, the Department of Transportation, and the Department 
of Health and Human Services for providing transportation of bag-
gage or household effects of members of the liniformed services 
shall be available to pay a reimbursement or monetary allowance 
under this subparagraph. The Secretary concerned may prescribe 
the manner in which the risk of liability for damage, destruction, 
or loss of baggage or household effects arranged, packed, crated, 
or loaded by a member is allocated among the member, the United 
States, and any contractor when a reimbursement or monetary 
allowance is elected under this subparagraph.". 
(b) REPEAL OF SUPERSEDED PROVISION.—(1) Such section is 
further amended— 
(A) by striking out subsection (j); and 
112 STAT. 2044 
PUBLIC LAW 105-261—OCT. 17, 1998 
(B) by redesignating subsections (k), (1), and (m) as sub-
sections (j), (k), and (1), respectively. 
(2) Section 2634(d) of title 10, United States Code, is amended 
by striking out "section 406(k)" and inserting in lieu thereof "section 
406(j)". 
SEC. 632. 
EXCEPTION 
TO 
MAXIMUM WEIGHT 
ALLOWANCE FOR 
BAG-
GAGE 
AND 
HOUSEHOLD 
EFFECTS. 
Section 406(b)(1)(D) of title 37, United States Code, is amended 
in the second sentence by inserting before the period the following: 
", unless the additional weight allowance in excess of such maximum 
is intended to permit the shipping of consumables that cannot 
be reasonably obtained at the new station of the member". 
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL 
PERFORMED BY MEMBERS IN CONNECTION WITH REST 
AND RECUPERATIVE LEAVE FROM OVERSEAS STATIONS. 
(a) PROVISION OF TRANSPORTATION.—Section 411c of title 37, 
United States Code, is amended by striking out subsection (b) 
and inserting in lieu thereof the following new subsection: 
"(b) When the transportation authorized by subsection (a) is 
provided by the Secretary concerned, the Secretary may use Govern-
ment or commercial carriers. The Secretary concerned may limit 
the amount of payments made to members under subsection (a).". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
*'§411c. Travel and transportation allowances: travel per-
formed in connection with rest and recuperative 
leave from certain stations in foreign countries'*. 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 7 of such title is amended to read 
as follows: 
"411c. Travel and transportation allowances: travel performed in connection with 
rest and recuperative leave from certain stations in foreign countries.". 
SEC. 
634. 
STORAGE 
OF 
BAGGAGE 
OF 
CERTAIN 
DEPENDENTS. 
Section 430(b) of title 37, United States Code, is amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding at the end the following new paragraph: 
"(2) At the option of the member, in lieu of the transportation 
of baggage of a dependent child under paragraph (1) from the 
dependent's school in the continental United States, the Secretary 
concerned may pay or reimburse the member for costs incurred 
to store the baggage at or in the vicinity of the school during 
the dependent's annual trip between the school and the member's 
duty station. The amount of the payment or reimbursement may 
not exceed the cost that the Government would incur to transport 
the baggage.". 
SEC. 635. COMMERCIAL TRAVEL OF RESERVES AT FEDERAL SUPPLY 
SCHEDULE RATES FOR ATTENDANCE AT INACTIVE-DUTY 
TRAINING ASSEMBLIES. 
(a) AUTHORITY.—Chapter 1217 of title 10, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2045 
"§ 12603. Attendance at inactive-duty training assemblies: 
commercial travel at Federal supply schedule 
rates 
"(a) FEDERAL SUPPLY SCHEDULE TRAVEL.—Commercial travel 
under Federal supply schedules is authorized for the travel of 
a Reserve to the location of inactive duty training to be performed 
by the Reserve and from that location upon completion of the 
training. 
"(b) REGULATIONS.—^The Secretary of Defense shall prescribe 
in regulations such requirements, conditions, and restrictions for 
travel under the authority of subsection (a) as the Secretary consid-
ers appropriate. The regulations shall include policies and proce-
dures for preventing abuses of that travel authority. 
"(c) REIMBURSEMENT NOT AUTHORIZED.—^A Reserve is not enti-
tled to Government reimbursement for the cost of travel authorized 
under subsection (a). 
"(d) 
TREATMENT OF TRANSPORTATION AS USE BY MILITARY 
DEPARTMENTS.—For the purposes of section 201(a) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)), 
travel authorized under subsection (a) shall be treated as transpor-
tation for the use of a military department.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"12603. Attendance at inactive-duty training assemblies: commercial travel at Fed-
eral supply schedule rates.". 
Subtitle D—Retired Pay, Survivor Benefits, 
and Related Matters 
SEC. 641. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN. 
Section 1452 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(j) COVERAGE PAID U P AT 30 YEARS AND AGE 70.—Effective 
Effective date. 
October 1, 2008, no reduction may be made under this section 
in the retired pay of a participant in the Plan for any month 
after the later of— 
"(1) the 360th month for which the participant's retired 
pay is reduced under this section; and 
"(2) the month during which the participant attains 70 
years of age.". 
SEC. 642. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT PERIOD. 
10 USC 1448 
(a) 
PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR 
BENEFIT PLAN.— 
(1) ELECTION OF SBP COVERAGE.—An eligible retired or 
former member may elect to participate in the Survivor Benefit 
Plan during the open enrollment period specified in subsection 
(d). 
(2) ELECTION OF SUPPLEMENTAL ANNUITY COVERAGE.—^An 
eligible retired or former member who elects under paragraph 
(1) to participate in the Survivor Benefit Plan may also elect 
during the open enrollment period to participate in the Supple-
mental Survivor Benefit Plan. 
112 STAT. 2046 
PUBLIC LAW 105-261—OCT. 17, 1998 
(3) ELIGIBLE RETIRED OR FORMER MEMBER.—^For purposes 
of paragraphs (1) and (2), an eligible retired or former member 
is a member or former member of the uniformed services who 
on the day before the first day of the open enrollment period 
is not a participant in the Survivor Benefit Plan and— 
(A) is entitled to retired pay; or 
(B) would be entitled to retired pay under chapter 
1223 of title 10, United States Code (or chapter 67 of 
such title as in effect before October 5, 1994), but for 
the fact that such member or former member is under 
60 years of age. 
(4) STATUS UNDER SBP OF PERSONS MAIQNG ELECTIONS.— 
(A) STANDARD ANNUITY.—A person making an election 
under paragraph (1) by reason of eligibility under para-
graph (3)(A) shall be treated for all purposes as providing 
a standard annuity under the Survivor Benefit Plan. 
(B) RESERVE-COMPONENT ANNUITY.—-A person making 
an election under paragraph (1) by reason of eligibility 
under paragraph (3)(B) shall be treated for all purposes 
as providing a reserve-component annuity under the Sur-
vivor Benefit Plan. 
(b) MANNER OF MAKING ELECTIONS.— 
(1) IN GENERAL.—^An election under this section must be 
made in writing, signed by the person making the election, 
and received by the Secretary concerned before the end of 
the open enrollment period. Except as provided in paragraph 
(2), any such election shall be made subject to the same condi-
tions, and with the same opportunities for designation of bene-
ficiaries and specification of base amount, that apply under 
the Survivor Benefit Plan or the Supplemental Survivor Benefit 
Plan, as the case may be. A person making an election under 
subsection (a) to provide a reserve-component annuity shall 
make a designation described in section 1448(e) of title 10, 
United States Code. 
(2) ELECTION MUST BE VOLUNTARY.—An election under this 
section is not effective unless the person making the election 
declares the election to be voluntary. An election to participate 
in the Survivor Benefit Plan under this section may not be 
required by any court. An election to participate or not to 
participate in the Survivor Benefit Plan is not subject to the 
concurrence of a spouse or former spouse of the person. 
(c) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall 
be effective as of the first day of the first calendar month following 
the month in which the election is received by the Secretary con-
cerned. 
(d) OPEN ENROLLMENT PERIOD DEFINED.—^The open enrollment 
period is the 1-year period beginning on Msirch 1, 1999. 
(e) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN 
Two YEARS OF MAKING ELECTION.—If a person making an election 
under this section dies before the end of the 2-year period beginning 
on the effective date of the election, the election is void and the 
amount of any reduction in retired pay of the person that is attrib-
utable to the election shall be paid in a lump sum to the person 
who would have been the deceased person's beneficiary under the 
voided election if the deceased person had died after the end of 
such 2-year period. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2047 
(f) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—^The provi-
sions of sections 1449, 1453, and 1454 of title 10, United States 
Code, are applicable to a person making an election, and to an 
election, under this section in the same manner as if the election 
were made under the Survivor Benefit Plan or the Supplemental 
Survivor Benefit Plan, as the case may be. 
(g) PREMIUMS FOR OPEN ENROLLMENT ELECTION.— 
(1) PREMIUMS TO BE CHARGED.—The Secretary of Defense Regulations, 
shall prescribe in regulations premiums which a person electing 
under this section shall be required to pay for participating 
in the Survivor Benefit Plan pursuant to the election. The 
total amount of the premiums to be paid by a person under 
the regulations shall be equal to the sum of— 
(A) the total amount by which the retired pay of the 
person would have been reduced before the effective date 
of the election if the person had elected to participate 
in the Survivor Benefit Plan (for the same base amount 
specified in the election) at the first opportunity that was 
afforded the member to participate under chapter 73 of 
title 10, United States Code; 
(B) interest on the amounts by which the retired pay 
of the person would have been so reduced, computed from 
the dates on which the retired pay would have been so 
reduced at such rate or rates and according to such meth-
odology as the Secretary of Defense determines reasonable; 
and 
(C) any additional amount that the Secretary deter-
mines necessary to protect the actuarigd soundness of the 
Department of Defense Military Retirement Fund against 
any increased risk for the fund that is associated with 
the election. 
(2) PREMIUMS TO BE CREDITED TO RETIREMENT FUND.— 
Premiums paid under the regulations shall be credited to the 
Department of Defense Military Retirement Fund. 
(h) DEFINITIONS.—In this section: 
(1) The term "Survivor Benefit Plan" means the program 
established under subchapter II of chapter 73 of title 10, United 
States Code. 
(2) The term "Supplemental Survivor Benefit Plan" means 
the program established under subchapter III of chapter 73 
of title 10, United States Code. 
(3) The term "retired pajr" includes retainer pay paid under 
section 6330 of title 10, United States Code. 
(4) The terms "uniformed services" and "Secretary con-
cerned" have the meanings given those terms in section 101 
of title 37, United States Code. 
(5) The term "Department of Defense Military Retirement 
Fund" means the Department of Defense Military Retirement 
Fund established under section 1461(a) of title 10, United 
States Code. 
SEC. 643. EFFECTIVE DATE OF COURT-REQUIRED FORMER SPOUSE 
SURVIVOR BENEFIT PLAN COVERAGE EFFECTUATED 
THROUGH ELECTIONS AND DEEMED ELECTIONS. 
(a) ELIMINATION OF DISPARITY IN EFFECTIVE DATE PROVI-
SIONS.—Section 1448(bX3) of title 10, United States Code, is 
amended— 
112 STAT. 2048 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) in subparagraph (C)— 
(A) by striking out the second sentence; and 
(B) by striking out "EFFECTIVE DATE," in the heading; 
and 
(2) by adding at the end the following new subparagraph: 
"(E) EFFECTIVE DATE OF ELECTiON.^An election under 
this paragraph is effective as of— 
"(i) the first day of the first month following the 
month in which the election is received by the Sec-
retary concerned; or 
"(ii) in the case of a person required (as described 
in section 1450(f)(3)(B) of this title) to make the elec-
tion by reason of a court order or filing the date of 
which is on or after the date of the enactment of 
the subparagraph, the first day of the first month 
which begins after the date of that court order or 
filing.", 
(b) CONFORMITY BY CROSS REFERENCE.—Section 1450(f )(3XD) 
of such title is amended by striking out "the first day of the 
first month which begins after the date of the court order or 
filing involved" and inserting in lieu thereof "the day referred 
to in section 1448(b)(3)(E)(ii) of this title". 
SEC. 644. PRESENTATION OF UNITED STATES FLAG TO MEMBERS OF 
THE ARMED FORCES UPON RETIREMENT, 
(a) ARMY.—(1) Chapter 353 of title 10, United States Code, 
is amended by inserting after the table of sections the following 
new section: 
*
*
§ 3681. Presentation of United States flag upon retirement 
"(a) PRESENTATION OF FLAG.—^Upon the release of a member 
of the Army from active duty for retirement, the Secretary of 
the Army shall present a United States flag to the member. 
"(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—^A member 
is not eligible for a presentation of a flag under subsection (a) 
if the member has previously been presented a flag under this 
section or section 6141 or 8681 of this title or section 516 of 
title 14. 
"(c) No COST TO RECIPIENT.—^The presentation of a flag under 
this section shall be at no cost to the recipient.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting before the item relating to section 3684 
the following new item: 
"3681. Presentation of United States flag upon retirement.". 
(b) NAVY AND MARINE CORPS.—(1) Chapter 561 of title 10, 
United States Code, is amended by inserting after the table of 
sections the following new section: 
^§6141. Presentation of United States flag upon retirement 
"(a) PRESENTATION OF FLAG.—^Upon the release of a member 
of the Navy or Marine Corps from active duty for retirement or 
transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, 
the Secretary of the Navy shall present a United States flag to 
the member. 
"(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—A member 
is not eligible for a presentation of a flag under subsection (a) 
if the member has previously been presented a flag under this 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2049 
section or section 3681 or 8681 of this title or section 516 of 
title 14. 
"(c) No COST TO RECIPIENT.—The presentation of a flag under 
this section shall be at no cost to the recipient.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting before the item relating to section 6151 
the following new item: 
"6141. Presentation of United States flag upon retirement.". 
(c) AIR FORCE.—(1) Chapter 853 of title 10, United States 
Code, is amended by inserting after the table of sections the follow-
ing new section: 
^§ 8681. Presentation of United States flag upon retirement 
"(a) PRESENTATION OF FLAG.—^Upon the release of a member 
of the Air Force from active duty for retirement, the Secretary 
of the Air Force shall present a United States flag to the member. 
"(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—A member 
is not eligible for a presentation of a flag under subsection (a) 
if the member has previously been presented a flag under this 
section or section 3681 or 6141 of this title or section 516 of 
title 14. 
"(c) No COST TO RECIPIENT.—The presentation of a flag under 
this section shall be at no cost to the recipient.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting before the item relating to section 8684 
the following new item: 
"8681. Presentation of United States flag upon retirement.". 
(d) COAST GUARD.—(1) Chapter 13 of title 14, United States 
Code, is amended by adding at the end the following new section: 
'*§516. Presentation of United States flag upon retirement 
"(a) PRESENTATION OF FLAG.—Upon the release of a member 
of the Coast Guard from active duty for retirement, the Secretary 
of Transportation shall present a United States flag to the member. 
"(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—^A member 
is not eligible for a presentation of a flag under subsection (a) 
if the member has previously been presented a flag under this 
section or section 3681, 6141, and 8681 of title 10. 
"(c) No COST TO RECIPIENT.—^The presentation of a flag under 
his section shall be at no cost to the recipient.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"516. Presentation of United States flag upon retirement". 
(e) EFFECTIVE DATE.—Sections 3681, 6141, and 8681 of title 
lo use 3681 
10, United States Code (as added by this section), and section ^°^-
516 of title 14, United States Code (as added by subsection (d)), 
shall apply with respect to releases from active duty described 
in those sections on or after October 1, 1998. 
SEC. 645. RECOVERY, CARE, AND DISPOSITION OF REMAINS OF MEDI-
CALLY RETIRED MEMBER WHO DIES DURING HOS-
PITALIZATION THAT BEGINS WHILE ON ACTIVE DUTY. 
(a) IN GENERAL.—^Paragraph (7) of section 1481(a) of title 10, 
United States Code, is amended to read as follows: 
"(7) A person who— 
112 STAT. 2050 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(A) dies as a retired member of an armed force under 
the Secretar/s jurisdiction during a continuous hospitaliza-
tion of the member as a patient in a United States hospital 
that began while the member was on active duty for a 
period of more than 30 days; or 
"(B) is not covered by subparagraph (A) and, while 
in a retired status by reason of eligibility to retire under 
chapter 61 of this title, dies during a continuous hos-
pitalization of the person that began while the person 
was on active duty as a Regular of an armed force under 
the Secretary's jurisdiction.". 
(b) REPEAL OF OBSOLETE TERMINOLOGY.—^Paragraph (1) of such 
section is amended by striking out ", or a member of an armed 
force without component,". 
10 use 1481 
(c) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
applies with respect to deaths occurring on or after the date of 
the enactment of this Act. 
SEC. 646. REVISION TO COMPUTATION OF RETIRED PAY FOR CERTAIN 
MEMBERS. 
Section 1406(i) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) EXCEPTION FOR MEMBERS REDUCED IN GRADE OR WHO 
DO NOT SERVE SATISFACTORILY.—Paragraph (1) does not apply 
in the case of a member who, while or after serving in a 
position specified in that paragraph and by reason of conduct 
occurring on or after the date of the enactment of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999— 
"(A) in the case of an enlisted member, is reduced 
in grade as the result of a court-martial sentence, non-
judicial punishment, or other administrative process; or 
"(B) in the case an officer, is not certified by the Sec-
retary of Defense under section 1370(c) of this title as 
having served on active duty satisfactorily in the grade 
of general or admiral, as the case may be, while serving 
in that position.". 
SEC. 647. ELIMINATION OF BACKLOG OF UNPAID RETIRED PAY. 
(a) REQUIREMENT.—The Secretary of the Army shall 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 members of the Army 
Reserve and the Army National Guard). 
(b) REPORT.—^Not later than 30 days after the date of the 
enactment 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 (a). 
(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. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2051 
Subtitle E—Other Matters 
SEC. 651. DEFINITION OF POSSESSIONS OF THE UNITED STATES FOR 
PAY AND ALLOWANCES PURPOSES. 
Section 101(2) of title 37, United States Code, is amended 
by striking out "the Canal Zone,". 
SEC. 
652. 
ACCOUNTING 
OF 
ADVANCE 
PAYMENTS. 
Section 1006(e) of title 37, United States Code, is amended— 
(1) by inserting "(1)" after "(e)"; and 
(2) by adding at the end the following new paragraph: 
"(2)(A) Notwithstanding any other provision of law, an obliga-
tion for an advance of pay made pursuant to this section shall 
be recorded as an obligation only in the fiscal year in which the 
entitlement of the member to the pay accrues. 
"(B) Current appropriations available for advance payments 
under this section may be transferred to the prior fiscal year appro-
priation available for the same purpose in the amount of any 
unliquidated advance payments that remain at the end of such 
prior fiscal year. Such unliquidated advance payments shall then 
be credited to the current appropriation.". 
SEC. 
653. 
REIMBURSEMENT 
OF 
RENTAL 
VEHICLE 
COSTS 
WHEN 
MOTOR 
VEHICLE 
TRANSPORTED 
AT 
GOVERNMENT 
EXPENSE 
IS 
LATE. 
(a) TRANSPORTATION IN CONNECTION WITH CHANGE OF PERMA-
NENT STATION.—Section 2634 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following new sub-
section: 
"(g) If a motor vehicle of a member (or a dependent of the 
member) that is transported at the expense of the United States 
under this section does not arrive at the authorized destination 
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the member for expenses incurred after 
that date to rent a motor vehicle for the member's use, or for 
the use of the dependent for whom the delayed vehicle was trans-
ported. The amount reimbursed may not exceed $30 per day, and 
the rental period for which reimbursement may be provided expires 
after 7 days or on the date on which the delayed vehicle arrives 
at the authorized destination (whichever occurs first).". 
(b) TRANSPORTATION IN CONNECTION WiTH OTHER MOVES.— 
Section 406(h) of title 37, United States Code, is amended by 
adding at the end the following new paragraph: 
"(3) If a motor vehicle of a member (or a dependent of the 
member) that is transported at the expense of the United States 
under this subsection does not arrive at the authorized destination 
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the member for expenses incurred after 
that date to rent a motor vehicle for the dependent's use. The 
amount reimbursed may not exceed $30 per day, and the rental 
period for which reimbursement may be provided expires after 
7 days or on the date on which the delayed vehicle arrives at 
the authorized destination (whichever occurs first).". 
112 STAT. 2052 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 2634 
note. 
Reports. 
(c) TRANSPORTATION IN CONNECTION WITH DEPARTURE ALLOW-
ANCES FOR DEPENDENTS.—Section 405a(b) of title 37, United States 
Code, is amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding at the end the following new paragraph: 
"(2) If a motor vehicle of a member (or a dependent of the 
member) that is transported at the expense of the United States 
under paragraph (1) does not arrive at the authorized destination 
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the member for expenses incurred after 
that date to rent a motor vehicle for the dependent's use. The 
amount reimbursed may not exceed $30 per day, and the rental 
period for which reimbursement may be provided expires after 
7 days or on the date on which the delayed vehicle arrives at 
the authorized destination (whichever occurs first).". 
(d) TRANSPORTATION IN CONNECTION WITH EFFECTS OF MISSING 
PERSONS.—Section 554 of title 37, United States Code, is amended— 
(1) by redesignating subsection (i) as subsection (j); and 
(2) by inserting after subsection (h) the following new sub-
section: 
"(i) If a motor vehicle of a member (or a dependent of the 
member) that is transported at the expense of the United States 
under this section does not arrive at the authorized destination 
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the dependent for expenses incurred after 
that date to rent a motor vehicle for the dependent's use. The 
amount reimbursed may not exceed $30 per day, and the rental 
period for which reimbursement may be provided expires after 
7 days or on the date on which the delayed vehicle arrives at 
the authorized destination (whichever occurs first).". 
(e) APPLICATION OF AMENDMENTS.—(1) Reimbursement for 
motor vehicle rental expenses may not be provided under the 
amendments made by this section until after the date on which 
the Secretary of Defense submits to Congress a report containing 
a certification that the Department of Defense has in place and 
operational a system to recover the cost of providing such reimburse-
ment from commercial carriers that are responsible for the delay 
in the delivery of the motor vehicles of members of the Armed 
Forces and their dependents. The Secretary of Defense shall prepare 
the report in consultation with the Secretary of Transportation, 
with respect to the Coast Guard. 
(2) The amendments shall apply with respect to rental expenses 
described in such amendments that are incurred on or after the 
date of the submission of the report. The report shall be submitted 
not later than six months after the date of the enactment of this 
Act and shall include, in addition to the certification, a description 
of the system to be used to recover from commercial carriers the 
costs incurred under such amendments. 
SEC. 654. EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH 
PROFESSIONS 
OFFICERS 
SERVING 
IN 
SELECTED 
RESERVE. 
(a) ELIGIBLE PERSONS.—Subsection (b)(2) of section 16302 of 
title 10, United States Code, is amended by inserting ", or is 
enrolled in a program of education leading te professional qualifica-
tions," after "possesses professional qualifications". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2053 
(b) INCREASED BENEFITS.—Subsection (c) of such section is 
amended— 
(1) in paragraph (2), by striking out "$3,000" and inserting 
in lieu thereof "$20,000"; and 
(2) in paragraph (3), by striking out "$20,000" and inserting 
in lieu thereof "$50,000". 
SEC. 655. FEDERAL EMPLOYEES' COMPENSATION COVERAGE FOR 
STUDENTS PARTICIPATING IN CERTAIN OFFICER CAN-
DIDATE PROGRAMS. 
(a) PERIODS OF COVERAGE.—Subsection (a)(2) of section 8140 
of title 5, United States Code, is amended to read as follows: 
"(2) during the period of the member's attendance at train-
ing or a practice cruise under chapter 103 of title 10, United 
States Code, beginning when the authorized travel to the train-
ing or practice cruise begins and ending when authorized travel 
from the training or practice cruise ends.". 
(b) LINE OF DUTY.—Subsection (b) of such section is amended 
to read as follows: 
"(b) For the purpose of this section, an injury, disability, death, 
or illness of a member referred to in subsection (a) may be consid-
ered as incurred or contracted in line of duty only if the injury, 
disability, or death is incurred, or the illness is contracted, by 
the member during a period described in that subsection. Subject 
to review by the Secretary of Labor, the Secretary of the military 
department concerned (under regulations prescribed by that Sec-
retary), shall determine whether an injury, disability, or death 
was incurred, or an illness was contracted, by a member in line 
of duty.". 
(c) CLARIFICATION OF CASUALTIES COVERED.—Subsection (a) of 
such section, as amended by subsection (a) of this section, is further 
amended by inserting ", or an illness contracted," after "death 
incurred" in the matter preceding paragraph (1). 
(d) EFFECTIVE DATE AND APPLICABILITY.—The amendments 
5 use 8i40 note. 
made by subsections (a) and (b) shall take effect on the date of 
the enactment of this Act and apply with respect to injuries, ill-
nesses, disabilities, and deaths incurred or contracted on or after 
that date. 
SEC. 656. RELATIONSHIP OF ENUSTMENT BONUSES TO EUGIBILITY 
TO RECEIVE ARMY COLLEGE FUND SUPPLEMENT UNDER 
MONTGOMERY GI BILL EDUCATIONAL ASSISTANCE PRO-
GRAM. 
(a) 
ENLISTEMENT BONUSES AND GI 
BILL SUPPLEMENT NOT 
EXCLUSIVE.—Section 3015(d) of title 38, United States Code, is 
amended— 
(1) by inserting "(1)" after "(d)"; and 
(2) by adding at the end the following: 
"(2) In the case of an individual who after October 7, 1997, 
receives an enlistment bonus under section 308a or 308f of title 
37, receipt of that bonus does not affect the eligibility of that 
individual for an increase under paragraph (1) in the rate of the 
basic educational assistance allowance applicable to that individual, 
and the Secretary concerned may provide such an increase for 
that individual (and enter into an agreement with that individual 
that the United States agrees to make payments pursuant to such 
an increase) without regard to any provision of law (enacted before, 
112 STAT. 2054 
PUBLIC LAW 105-261—OCT. 17, 1998 
Regulations. 
on, or after the date of the enactment of this paragraph) that 
Umits the authority to make such payments.". 
(b) REPEAL OF RELATED LIMITATIONS.—(1) Section 8013(a) of 
the Department of Defense Appropriations Act, 1998 (111 Stat. 
1222), is amended— 
(A) by striking out "on or after the date of enactment 
of this Act—" and all that follows through "nor shall any 
amounts" and inserting in lieu thereof "after October 7, 1997, 
enlists in the armed services for a period of active duty of 
less than three years, nor shall any amounts"; and 
(B) in the first proviso, by striking out "in the case of 
a member covered by clause (1), . 
(2) Section 8013(a) of the Department of Defense Appropriations 
Act, 1999, is amended— 
(A) by striking out "of this Act—" and all that follows 
through "nor shall any amounts" and inserting in lieu thereof 
"of this Act, enlists in the armed services for a period of active 
duty of less than 3 years, nor shall any amounts"; and 
(B) in the first proviso, by striking out "in the case of 
a member covered by clause (1), . 
(3) The amendments made by paragraph (2) shall take effect 
on the later of the following: 
(A) The date of the enactment of this Act. 
(B) The date of the enactment of the Department of Defense 
Appropriations Act, 1999. 
SEC. 657. AUTHORITY TO PROVTOE FINANCIAL ASSISTANCE FOR EDU-
CATION OF CERTAIN DEFENSE DEPENDENTS OVERSEAS. 
Section 1407(b) of the Defense Dependents' Education Act of 
1978 (20 U.S.C. 926(b)) is amended— 
(1) by striking out "(b) Under such circumstances as he 
may by regulation prescribe, the Secretary of Defense" and 
inserting in lieu thereof "(b) TUITION AND ASSISTANCE WHEN 
SCHOOLS UNAVAILABLE.—(1) Under such circumstances as the 
Secretary of Defense may prescribe in regulations, the Sec-
retary"; and 
(2) by adding at the end the following new paragraph: 
"(2)(A) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating 
as a service of the Navy, may provide financial assistance to spon-
sors of dependents in overseas areas where schools operated by 
the Secretary of Defense under subsection (a) are not reasonably 
available in order to assist the sponsors to defray the costs incurred 
by the sponsors for the attendance of the dependents at schools 
in such areas other than schools ojjerated by the Secretary of 
Defense. 
"(3) The Secretary of Defense and the Secretary of Transpor-
tation shall each prescribe regulations relating to the availability 
of financial assistance under subparagraph (A). Such regulations 
shall, to the maximum extent practicable, be consistent with Depart-
ment of State regulations relating to the availability of financial 
assistance for the education of dependents of Department of State 
personnel overseas.". 
SEC. 658. CLARIFICATIONS CONCERNING PAYMENTS TO CERTAIN PER-
SONS CAPTURED OR INTERNED BY NORTH VIETNAM. 
(a) ELIGIBILE SURVIVORS.—Subsection (b) of section 657 of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2055 
Law 104-201; 110 Stat. 2585) is amended by adding at the end 
the following new paragraphs: 
"(3) If there is no surviving spouse or surviving child, 
to the parents of the decedent, in equal shares, or, if one 
parent of the decedent has died, to the surviving parent. 
"(4) If there is no surviving spouse, surviving child, or 
surviving parent, to the surviving siblings by blood of the 
decedent, in equal shares.". 
(b) 
PERMITTED 
RECIPIENTS 
OF PAYMENT 
DISBURSEMENT.— 
Subsection (f)(1) of such section is amended by striking out "The 
actual disbursement" and inserting in lieu thereof "Notwithstanding 
any agreement (including a power of attorney) to the contrary, 
the actual disbursement". 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Services 
Sec. 701. Dependents' dental program. 
Sec. 702. Expansion of dependent eligibility under retiree dental program. 
Sec. 703. Plan for redesign of military pharmacy system. 
Sec. 704. Transitional authority to provide continued health care coverage for 
certain persons unaware of loss of CHAMPUS eligibility. 
Subtitle B—TRICARE Program 
Sec. 711. Payment of claims for provision of health care under the TRICARE 
program for which a third party may be liable. 
Sec. 712. TRICARE Prime automatic enrollments and retiree payment options. 
Sec. 713. System for tracking data and measuring performance in meeting 
TRICARE access standards. 
Sec. 714. Establishment of appeals process for claimcheck denials. 
Sec. 715. Reviews relating to accessibility of health care under TRICARE. 
Subtitle C—Health Care Services for Medicare>Eligible Department of 
Defense Beneficiaries 
Sec. 721. Demonstration project to include certain covered beneficiaries within 
Federal Employees Health Benefits Program. 
Sec. 722. TRICARE as Supplement to Medicare demonstration. 
Sec. 723. Implementation of redesign of pharmacy system. 
Sec. 724. Comprehensive evaluation of implementation of demonstration projects 
and TRICARE pharmacy redesign. 
Subtitle D—Other Changes to Existing Laws Regarding Health Care 
Management 
Sec. 731. Process for waiving informed consent requirement for administration of 
certain drugs to members of Armed Forces for purposes of a particular 
military operation. 
Sec. 732. Health benefits for abused dependents of members of the Airaed Forces. 
Sec. 733. Provision of health care at military entrance processing stations and else-
where outside medical treatment facilities. 
Sec. 734. Professional qualifications of physicians providing military health care. 
Subtitle E—Other Matters 
Sec. 741. Enhanced Department of Defense Organ and Tissue Donor program. 
Sec. 742. Authorization to establish a Level 1 Trauma Training Center. 
Sec. 743. Authority to establish center for study of post-deployment health concerns 
of members of the Armed Forces. 
Sec. 744. Report on implementation of enrollment-based capitation for fiinding for 
military medical treatment facilities. 
Sec. 745. Joint Department of Defense and Department of Veterans Affairs reports 
relating to interdepartmental cooperation in the delivery of medical 
care. 
Sec. 746. Report on research and surveillance activities regarding lyme disease and 
other tick-borne diseases. 
5e-1940-d8-8: QL3 Pans 
112 STAT. 2056 
PUBLIC LAW 105-261—OCT. 17, 1998 
Subtitle A—^Health Care Services 
10 use 1076a 
note. 
Notice. 
SEC. 701. DEPENDENTS' DENTAL PROGRAM. 
(a) PREMIUM INCREASE.—Section 1076a(b)(2) of title 10, United 
States Code, is amended— 
(A) by inserting "(A)" after "(2)"; and 
(B) by adding at the end the following: 
"(B) Effective as of January 1 of each year, the amount of 
the premium required under subparagraph (A) shall be increased 
by the percent equal to the lesser of— 
"(i) the percent by which the rates of basic pay of members 
of the uniformed services are increased on such date; or 
"(ii) the sum of one-half percent and the percent computed 
under section 5303(a) of title 5 for the increase in rates of 
basic pay for statutory pay systems for pay periods beginning 
on or after such date.". 
(2) The amendment made by subparagraph (B) of paragraph 
(1) shall take effect on January 1, 1999, and shall apply to months 
after 1998 as if such subparagraph had been in effect since Decem-
ber 31, 1993. 
(b) LIMITATION ON REDUCTION OF BENEFITS.—Section 1076a 
is further amended by adding at the end the following new sub-
section: 
"(j) LIMITATION ON REDUCTION OF BENEFITS.—The Secretary 
of Defense may not reduce benefits provided under this section 
until— 
"(1) the Secretary provides notice of the Secretary's intent 
to reduce such benefits to the Committee on National Security 
of the House of Representatives and the Committee on Armed 
Services of the Senate; and 
"(2) 1 year has elapsed following the date of such notice.". 
SEC. 702. EXPANSION OF DEPENDENT ELIGIBILITY UNDER RETIREE 
DENTAL PROGRAM. 
(a) IN GENERAL.—Subsection (b) of section 1076c of title 10, 
United States Code, is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph: 
"(4) Eligible dependents of a member described in para-
graph (1) or (2) who is not enrolled in the plan and who— 
"(A) is enrolled under section 1705 of title 38 to receive 
dental care from the Secretary of Veterans Affairs; 
"(B) is enrolled in a dental plan that— 
"(i) is available to the member as a result of 
emplojmnent by the member that is separate from the 
military service of the member; and 
"(ii) is not available to dependents of the member 
as a result of such separate emplo3niient by the mem-
ber; or 
"(C) is prevented by a medical or dental condition 
from being able to obtain benefits under the plan.". 
(b) CONFORMING AMENDMENT.—Subsection (f)(3) of such section 
is amended by striking out "(b)(4)" and inserting in lieu thereof 
"(b)(5)". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2057 
SEC. 703. PLAN FOR REDESIGN OF MILITARY PHARMACY SYSTEM. 
10 USC 1073 
(a) PLAN REQUIRED.—^The Secretary of Defense shall submit 
to Congress a plan that would provide for a system-wide redesign 
of the military and contractor retail and mail-order pharmacy sys-
tem of the Department of Defense by incorporating '^best business 
practices" of the private sector. The Secretary shall work with 
contractors of TRICARE retail pharmacy and national mail-order 
pharmacy programs to develop a plan for the redesign of the phar-
macy system that— 
(1) may include a plan for an incentive-based formulary 
for military medical treatment facilities and contractors of 
TRICARE retail pharmacies and the national mail-order phar-
macy; and 
(2) shall include a plan for each of the following: 
(A) A uniform formulary for such facilities and contrac-
tors. 
(B) A centralized database that integrates the patient 
databases of pharmacies of military medical treatment 
facilities and contractor retail and mail-order programs 
to implement automated prospective drug utilization review 
systems. 
(C) A system-wide drug benefit for covered beneficiaries 
under chapter 55 of title 10, United States Code, who 
are entitled to hospital insurance benefits under part A 
of title XVIII of the Social Security Act (42 U.S.C. 1395c 
et seq.). 
(b) SUBMISSION OF PLAN.—^The Secretary shall submit the plan 
required under subsection (a) not later than March 1, 1999. 
(c) 
SUSPENSION 
OF 
IMPLEMENTATION 
OF PROGRAM.—^The 
Secretary shall suspend any plan to establish a national retail 
pharmacy program for the Department of Defense until— 
(1) the plan required under subsection (a) is submitted; 
and 
(2) the Secretary implements cost-saving reforms with 
respect to the military and contractor retail and mail order 
pharmacy system. 
SEC. 
704. TRANSITIONAL AUTHORITY TO PROVIDE CONTINUED 
10 USC 1086 
HEALTH CARE COVERAGE FOR CERTAIN PERSONS note. 
UNAWARE OF LOSS OF CHAMPUS ELIGIBIUTY. 
(a) TRANSITIONAL COVERAGE.—^The administering Secretaries 
may continue eligibility of a person described in subsection (b) 
for health care coverage under the Civilian Health and Medical 
Program of the Uniformed Services based on a determination that 
such continuation is appropriate to assure health care coverage 
for any such person who may have been unaware of the loss 
of eligibility to receive health benefits under that program. 
(b) PERSONS ELIGIBLE.—^A person shall be eligible for transi-
tional health care coverage under subsection (a) if the person— 
(1) is a person described in paragraph (1) of subsection 
(d) of section 1086 of title 10, United States Code; 
(2) in the absence of such paragraph, would be eligible 
for health benefits under such section; and 
(3) satisfies the criteria specified in subparagraphs (A) 
and (B) of paragraph (2) of such subsection. 
(c) EXTENT OF TRANSITIONAL AUTHORITY.—^The authority to 
continue eligibility under this section shall apply with respect to 
112 STAT. 2058 
PUBLIC LAW 105-261—OCT. 17, 1998 
health care services provided between October 1, 1998, and July 
1, 1999. 
(d) DEFINITION.—In this section, the term "administering Sec-
retaries" has the meaning given that term in section 1072(3) of 
title 10, United States Code. 
Subtitle B—TRICARE Program 
SEC. 711. PAYMENT OF CLAIMS FOR PROVISION OF HEALTH CARE 
UNDER THE TRICARE PROGRAM FOR WHICH A THIRD 
PARTY MAY BE LIABLE. 
(a) IN GENERAL.—(1) Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1095a the following 
new section: 
*
*
§ 1095b. TRICARE program: contraetor payment of certain 
claims 
"(a) PAYMENT OF CLAIMS.—(1) The Secretary of Defense may 
authorize a contractor under the TRICARE program to pay a claim 
described in paragraph (2) before seeking to recover from a third-
party payer the costs incurred by the contractor to provide health 
care services that are the basis of the claim to a beneficiary under 
such program. 
"(2) A claim under this paragraph is a claim— 
"(A) that is submitted to the contractor by a provider under 
the TRICARE program for pa3nnent for services for health 
care provided to a covered beneficiary; and 
"(B) that is identified by the contractor as a claim for 
which a third-party payer may be liable. 
"(b) RECOVERY FROM THIRD-PARTY PAYERS.^A contractor for 
the provision of health care services under the TRICARE program 
that pays a claim described in subsection (a)(2) shall have the 
right to collect from the third-party payer the costs incurred by 
such contractor on behalf of the covered beneficiary. The contractor 
shall have the same right to collect such costs under this subsection 
as the right of the United States to collect costs under section 
1095 of this title. 
"(c) DEFINITION OF THIRD-PARTY PAYER.—In this section, the 
term 'third-party payer' has the meaning given that term in section 
1095(h) of this title, except that such term excludes primary medical 
insurers.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1095a the following new item: 
"1095b. TRICARE program: contractor payment of certain claims.". 
SEC. 712. TRICARE PRIME AUTOMATIC ENROLLMENTS AND RETIREE 
PAYMENT OPTIONS. 
(a) PROCEDURES.—(1) Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1097 the following 
new section: 
*
*
§ 1097a. TRICARE Prime: automatic enrollments; payment 
options 
"(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPENDENTS.—^Each 
dependent of a member of the uniformed services in grade E4 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT, 2059 
\ 
or below who is entitled to medical and dental care under section 
1076(a)(2)(A) of this title and resides in the catchment area of 
a facility of a uniformed service offering TRICARE Prime shall 
be automatically enrolled in TRICARE Prime at the facility. The 
Secretary concerned shall provide written notice of the enrollment 
to the member. The enrollment of a dependent of the member 
may be terminated by the member or the dependent at any time. 
"(b) AUTOMATIC RENEWAL OF ENROLLMENTS OF COVERED BENE-
FICIARIES.—(1) An enrollment of a covered beneficiary in TRICARE 
Prime shall be automatically renewed upon the expiration of the 
enrollment unless the renewal is declined. 
"(2) Not later than 15 days before the expiration date for 
an enrollment of a covered beneficiary in TRICARE Prime, the 
Secretary concerned shall— 
"(A) transmit a written notification of the pending expira-
tion and renewal of enrollment to the covered beneficiary or, 
in the case of a dependent of a member of the uniformed 
services, to the member; and 
"(B) afford the beneficiary or member, as the case may 
be, an opportunity to decline the renewal of enrollment. 
"(c) PAYMENT OPTIONS FOR RETIREES.—^A member or former 
member of the uniformed services eligible for medical care and 
dental care under section 1074(b) of this title may elect to have 
any fee payable by the member or former member for an enrollment 
in TRICARE Prime withheld from the member's retired pay, 
retainer pay, or equivalent pay, as the case may be, or to be 
paid from a financial institution through electronic transfers of 
funds. The fee shall be paid in accordance with the election. A 
member may elect under this section to pay the fee in full at 
the beginning of the enrollment period or to make payments on 
a monthly or quarterly basis. 
"(d) REGULATIONS AND EXCEPTIONS.—The Secretary of Defense 
shall prescribe regulations, including procedures, to carry out this 
section. Regulations prescribed to carry out the automatic enroll-
ment requirements under this section may include such exceptions 
to the automatic enrollment procedures as the Secretary determines 
appropriate for the effective operation of TRICARE Prime. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'TRICARE Prime' means the managed care 
option of the TRICARE program. 
"(2) The term 'catchment area', with respect to a facility 
of a uniformed service, means the service area of the facility, 
as designated under regulations prescribed by the administer-
ing Secretaries.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1097 
the following new item: 
"1097a. TRICARE Prime: automatic enrollments; payment options.". 
(b) DEADLINE FOR IMPLEMENTATION.—The regulations required 
lo use I097a 
under subsection (d) of section 1097a of title 10, United States note. 
Code (as added by subsection (a)), shall be prescribed to take 
effect not later than September 30, 1999. The section shall be 
applied under TRICARE Prime on and after the date on which 
the regulations take effect. 
112 STAT. 2060 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 1073 
SEC. 713. SYSTEM FOR TRACKING DATA AND MEASURING PERFORM-
note. 
ANCE IN MEETING TRICARE ACCESS STANDARDS. 
(a) REQUIREMENT TO ESTABLISH SYSTEM.—(1) The Secretary 
of Defense shall establish a system— 
(A) to track data regarding access of covered beneficiaries 
under chapter 55 of title 10, United States Code, to primary 
health care under the TRICARE program; and 
(B) to measure performance in increasing such access 
against the primary care access standards established by the 
Secretary under the TRICARE program. 
(2) In implementing the system described in paragraph (1), 
the Secretary shall collect data on the timeliness of appointments 
and precise waiting times for appointments in order to measure 
performance in meeting the primary care access standards estab-
lished under the TRICARE program. 
(b) DEADLINE FOR ESTABLISHMENTT.—The Secretary shall estab-
lish the system described in subsection (a) not later than April 
1,1999. 
SEC. 714. ESTABLISHMENT OF APPEALS PROCESS FOR CLAIMCHECK 
DENIALS. 
(a) ESTABLISHMENT OF APPEALS PROCESS.—Not later than Janu-
ary 1, 1999, the Secretary of Defense shall establish an appeals 
process in cases of denials through the ClaimCheck computer soft-
ware system (or giny other claims processing system that may 
be used by the Secretary) of claims by civilian providers for pa3anent 
for health care services provided under the TRICARE program. 
(b) REPORT.—^Not later than March 1, 1999, the Secretary shall 
submit to Congress a report on the implementation of this section. 
10 use 1106 
SEC. 715. REVIEWS RELATING TO ACCESSIBILITY OF HEALTH CARE 
note. 
UNDER TRICARE. 
(a) REVIEW OF REHABILITATIVE SERVICES FOR HEAD INJURIES.— 
The Secretary of Defense shall review policies under the TRICARE 
program (including a review of the TRICARE policy manual) to 
determine if policies addressing the availability of rehabilitative 
services for TRICARE patients suffering from head injuries are 
adequate and appropriately address consideration of certification 
by an attending physician that such services would be beneficial 
for such a patient. 
(b) REVIEW OF ADEQUACY OF PROVIDER NETWORK.—The Sec-
retary of Defense shall review the administration of the TRICARE 
Prime health plans to determine whether, for each region covered 
by such a plan, there is a sufficient number, distribution, and 
variety of qualified participating health care providers to ensure 
that covered health care services, including specialty services and 
rehabilitative services, are accessible in the vicinity of the residence 
of the enroUees and available in a timely manner to such enroUees, 
regardless of where such enroUees are located within the TRICARE 
region. 
(c) REPORT.—^Not later than April 1, 1999, the Secretary of 
Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives a report on the results of the reviews required 
by subsections (a) and (b), together with a description of any actions 
taken or directed as a result of those reviews. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT 2061 
Subtitle C—Health Care Services for Medi-
care-Eligible 
Department 
of 
Defense 
Beneficiaries 
SEC. 721. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED 
BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH 
BENEFITS PROGRAM. 
(a) FEHBP DEMONSTRATION PROJECT.—(1) Chapter 55 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
**§1108. Health care coverage through Federal Employees 
Health BeneHts program: demonstration project 
"(a) FEHBP 
OPTION 
DEMONSTRATION.—The Secretary of 
Defense, after consulting with the other administering Secretaries, 
shall enter into an agreement with the Office of Personnel Manage-
ment to conduct a demonstration project (in this section referred 
to as the 'demonstration project*) under which eligible beneficiaries 
described in subsection (b) and residing within one of the areas 
covered by the demonstration project may enroll in health benefits 
plans offered through the Federal Employees Health Benefits pro-
gram under chapter 89 of title 5. The number of eligible bene-
ficiaries and family members of such beneficiaries under subsection 
(b)(2) who may be enrolled in health benefits plans during the 
enrollment period under subsection (d)(2) may not exceed 66,000. 
"(b) ELIGIBLE BENEFICIARIES; COVERAGE.--(1) An eligible bene-
ficiary under this subsection is— 
"(A) a member or former member of the uniformed services 
described in section 1074(b) of this title who is entitled to 
hospital insurance benefits under part A of title XVIH of the 
Social Security Act (42 U.S.C. 1395c et seq.); 
"(B) an individual who is an unremarried former spouse 
of a member or former member described in section I072(2)(F) 
or 1072(2)(G)); 
"(C) an individual who is— 
"(i) a dependent of a deceased member or former mem-
ber described in section 1076(b) or 1076(a)(2)(B) of this 
title or of a member who died while on active duty for 
a period of more than 30 days; and 
"(ii) a member of family as defined in section 8901(5) 
of title 5; or 
"(D) an individual who is— 
"(i) a dependent of a living member or former member 
described in section 1076(b)( 1) of this title who is entitled 
to hospital insurance benefits under part A of title XVIH 
of the Social Security Act, regardless of the member's or 
former member's eligibility for such hospital insurance 
benefits; and 
"(ii) a member of family as defined in section 8901(5) 
of title 5. 
"(2) Eligible beneficiaries may enroll in a Federal Employees 
Health Benefit plan under chapter 89 of title 5 under this section 
for self-only coverage or for self and family coverage which includes 
any dependent of the member or former member who is a family 
member for purposes of such chapter. 
112 STAT. 2062 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(3) A person eligible for coverage under this subsection shall 
not be required to satisfy any eligibility criteria specified in chapter 
89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) 
as a condition for enrollment in health benefits plans offered 
through thei Federal Employees Health Benefits program under 
the demonstration project. 
"(4) For 
\ purposes of determining whether an individual is a 
member of family under paragraph (5) of section 8901 of title 
5 for purposes of paragraph (1)(C) or (IXD), a member or former 
member described in section 1076(b) or 1076(a)(2)(B) of this title 
shall be deemed to be an employee under such section. 
"(5) An eligible beneficiary who is eligible to enroll in the 
Federal Employees Health Benefits program as an employee under 
chapter 89 of title 5 is not eligible to enroll in a Federal Employees 
Health Benefits plan under this section. 
"(c) AREA OF DEMONSTRATION PROJECT.—The Secretary of 
Defense and the Director of the Office of Personnel Management 
shall jointly identify and select the geographic areas in which 
the demonstration project will be conducted. The Secretary and 
the Director shall establish at least six, but not more than ten, 
such demonstration areas. In establishing the areas, the Secretary 
and Director shall include— 
"(1) an area that includes the catchment area of one or 
more military medical treatment facilities; 
"(2) an area that is not located in the catchment area 
of a military medical treatment facility; 
"(3) an area in which there is a Medicare Subvention Dem-
onstration project area under section 1896 of title XVIII of 
the Social Security Act (42 U.S.C. 1395ggg); and 
"(4) not more than one area for each TRICARE region. 
**(d) DURATION OF DEMONSTRATION PROJECT.—(1) The Secretary 
of Defense shall conduct the demonstration project during three 
contract years imder the Federal Employees Health Benefits pro-
gram. 
"(2) Eligible beneficiaries shall, as provided under the agree-
ment pursuant to subsection (a), be permitted to enroll in the 
demonstration project during an open enrollment period for the 
year 2000 (conducted in the fall of 1999). The demonstration project 
shall terminate on December 31, 2002. 
"(e) PROHIBITION AGAINST USE OF MTFS AND ENROLLMENT 
UNDER TRICARE.—Covered beneficiaries under this chapter who 
are provided coverage under the demonstration project shall not 
be eligible to receive care at a military medical treatment facility 
or to enroll in a heath care plan under the TRICARE program. 
"(f) TERM OF ENROLLMENT IN PROJECT.—(1) Subject to para-
graphs (2) and (3), the period of enrollment of an eligible beneficiary 
who enrolls in the demonstration project during the open enrollment 
period for the year 2000 shall be three years unless the beneficiary 
disenrolls before the termination of the project. 
"(2) A beneficiary who elects to enroll in the project, and who 
subsequently discontinues enrollment in the project before the end 
of the period described in paragraph (1), shall not be eligible to 
reenroU in the project. 
"(3) An eligible beneficiary enrolled in a Federal Employees 
Health Benefits plan under this section may change health benefits 
plans and coverage in the same manner as any other Federal 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2063 
Employees Health Benefits program beneficiary may change such 
plans. 
"(g) EFFECT OF CANCELLATION.—^The cancellation by an eligible 
beneficiary of coverage under the Federal Employee Health Benefits 
program shall be irrevocable during the term of the demonstration 
project. 
"(h) SEPARATE RISK POOLS; CHARGES.—(1) The Director of the 
Office of Personnel Management shall require health benefits plans 
under chapter 89 of title 5 that participate in the demonstration 
project to maintain a separate risk pool for purposes of establishing 
premium rates for eligible beneficiaries who enroll in such a plan 
in accordance with this section. 
"(2) The Director shall determine total subscription charges 
for self only or for family coverage for eligible beneficiaries who 
enroll in a health benefits plan under chapter 89 of title 5 in 
accordance with this section. The subscription charges shall include 
premium charges paid to the plan and amounts described in section 
8906(c) of title 5 for administrative expenses and contingency 
reserves. 
"(i) GOVERNMENT CONTRIBUTIONS.—^The Secretary of Defense 
shall be responsible for the Government contribution for an eligible 
beneficiary who enrolls in a health benefits plan under chapter 
89 of title 5 in accordance with this section, except that the amount 
of the contribution may not exceed the amount of the Government 
contribution which would be payable if the electing beneficiary 
were an employee (as defined for purposes of such chapter) enrolled 
in the same health benefits plan and level of benefits. 
"(j) REPORT REQUIREMENTS.—(1) The Secretary of Defense and 
the Director of the Office of Personnel Management shall jointly 
submit to Congress two reports containing the information described 
in paragraph (2). The first report shall be submitted not later 
than the date that is 15 months after the date that the Secretary 
begins to implement the demonstration project. The second report 
shall be submitted not later than December 31, 2002. 
"(2) The reports required by paragraph (1) shall include the 
following: 
"(A) Information on the number of eligible beneficiaries 
who elect to participate in the demonstration project. 
"(B) An analysis of the percentage of eligible beneficiaries 
who participate in the demonstration project as compared to 
the percentage of covered beneficiaries under this chapter who 
elect to enroll in a health care plan under such chapter. 
"(C) Information on eligible beneficiaries who elect to 
participate in the demonstration project and did not have Medi-
care Part B coverage before electing to participate in the project. 
"(D) An analysis of the enrollment rates and cost of health 
services provided to eligible beneficiaries who elect to partici-
pate in the demonstration project as compared with similarly 
situated enroUees in the Federal Employees Health Benefits 
program under chapter 89 of title 5. 
"(E) An analysis of how the demonstration project affects 
the accessibility of health care in military medical treatment 
facilities, and a description of any unintended effects on the 
treatment priorities in those facilities in the demonstration 
area. 
"(F) An analysis of any problems experienced by the Depart-
ment of Defense in managing the demonstration project. 
112 STAT. 2064 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(G) A description of the effects of the demonstration project 
on medical readiness and training of the Armed Forces at 
miUtary medical treatment facilities located in the demonstra-
tion area, and a description of the probable effects that making 
the project permanent would have on the medical readiness 
and training. 
"(H) An examination of the effects that the demonstration 
project, if made permanent, would be expected to have on 
the overall budget of the Department of Defense, the budget 
of the Office of Personnel Management, and the budgets of 
individual military medical treatment facilities. 
"(I) An analysis of whether the demonstration project 
affects the cost to the Department of Defense of prescription 
drugs or the accessibility, availability, and cost of such drugs 
to eligible beneficiaries. 
"(J) Any additional information that the Secretary of 
Defense or the Director of the Office of Personnel Management 
considers appropriate to assist Congress in determining the 
viability of expanding the project to all Medicare-eligible mem-
bers of the uniformed services and their dependents. 
"(K) Recommendations on whether eligible beneficiaries— 
"(i) should be given more than one chance to enroll 
in the demonstration project under this section; 
"(ii) should be eligible to enroll in the project only 
during the first year following the date that the eligible 
beneficiary becomes eligible to receive hospital insurance 
benefits under part A of title XVIII of the Social Security 
Act; or 
"(iii) should be eligible to enroll in the project only 
during the 2-year period following the date on which the 
beneficiary first becomes eligible to enroll in the project. 
"(k) COMPTROLLER GENERAL REPORT.—Not later than December 
31, 2002, the Comptroller General shall submit to Congress a report 
addressing the same matters required to be addressed under sub-
section (j)(2). The report shall describe any limitations with respect 
to the data contained in the report as a result of the size and 
design of the demonstration project. 
"(1) APPLICATION OF MEDIGAP PROTECTIONS TO DEMONSTRATION 
PROJECT ENROLLEES.—(1) Subject to paragraph (2), the provisions 
of section 1882(s)(3) (other than clauses (i) through (iv) of subpara-
graph (B)) and 1882(s)(4) of the Social Security Act shall apply 
to enrollment (and termination of enrollment) in the demonstration 
project under this section, in the same manner as they apply 
to 
enrollment 
(and 
termination 
of 
enrollment) 
with 
a 
Medicare+Choice organization in a Medicare+Choice plan. 
"(2) In applying paragraph (1)— 
"(A) any reference in clause (v) or (vi) of section 
1882(s)(3)(B) of such Act to 12 months is deemed a reference 
to 36 months; and 
"(B) the notification required under section 1882(s)(3)(D) 
of such Act shall be provided in a manner specified by the 
Secretary of Defense in consultation with the Director of the 
Office of Personnel Management.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2065 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1108. Health care coverage through Federal Employees Health Benefits program: 
demonstration project.". 
(b) CONFORMING AMENDMENTS.—Chapter 89 of title 5, United 
States Code, is amended— 
(Din section 8905— 
(A) by redesignating subsections (d) through (f) as 
subsections (e) through (g), respectively; and 
(B) by inserting after subsection (c) the following new 
subsection: 
"(d) An individual whom the Secretary of Defense determines 
is an eligible beneficiary under subsection (b) of section 1108 of 
title 10 may enroll, as part of the demonstration project under 
such section, in a health benefits plan under this chapter in accord-
ance with the agreement under subsection (a) of such section 
between the Secretary and the Office and applicable regulations 
under this chapter."; 
(2) in section 8906(b)— 
(A) in paragraph (1), by striking "paragraphs (2) and 
(3)" and inserting in lieu thereof "paragraphs (2), (3), and 
(4)"; and 
(B) by adding at the end the following new paragraph: 
"(4) In the case of persons who are enrolled in a health benefits 
plan as part of the demonstration project under section 1108 of 
title 10, the Government contribution shall be subject to the limita-
tion set forth in subsection (i) of that section."; 
(3) in section 8906(g)— 
(A) in paragraph (1), by striking "paragraph (2)" and 
inserting in lieu thereof "paragraphs (2) and (3)"; and 
(B) by adding at the end the following new paragraph: 
"(3) The Government contribution for persons enrolled in a 
health benefits plan as part of the demonstration project under 
section 1108 of title 10 shall be paid as provided in subsection 
(i) of that section."; and 
(4) in section 8909, by adding at the end the following 
new subsection: 
"(g) The fund described in subsection (a) is available to pay 
costs that 
the 
Office 
incurs for 
activities associated 
with 
implementation of the demonstration project under section 1108 
of title 10.". 
SEC. 722. TRICARE AS SUPPLEMENT TO MEDICARE DEMONSTRATION. 
10 USC 1073 
(a) IN GENERAL.—(1) The Secretary of Defense shall, after 
^°^' 
consultation with the other administering Secretaries, carry out 
a demonstration project in order to assess the feasibility and advis-
ability of providing medical care coverage under the TRICARE 
program to the individuals described in subsection (c). The dem-
onstration project shall be known as the "TRICARE Senior Supple-
ment". 
(2) The Secretary shall commence the demonstration project 
not later than January 1, 2000, and shall terminate the demonstra-
tion project not later than December 31, 2002. 
(3) Under the demonstration project, the Secretary shall permit 
eligible individuals described in subsection (c) to enroll in the 
TRICARE program. 
112 STAT. 2066 
PUBLIC LAW 105-261—OCT. 17, 1998 
(4) Payment for care and services received by eligible individ-
uals who enroll in the TRICARE program under the demonstration 
project shall be made as follows: 
(A) First, under title XVIII of the Social Security Act, 
but only to the extent that payment for such care and services 
is provided for under that title. 
(B) Second, under the TRICARE program, but only to the 
extent that payment for such care and services is provided 
under that program and is not provided for under subparagraph 
(A). 
(C) Third, by the eligible individual concerned, but only 
to the extent that payment for such care and services is not 
provided for under subparagraph (A) or (B). 
(5)(A) The Secretary shall require each eligible individual who 
enrolls in the TRICARE program under the demonstration project 
to pay an enrollment fee. The Secretary shall provide, to the extent 
feasible, the option of payment of the enrollment fee through elec-
tronic transfers of funds and through withholding of such payment 
from the pay of a member or former member of the Armed Forces, 
and shall provide the option that payment of the enrollment fee 
be made in full at the beginning of the enrollment period or that 
payments be made on a monthly or quarterly basis. 
(B) The amount of the enrollment fee charged an eligible 
individual under subparagraph (A) for self-only or family enrollment 
in any year may not exceed the amount equal to 75 percent of 
the total subscription charges in that year for self-only or family, 
respectively, fee-for-service coverage under the health benefits plan 
under the Federal Employees Health Benefits program under chap-
ter 89 of title 5, United States Code, that is most similar in 
coverage to the TRICARE program. 
(6) A covered beneficiary who enrolls in TRICARE Senior 
Supplement under this subsection shall not be eligible to receive 
health care at a facility of the uniformed services during the period 
such enrollment is in effect. 
(b) EVALUATION; REVIEW.—(1) The Secretary shall provide for 
an evaluation of the demonstration project conducted under this 
subsection by an appropriate person or entity that is independent 
. of the Department of Defense. The evaluation shall include the 
following: 
(A) An analysis of the costs of the demonstration project 
to the United States and to the eligible individuals who partici-
pate in such demonstration project. 
(B) An assessment of the extent to which the demonstration 
project satisfies the requirements of such eligible individuals 
for the health care services available under the demonstration 
project. 
(C) An assessment of the effect, if any, of the demonstration 
project on military medical readiness. 
(D) A description of the rate of the enrollment in the 
demonstration project of the individuals who were eligible to 
enroll in the demonstration project. 
(E) An assessment of whether the demonstration project 
provides the most suitable model for a program to provide 
adequate health care services to the population of individuals 
consisting of the eligible individuals. 
(F) An evaluation of any other matters that the Secretary 
considers appropriate. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2067 
(2) The Comptroller General shall review the evaluation con-
ducted under paragraph (1). In carrying out the review, the 
Comptroller General shall— 
(A) assess the validity of the processes used in the evalua-
tion; and 
(B) assess the validity of any findings under the evaluation, 
including any limitations with respect to the data contained 
in the evaluation as a result of the size and design of the 
demonstration project. 
(3)(A) The Secretary shall submit a report on the results of 
the evaluation under paragraph (1), together with the evaluation, 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives not later 
than December 31, 2002. 
(B) The Comptroller General shall submit a report on the Reports, 
results of the review under paragraph (2) to the committees referred 
to in subparagraph (A) not later than February 15, 2003. 
(c) ELIGIBLE INDIVIDUALS.—(1) An individual is eligible to 
participate under this section if the individual is a member or 
former member of the uniformed services described in section 
1074(b) of title 10, United States Code, a dependent of the member 
described in section 1076(a)(2)(B) or 1076(b) of that title, or a 
dependent of a member of the uniformed services who died while 
on active duty for a period of more than 30 days, who— 
(A) is 65 years of age or older; 
(B) is entitled to hospital insurance benefits under part 
A of title XVIII of the Social Security Act (42 U.S.C. 1395c 
et seq.); 
(C) is enrolled in the supplemental medical insurance pro-
gram under part B of such title XVIII (42 U.S.C. 1395j et 
seq.); and 
(D) resides in an area selected by the Secretary under 
subsection (c). 
(d) AREAS OF IMPLEMENTATION.—(1) The Secretary shall carry 
out the demonstration project under this section in two separate 
areas selected by the Secretary. 
(2) The areas selected by the Secretary under paragraph (1) 
shall be as follows: 
(A) One area shall be an area outside the catchment area 
of a military medical treatment facility in which— 
(i) no eligible organization has a contract in effect 
under section 1876 of the Social Security Act (42 U.S.C. 
1395mm) and no Medicare+Choice organization has a con-
tract in effect under part C of title XVIII of that Act 
(42 U.S.C. 1395W-21); or 
(ii) the aggregate number of enroUees with an eligible 
organization with a contract in effect under section 1876 
of that Act or with a Medicare+Choice organization with 
a contract in effect under part C of title XVIII of that 
Act is less than 2.5 percent of the total number of individ-
uals in the area who are entitled to hospital insurance 
benefits under part A of title XVIII of that Act. 
(B) The other area shall be an area outside the catchment 
area of a military medical treatment facility in which— 
(i) at least one eligible organization has a contract 
in 
effect 
under 
section 
1876 of that 
Act or 
one 
112 STAT. 2068 
PUBLIC LAW 105-261—OCT. 17, 1998 
Medicare+Choice organization has a contract in effect 
under part C of title XVIII of that Act; and 
(ii) the aggregate number of enrollees with an eligible 
organization with a contract in effect under section 1876 
of that Act or with a Medicare+Choice organization with 
a contract in effect under part C of title XVIII of that 
Act exceeds 10 percent of the total number of individuals 
in the area who are entitled to hospitsd insurance benefits 
under part A of title XVIII of that Act. 
(e) DEFINITIONS.—In this section: 
(1) The term "administering Secretaries" has the meaning 
given that term in section 1072(3) of title 10, United States 
Code. 
(2) The term "TRICARE program" has the meaning given 
that term in section 1072(7) of title 10, United States Code. 
10 use 1073 
SEC. 723. IMPLEMENTATION OF REDESIGN OF PHARMACY SYSTEM. 
"
*
'
*
®
" 
(a) IN GENERAL.—Not later than October 1, 1999, the Secretary 
of Defense shall implement, with respect to eligible individuals 
described in subsection (e) who reside in an area selected under 
subsection (f), the redesign of the pharmacy system under 
TRICARE (including the mail-order and retail pharmacy benefit 
under TRICARE) to incorporate "best business practices" of the 
private sector in providing pharmaceuticals, as developed under 
the plan described in section 703. 
(b) COLLECTION OF PREMIUMS AND OTHER CHARGES.—The Sec-
retary of Defense may collect from eligible individuals described 
in subsection (e) who participate in the redesigned pharmacy system 
any premiums, deductibles, copayments, or other charges that the 
Secretary would otherwise collect from individuals similar to such 
individuals. 
(c) EVALUATION.—^The Secretary shall provide for an evaluation 
of the implementation of the redesign of the pharmacy system 
under TRICARE under this section by an appropriate person or 
entity that is independent of the Department of Defense. The 
evaluation shall include the following: 
(1) An analysis of the costs of the implementation of the 
redesign of the pharmacy system under TRICARE and to the 
eligible individuals who participate in the system. 
(2) An assessment of the extent to which the implementa-
tion of such system satisfies the requirements of the eligible 
individuals for the health care services available under 
TRICARE. 
(3) An assessment of the effect, if any, of the implementa-
tion of the system on military medical readiness. 
(4) A description of the rate of the participation in the 
system of the individuals who were eligible to participate. 
(5) An evaluation of any other matters that the Secretary 
considers appropriate. 
(d) REPORTS.—^The Secretary shall submit two reports on the 
results of the evaluation under subsection (c), together with the 
evaluation, to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representa-
tives. The first report shall be submitted not later than December 
31, 2000, and the second report shall be submitted not later than 
December 31, 2002. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2069 
(e) ELIGIBLE INDIVIDUALS.—(1) An individual is eligible to 
participate under this section if the individual is a member or 
former member of the uniformed services described in section 
1074(b) of title 10, United States Code, a dependent of the member 
described in section 1076(a)(2)(B) or 1076(b) of that title, or a 
dependent of a member of the uniformed services who died while 
on active duty for a period of more than 30 days, who— 
(A) is 65 years of age or older; 
(B) is entitled to hospital insurance benefits under part 
A of title XVIII of the Social Security Act (42 U.S.C. 1395c 
et seq.); 
(C) except as provided in paragraph (2), is enrolled in 
the supplemental medical insurance program under part B 
of such title XVIII (42 U.S.C. 1395j et seq.); and 
(D) resides in an area selected by the Secretary under 
subsection (f). 
(2) Paragraph (1)(C) shall not apply in the case of an individual 
who at the time of attaining the age of 65 lived within 100 miles 
of the catchment area of a military medical treatment facility. 
(f) AREAS OF IMPLEMENTATION.—(1) The Secretary shall carry 
out the implementation of the redesign of the pharmacy system 
under TRICARE in two separate areas selected by the Secretary. 
(2) The areas selected by the Secretary under paragraph (1) 
shall be as follows: 
(A) One area shall be an area outside the catchment area 
of a military medical treatment facility in which— 
(i) no eligible organization has a contract in effect 
under section 1876 of the Social Security Act (42 U.S.C. 
1395mm) and no Medicare+Choice organization has a con-
tract in effect under part C of title XVIII of that Act 
(42U.S.C. 1395w-21);or 
(ii) the aggregate number of enroUees with an eligible 
organization with a contract in effect under section 1876 
of that Act or with a Medicare+Choice organization with 
a contract in effect under part C of title XVIII of that 
Act is less than 2.5 percent of the total number of individ-
uals in the area who are entitled to hospital insurance 
benefits under part A of title XVIII of that Act. 
(B) The other area shall be an area outside the catchment 
area of a military medical treatment facility in which— 
(i) at least one eligible organization has a contract 
in effect 
under 
section 
1876 of that Act or one 
Medicare+Choice organization has a contract in effect 
under part C of title XVIII of that Act; and 
(ii) the aggregate number of enrollees with an eligible 
organization with a contract in effect under section 1876 
of that Act or with a Medicare+Choice organization with 
a contract in effect under part C of title XVIII of that 
Act exceeds 10 percent of the total number of individuals 
in the area who are entitled to hospital insurance benefits 
under part A of title XVIII of that Act. 
SEC. 724. COMPREHENSIVE EVALUATION OF IMPLEMENTATION OF 10USC1108 
DEMONSTRATION PROJECTS AND TRICARE PHARMACY 
note. 
REDESIGN. 
Not later than March 31, 2003, the Comptroller General shall 
submit to the Committee on Armed Services of the Senate and 
112 STAT. 2070 
PUBLIC LAW 105-261—OCT. 17, 1998 
the Committee on National Security of the House of Representatives 
a report containing a comprehensive comparative analysis of the 
FEHBP demonstration project conducted under section 1108 of title 
10, United States Code (as added by section 721), the TRICARE 
Senior Supplement under section 722, and the redesign of the 
TRICARE pharmacy system under section 723. The comprehensive 
analysis shall incorporate the findings of the evaluation submitted 
under section 723(c) and the report submitted under subsection 
(j) of such section 1108. 
Subtitle D—Other Changes to Existing 
Laws Regarding Health Care Management 
President. 
SEC. 731. PROCESS FOR WAIVING INFORMED CONSENT REQUIREMENT 
FOR ADMINISTRATION OF CERTAIN DRUGS TO MEMBERS 
OF ARMED FORCES FOR PURPOSES OF A PARTICULAR 
MILITARY OPERATION. 
(a) LIMITATION AND WAIVER.—(1) Section 1107 of title 10, 
United States Code, is amended— 
(A) by redesignating subsection (f) as subsection (g); and 
(B) by inserting after subsection (e) the following new sub-
section (f): 
"(f) LIMITATION AND WAIVER.—(1) In the case of the administra-
tion of an investigational new drug or a drug unapproved for its 
applied use to a member of the armed forces in connection with 
the member's participation in a particular military operation, the 
requirement that the member provide prior consent to receive the 
drug in accordance with the prior consent requirement imposed 
under section 505(i)(4) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355(i)(4)) may be waived only by the President. 
The President may grant such a waiver only if the President deter-
mines, in writing, that obtaining consent— 
"(A) is not feasible; 
"(B) is contrary to the best interests of the member; or 
"(C) is not in the interests of national security. 
"(2) In making a determination to waive the prior consent 
requirement on a ground described in subparagraph (A) or (B) 
of paragraph (1), the President shall apply tne standards and cri-
teria that are set forth in the relevant FDA regulations for a 
waiver of the prior consent requirement on that ground. 
"(3) The Secretary of Defense may request the President to 
waive the prior consent requirement with respect to the administra-
tion of an investigational new drug or a drug unapproved for its 
applied use to a member of the armed forces in connection with 
the member's participation in a particular military operation. With 
respect to any such administration— 
"(A) the Secretary may not delegate to any other official 
the authority to request the President to waive the prior consent 
requirement for the Department of Defense; and 
Notification. 
"(B) if the President grants the requested waiver, the Sec-
retary shall submit to the chairman and ranking minority 
member of each congressional defense committee a notification 
of the waiver, together with the written determination of the 
F*resident under paragraph (1) and the Secretary's justification 
for the request or requirement imder subsection (a) for the 
member to receive the drug covered by the waiver. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2071 
"(4) In this subsection: 
"(A) The term 'relevant FDA regulations' means the regula-
tions promulgated under section 505(i) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355(i)). 
"(B) The term 'prior consent requirement' means the 
requirement included in the relevant FDA regulations pursuant 
to section 505(i)(4) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355(i)(4)). 
"(C) The term 'congressional defense committee' means 
each of the following: 
"(i) The Committee on Armed Services and the Commit-
tee on Appropriations of the Senate. 
"(ii) The Committee on National Security and the 
Committee on Appropriations of the House of Representa-
tives.". 
(2) Subsection (f) of section 1107 of title 10, United States Applicability. 
Code (as added by paragraph (1)), shall apply to the administration 
10 USC1107 
of an investigational new drug or a drug unapproved for its applied °°**-
use to a member of the Araied Forces in connection with the 
member's participation in a particular military operation on or 
after the date of the enactment of this Act. 
(3) A waiver of the requirement for prior consent imposed 
10 USC 1107 
under the regulations required under paragraph (4) of section 505(i) °ote. 
of the Federal Food, Drug, and Cosmetic Act (or under any ante-
cedent provision of law or regulations) that has been granted under 
that section (or antecedent provision of law or regulations) before 
the date of the enactment of this Act for the administration of 
a drug to a member of the Armed Forces in connection with the 
member's participation in a particular military operation may be 
applied in that case after that date only if— 
(A) the Secretary of Defense personally determines that 
the waiver is justifiable on each ground on which the waiver 
was granted; 
(B) the President concurs in that determination in writing; 
and 
(C) the Secretary submits to the chairman and ranking 
minority member of each congressional committee referred to 
in section 1107(f)(4)(C) of title 10, United States Code (as 
added by paragraph (1))— 
(i) a notification of the waiver; 
(ii) the President's written concurrence; and 
(iii) the Secretary's justification for the request or for 
the requirement under subsection 1107(a) of such title for 
the member to receive the drug covered by the waiver, 
(b) TIME AND FORM OF NOTICE.—(1) Subsection (b) of such 
section is amended by striking out ", if practicable" and all that 
follows through "first administered to the member". 
(2) Subsection (c) of such section is amended by striking out 
"unless the Secretary of Defense determines" and all that follows 
through "alternative method". 
SEC. 732. HEALTH BENEFITS FOR ABUSED DEPENDENTS OF MEMBERS 
OF THE ARMED FORCES. 
Section 1076(e) of title 10, United States Code, is amended— 
(1) by amending paragraph (1) to read as follows: 
"(1) Subject to paragraph (3), the administering Secretary shall 
fiimish an abused dependent of a former member of a uniformed 
112 STAT. 2072 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 1091 
note. 
Deadline. 
Reports. 
service described in paragraph (4), during that period that the 
abused dependent is in receipt of transitional compensation under 
section 1059 of this title, with medical and dental care, including 
mental health services, in facilities of the uniformed services in 
accordance with the same eligibility and benefits as were applicable 
for that abused dependent during the period of active service of 
the former member."; and 
(2) in paragraph (3)— 
(A) by adding "and" at the end of subparagraph (A); 
(B) by striking "; and" at the end of subparagraph 
(B) and inserting a period; and 
(C) by striking subparagraph (C). 
SEC. 733. PROVISION OF HEALTH CARE AT MIUTARY ENTRANCE 
PROCESSING STATIONS AND ELSEWHERE OUTSIDE MEDI-
CAL TREATMENT FACILITIES. 
(a) EXTENSION OF AUTHORIZATION FOR USE OF PERSONAL SERV-
ICES CONTRACTS.—Section 1091(a)(2) of title 10, United States Code, 
is amended in the second sentence by striking out "the end of 
the one-year period beginning on the date of the enactment of 
this paragraph" and inserting in lieu thereof "December 31, 2000". 
(b) TEST OF ALTERNATIVE PROCESS FOR CONDUCTING MEDICAL 
SCREENINGS FOR ENLISTMENT QUALIFICATION.—(1) The Secretary 
of Defense shall conduct a test to— 
(A) determine whether the use of an alternative to the 
system currently used by the Department of Defense of employ-
ing fee-basis physicians for determining the medical qualifica-
tions for enlistment of applicants for military service would 
reduce the number of disqualifying medical conditions that 
are detected during the initial entry training of such applicants; 
(B) determine whether any savings or cost avoidance may 
be achieved through use of an alternative system as a result 
of any increased detection of disqualifying medical conditions 
before entry by applicants into initial entry training; and 
(C) compare the capability of an alternative system to 
meet or exceed the cost, responsiveness, and timeliness stand-
ards of the system currently used by the Department. 
(2) The alternative system described in paragraph (1) may 
include the system used under the TRICARE system, the health-
care system of the Department of Veterans Affairs, or any other 
system, or combination of systems, considered appropriate by the 
Secretary. 
(3) Not later than March 1, 2000, the Secretary shall submit 
to the Committee on National Security of the House of Representa-
tives and the Committee on Armed Services of the Senate a report 
on the results and findings of the test conducted under paragraph 
(1). 
SEC. 734. PROFESSIONAL QUALIFICATIONS OF PHYSICIANS PROVID-
ING MIUTARY HEALTH CARE. 
(a) 
REQUIREMENT 
FOR 
UNRESTRICTED 
LICENSE.—Section 
1094(a)(1) of title 10, United States Code, is amended by adding 
at the end the following: "In the case of a physician, the physician 
may not provide health care as a physician under this chapter 
unless the current license is an unrestricted license that is not 
subject to limitation on the scope of practice ordinarily granted 
to other physicians for a similar specialty by the jurisdiction that 
granted the license.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2073 
(b) 
SATISFACTION 
OF 
CONTINUING 
MEDICAL 
EDUCATION 
REQUIREMENTS.—(1) Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1094 the following new section: 
**§ 1094a. Continuing medical education requirements: system 
for monitoring physician compliance 
"The Secretary of Defense shall establish a mechanism for 
ensuring that each person under the jurisdiction of the Secretary 
of a military department who provides health care under this chap-
ter as a physician satisfies the continuing medical education 
requirements applicable to the physician.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1094 
the following new item: 
"1094a. Continuing medical education requirements: system for monitoring physi-
cian compliance.". 
(c) EFFECTIVE DATES.—(1) The amendment made by subsection 
(a) shall take effect on October 1, 1999. 
(2) The system required by section 1094a of title 10, United 
States Code (as added by subsection (b)), shall take effect on the 
date that is three years after the date of the enactment of this 
Act. 
10 use 1094 
note. 
10 use 1094a 
note. 
Subtitle E—Other Matters 
SEC. 741. ENHANCED DEPARTMENT OF DEFENSE ORGAN AND TISSUE 
10 USC 1109 
DONOR PROGRAM. 
note. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Organ and tissue transplantation is one of the most 
remarkable medical success stories in the history of medicine. 
(2) Each year, the number of people waiting for organ 
or tissue transplantation increases. It is estimated that there 
are approximately 39,000 patients, ranging in age from babies 
to those in retirement, awaiting transplants of kidneys, hearts, 
livers, and other solid organs. 
(3) The Department of Defense has made significant 
progress in increasing the awareness of the importance of organ 
and tissue donations among members of the Armed Forces. 
(4) The inclusion of organ and tissue donor elections in 
the Defense Enrollment Eligibility Reporting System (DEERS) 
central database represents a major step in ensuring that organ 
and tissue donor elections are a matter of record and are 
accessible in a timely manner. 
(b) RESPONSIBILITIES REGARDING ORGAN AND TISSUE DONA-
TION.—(1) Chapter 55 of title 10, United States Code, is amended 
by adding after section 1108, as added by section 721(a)(1), the 
following new section: 
"§ 1109. Organ and tissue donor program 
"(a) RESPONSIBILITIES OF THE SECRETARY OF DEFENSE.—The Records. 
Secretary of Defense shall ensure that the advanced systems devel-
oped for recording armed forces members' personal data and 
information (such as the SMARTCARD, MEDITAG, and Personal 
Information Carrier) include the capability to record organ and 
tissue donation elections. 
112 STAT. 2074 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(b) RESPONSIBILITIES OF THE SECRETARIES OF THE MILITARY 
DEPARTMENTS.—(1) The Secretaries of the mihtary departments 
shall ensure that— 
"(1) appropriate information 
about organ and tissue 
donation is provided— 
"(A) to each officer candidate during initial training; 
and 
"(B) to each recruit— 
"(i) after completion by the recruit of basic training; 
and 
"(ii) before arrival of the recruit at the first duty 
assignment of the recruit; 
"(2) members of the armed forces are given recurring, spe-
cific opportunities to elect to be organ or tissue donors during 
service in the armed forces and upon retirement; and 
"(3) members of the armed forces electing to be organ 
or tissue donors are encouraged to advise their next of kin 
concerning the donation decision and any subsequent change 
of that decision. 
"(c) 
RESPONSIBILITIES OF THE SURGEONS GENERAL OF THE 
MILITARY DEPARTMENTS.—^The Surgeons General of the military 
departments shall ensure that— 
"(1) appropriate training is provided to enlisted and officer 
medical personnel to facilitate the effective operation of organ 
and tissue donation activities under garrison conditions and, 
to the extent possible, under operational conditions; and 
"(2) medical logistical activities can, to the extent possible 
without jeopardizing operational requirements, support an 
effective organ and tissue donation program.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 1108, 
as added by section 721(a)(2), the following new item: 
"1109. Organ and tissue donor program.". 
Deadline. 
(c) REPORT.—^Not later than September 1, 1999, the Secretary 
10 use 1109 
of Defense shall submit to the Committee on Armed Services of 
°°*®- 
the Senate and the Committee on National Security of the House 
of Representatives a report on the implementation of section 1109 
of title 10, United States Code (as added by subsection (b)). 
SEC. 742. AUTHORIZATION TO ESTABUSH A LEVEL 1 TRAUMA TRAIN-
ING CENTER. 
The Secretary of the Army is hereby authorized to establish 
a Level 1 Trauma Training Center (as designated by the American 
College of Surgeons) in order to provide the Army with a trauma 
center capable of training forward surgical teams. 
SEC. 743. AUTHORITY TO ESTABLISH CENTER FOR STUDY OF POST-
DEPLOYMENT HEALTH CONCERNS OF MEMBERS OF THE 
ARMED FORCES. 
The Secretary of Defense is hereby authorized to establish 
a center devoted to a longitudinal study to evaluate data on the 
health conditions of members of the Armed Forces upon their return 
from deployment on military operations for purposes of ensuring 
the rapid identification of any trends in diseases, illnesses, or 
injuries among such members as a result of such operations. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2075 
SEC. 744. REPORT ON IMPLEMENTATION OF ENROLLMENT-BASED 
CAPITATION FOR FUNDING FOR MILITARY MEDICAL 
TREATMENT FACIUTIES. 
(a) REPORT REQUIRED.—^The Secretary of Defense shall submit 
to Congress a report on the potential impact of using an enrollment-
based capitation methodology to allocate funds for military medical 
treatment facilities. The report shall address the following: 
(1) A description of the plans of the Secretary to implement 
an enrollment-based capitation methodology for military medi-
cal treatment facilities and with respect to contracts for the 
delivery of health care under the TRICARE program. 
(2) The justifications for implementing an enrollment-based 
capitation methodology without first conducting a demonstra-
tion project for implementation of such methodology. 
(3) The impact that implementation of an enrollment-based 
capitation methodology would have on the provision of space-
available care at military medical treatment facilities, particu-
larly in the case of care for— 
(A) military retirees who are entitled to hospital insur-
ance benefits under part A of title XVIII of the Social 
Security Act (42 U.S.C. 1395c et seq.); and 
(B) covered beneficiaries under chapter 55 of title 10, 
United States Code, who reside outside the catchment area 
of a military medical treatment facility. 
(4) The impact that implementation of an enrollment-based 
capitation methodology would have with respect to the phar-
macy benefits provided at military medical treatment facilities, 
given that the enrollment-based capitation methodology would 
fund military medical treatment facilities based on the number 
of members at such facilities enrolled in TRICARE Prime, 
but all covered beneficiaries may fill prescriptions at military 
medical treatment facility pharmacies. 
(5) An explanation of how additional funding will be pro-
vided for a military medical treatment facility if an enrollment-
based capitation methodology is implemented to ensure that 
space-available care and pharmacy coverage can be provided 
to covered beneficiaries who are not enrolled at the military 
medical treatment facility, and the amount of funding that 
will be available. 
(6) An explanation of how implementation of an enrollment-
based capitation methodology would impact the provision of 
uniform benefits under TRICARE Prime, and how the Secretary 
would ensure, if such methodology were implemented, that 
the provision of health care under TRICARE Prime would 
not be bifurcated between the provision of such care at military 
medical treatment facilities and the provision of such care 
from civilian providers. 
(b) DEADLINE FOR SUBMISSION.—The Secretary shall submit 
the report required by subsection (a) not later than March 1, 1999. 
SEC. 745. JOINT DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
10 USC 1071 
VETERANS AFFAIRS REPORTS RELATING TO INTER- note. 
DEPARTMENTAL COOPERATION IN THE DELIVERY OF 
MEDICAL CARE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The military health care system of the Department 
of Defense and the Veterans Health Administration of the 
112 STAT. 2076 
PUBLIC LAW 105-261—OCT. 17, 1998 
Department of Veterans Affairs are national institutions that 
collectively manage more than 1,500 hospitals, clinics, and 
health care facilities worldwide to provide services to more 
than 11,000,000 beneficiaries. 
(2) In the post-Cold War era, these institutions are in 
a profound transition that involves challenging opportunities. 
(3) During the period from 1988 to 1998, the number of 
military medical personnel has declined by 15 percent and 
the number of military hospitals has been reduced by one-
third. 
(4) During the 2 years since 1996, the Department of 
Veterans Affairs has revitalized its structure by decentralizing 
authority into 22 Veterans Integrated Service Networks. 
(5) In the face of increasing costs of medical care, increased 
demands for health care services, and increasing budgetary 
constraints, the Department of Defense and the Department 
of Veterans Affairs have embarked on a variety of dynamic 
and innovative cooperative programs ranging from shared serv-
ices to joint venture operations of medical facilities. 
(6) In 1984, there was a combined total of 102 Department 
of Veterans Affairs and Department of Defense facilities with 
sharing agreements. By 1997, that number had grown to 420. 
During the six years from fiscal year 1992 through fiscal year 
1997, shared services increased from slightly over 3,000 services 
to more than 6,000 services, ranging from major medical and 
surgical services, laundry, blood, and laboratory services to 
unusual speciality care services. 
(7) The Department of Defense and the Department of 
Veterans Affairs are conducting four health care joint ventures 
in New Mexico, Nevada, Texas, and Oklahoma, and are plan-
ning to conduct four more such ventures in Alaska, Florida, 
Hawaii, and California. 
(b) SENSE OF CONGRESS.—^It is the sense of Congress that— 
(1) the Department of Defense and the Department of 
Veterans Affairs should be commended for the cooperation 
between the two departments in the delivery of medical care, 
of which the cooperation involved in the establishment and 
operation of the Department of Defense and the Department 
of Veterans Affairs Executive Council is a praiseworthy exam-
ple; 
(2) the Department of Defense and the Department of 
Veterans Affairs are encouraged to continue to explore new 
opportunities to enhance the availability and delivery of medical 
care to beneficiaries by further enhancing the cooperative 
efforts of the departments; and 
(3) enhanced cooperation between the Department of 
Defense and the Department of Veterans Affairs is encouraged 
regarding— 
(A) the general areas of access to quality medical care, 
identification and elimination of impediments to enhanced 
cooperation, and joint research and program development; 
and 
(B) the specific areas in which there is significant 
potential to achieve progress in cooperation in a short 
term, including computerization of patient records systems, 
participation of the Department of Veterans Affairs in the 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2077 
TRICARE program, pharmaceutical programs, and joint 
physical examinations. 
(c) JOINT SURVEY OF POPULATIONS SERVED.—(1) The Secretary 
of Defense and the Secretary of Veterans Affairs shall jointly con-
duct a survey of their respective medical care beneficiary popu-
lations to identify, by category of beneficiary (defined as the Sec-
retaries consider appropriate), the expectations of, requirements 
for, and behavior patterns of the beneficiaries with respect to medi-
cal care. The two Secretaries shall develop the protocol for the 
survey jointly, but shall obtain the services of an entity independent 
of the Department of Defense and the Department of Veterans 
Affairs to carry out the survey. 
(2) The survey shall include the following: 
(A) Demographic characteristics, economic characteristics, 
and geographic location of beneficiary populations with regard 
to catchment or service areas. 
(B) The types and frequency of care required by veterans, 
retirees, and dependents within catchment or service areas 
of Department of Defense and Department of Veterans Affairs 
medical facilities and outside those areas. 
(C) The numbers of, characteristics of, and types of medical 
care needed by the veterans, retirees, and dependents who, 
though eligible for medical care in Department of Defense or 
Department of Veterans Affairs treatment facilities or through 
other federally funded medical programs, choose not to seek 
medical care from those facilities or under those programs, 
and the reasons for that choice. 
(D) The obstacles or disincentives for seeking medical care 
from such facilities or under such programs that are perceived 
by veterans, retirees, and dependents. 
(E) Any other matters that the Secretary of Defense and 
the Secretary of Veterans Affairs consider appropriate for the 
survey. 
(3) The Secretary of Defense or the Secretary of Veterans 
Affairs may waive the survey requirements under this subsection 
with respect to information that can be better obtained from a 
source other than the survey. 
(4) The Secretary of Defense and the Secretary of Veterans Reports. 
Affairs shall submit a report on the results of the survey to the 
appropriate committees of Congress. The report shall contain the 
matters described in paragraph (2) and any proposals for legislation 
that the Secretaries recommend for enhancing Department of 
Defense and Department of Veterans Affairs cooperative efforts 
with respect to the delivery of medical care. 
(d) REVIEW OF LAW AND POLICIES.—(1) The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly conduct a review 
to identify impediments to cooperation between the Department 
of Defense and the Department of Veterans Affairs regarding the 
delivery of medical care. The matters reviewed shall include the 
following: 
(A) All laws, policies, and regulations, and any attitudes 
of beneficiaries of the health care systems of the two depart-
ments, that have the effect of preventing the establishment, 
or limiting the effectiveness, of cooperative health care pro-
grams of the departments. 
(B) The requirements and practices involved in the 
credentialling and licensure of health care providers. 
112 STAT. 2078 
PUBLIC LAW 105-261—OCT. 17, 1998 
(C) The perceptions of beneficiaries in a variety of cat-
egories (defined as the Secretaries consider appropriate) regard-
ing the various Federal health care systems available for their 
use. 
(D) The types and frequency of medical services furnished 
by the Department of Defense and the Department of Veterans 
Affairs through cooperative arrangements to each category of 
beneficiary (including active-duty members, retirees, depend-
ents, veterans in the health-care eligibility categories referred 
to as Category A and Category C, and persons authorized 
to receive medical care under section 1713 of title 38, United 
States Code) of the other department. 
(E) The extent to which health care facilities of the Depart-
ment of Defense and Department of Veterans Affairs have 
sufficient capacity, or could jointly or individually create suffi-
cient capacity, to provide services to beneficiaries of the other 
department without diminution of access or services to their 
primary beneficiaries. 
(F) The extent to which the recruitment of scarce medical 
specialists and allied health personnel by the Department of 
Defense and the Department of Veterans Affairs could be 
enhanced through cooperative arrangements for providing 
health care services. 
(G) The obstacles and disincentives to providing health 
care services through cooperative arrangements between the 
Department of Defense and the Department of Veterans Affairs. 
Reports. 
(2) The Secretaries shall jointly submit a report on the results 
of the review to the appropriate committees of Congress. The report 
shall include any proposals for legislation that the Secretaries rec-
ommend for eliminating or reducing impediments to interdepart-
mental cooperation that are identified during the review. 
(e) PARTICIPATION IN TRICARE.—(1) The Secretary of Defense 
shall review the TRICARE program to identify opportunities for 
increased participation by the Department of Veterans Affairs in 
that program. The ongoing collaboration between Department of 
Defense officials and Department of Veterans Affairs officials 
regarding increased participation shall be included among the mat-
ters reviewed. 
Reports. 
(2) The Secretary of Defense and the Secretary of Veterans 
Affairs shall jointly submit to the appropriate committees of Con-
gress a semiannual report on the status of the review under this 
subsection and on efforts to increase the participation of the Depart-
ment of Veterans Affairs in the TRICARE program. No report 
is required under this paragraph after the submission of a semi-
annual report in which the Secretaries declare that the Department 
of Veterans Affairs is participating in the TRICARE program to 
the extent that can reasonably be expected to be attained. 
(f) 
PHARMACEUTICAL 
BENEFITS AND PROGRAMS.—(1) 
The 
Department of Defense-Department of Veterans Affairs Federal 
Pharmacy Executive Steering Committee shall— 
(A) undertake a comprehensive examination of existing 
pharmaceutical benefits and programs for beneficiaries of 
Department of Defense medical care programs, including mat-
ters relating to the purchasing, distribution, and dispensing 
of pharmaceuticals and the management of mail order pharma-
ceuticals programs; and 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2079 
(B) review the existing methods for contracting for and 
distributing medical suppUes and services. 
(2) The committee shall submit a report on the results of Reports, 
the examination to the appropriate committees of Congress. 
(g) STANDARDIZATION OF PHYSICAL EXAMINATIONS FOR DISABIL- Reports. 
ITY.—^The Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to the appropriate committees of Congress 
a report on the status of the efforts of the Department of Defense 
and the Department of Veterans Affairs to standardize physical 
examinations administered by the two departments for the purpose 
of determining or rating disabilities. 
(h) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—^For the 
purposes of this section, the appropriate committees of Congress 
are as follows: 
(1) The Committee on Armed Services and the Committee 
on Veterans' Affairs of the Senate. 
(2) The Committee on National Security and the Committee 
on Veterans' Affairs of the House of Representatives. 
(i) DEADLINES FOR SUBMISSION OF REPORTS.—(1) The report 
required by subsection (c)(3) shall be submitted not later than 
January 1, 2000. 
(2) The report required by subsection (d)(2) shall be submitted 
not later than March 1,1999. 
(3) The semiannual report required by subsection (eX2) shall 
be submitted not later than March 1 and September 1 of each 
year. 
(4) The report on the examination required under subsection 
(f) shall be submitted not later than 60 days after the completion 
of the examination. 
(5) The report required by subsection (g) shall be submitted 
not later than March 1,1999. 
SEC. 746. REPORT ON RESEARCH AND SURVEILLANCE ACTIVITIES 
REGARDING LYME DISEASE AND OTHER TICK-BORNE 
DISEASES. 
Not later than April 1, 1999, the Secretary of Defense shall Deadline, 
submit to the Committee on National Security of the House of 
Representatives and the Committee on Armed Services of the Sen-
ate a report on the current and recommended levels of research 
and surveillance activities regarding Lyme disease and other tick-
borne diseases among members of the Armed Forces. The report 
shall include the following: 
(1) An analysis of the current and projected threat to 
the operational readiness of the Armed Forces posed by Lyme 
disease and other tick-borne diseases in the United States 
and in overseas locations at which members of the Armed 
Forces might be deployed. 
(2) A review of the current research efforts being imple-
mented to prevent the contraction of Ljmie disease and other 
tick-borne diseases by members of the Armed Forces, and to 
enhance the early identification of such diseases once they 
have been contracted. 
(3) An assessment of the adequacy of existing and projected 
funding levels for research and surveillance activities relating 
to Lyme disease and other tick-borne diseases among members 
of the Armed Forces. 
112 STAT. 2080 
PUBLIC LAW 105-261—OCT. 17, 1998 
(4) The recommended funding levels necessary to address 
the threats posed to the operational readiness of the Armed 
Forces by Lyme disease and other tick-borne diseases. 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—^Amendments to General Contracting Authorities, Procedures, 
and Limitations 
Sec. 801. Limitation on use of price preference upon achievement of contract goal for 
small and disadvantaged businesses. 
Sec. 802. Distribution of assistance under the Procurement Technical Assistance 
Cooperative Agreement Program. 
Sec. 803. Defense commercial pricing management improvement. 
Sec. 804. Modification of senior executives covered by limitation on allowability of 
compensation for certain contractor personnel. 
Sec. 805. Separate determinations of exceptional waivers of truth in negotiation 
requirements for prime contracts and subcontracts. 
Sec. 806. Procurement of conventional ammunition. 
Sec. 807. Para-aramid fibers and yams. 
Sec. 808. Clarification of responsibility for submission of information on prices pre-
viously charged for propertjr or services offered. 
Sec. 809. Amendments and study relating to procurement from firms in industrial 
base for production of small arms. 
Subtitle B—Other Matters 
Sec. 811. Eligibility of involuntarily downgraded employee for membership in an 
acquisition corps. 
Sec. 812. Time for submission of annual report relating to Buy American Act. 
Sec. 813. Procurement of travel services for official and unofficial travel under one 
contract. 
Sec. 814. Department of Defense purchases through other agencies. 
Sec. 815. Supervision of defense acquisition university structure by Under Secretary 
of Defense for Acquisition and Technology. 
Sec. 816. Pilot programs for testing program manager performance of product 
support oversight responsibilities for life cycle of acquisition programs. 
Sec. 817. Scope of protection of certain information from disclosure. 
Sec. 818. Plan for rapid transition from completion of small business innovation 
research into defense acquisition programs. 
Sec. 819. Five-year authority for Secretary of the Navy to exchange certain items. 
Sec. 820. Permanent authority for use of major range and test facility installations 
by commercial entities. 
Sec. 821. Inventory exchange authorized for certain fiiel delivery contract. 
Subtitle A—^Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 801. LIMITATION ON USE OF PRICE PREFERENCE UPON ACfflEVE-
MENT OF CONTRACT GOAL FOR SMALL AND DISADVAN-
TAGED BUSINESSES. 
Section 2323(e)(3) of title 10, United States Code, is amended— 
(1) by inserting "(A)" after "(3)"; 
(2) by inserting ", except as provided in subparagraph 
(B)," after "the head of an agency may" in the first sentence; 
and 
(3) by adding at the end the following: 
"(B)(i) The Secretary of Defense may not exercise the 
authority under subparagraph (A) to enter into a contract for 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2081 
a price exceeding fair market cost if the regulations implement-
ing that authority are suspended under clause (ii) with respect 
to that contract. 
"(ii) At the beginning of each fiscal yeaur, the Secretary 
shall determine, on the basis of the most recent data, whether 
the Department of Defense achieved the 5 percent goal 
described in subsection (a) during the fiscal year to which 
the data relates. Upon determining that the Department Regulations. 
achieved the goal for the fiscal year to which the data relates, 
the Secretary shall issue a suspension, in writing, of the regula-
tions that implement the authority under subparagraph (A). 
Such a suspension shall be in effect for the one-year period Applicability. 
beginning 30 days after the date on which the suspension 
is issued and shall apply with respect to contracts awarded 
pursuant to solicitations issued during that period. 
"(iii) For purposes of clause (ii), the term 'most recent 
data' means data relating to the most recent fiscal year for 
which data are available.". 
SEC. 802. DISTRIBUTION OF ASSISTANCE UNDER THE PROCUREMENT 
TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT 
PROGRAM. 
(a) CORRECTION OF DESCRIPTION OF GEOGRAPHIC UNIT.—(1) 
Section 2413(c) of title 10, United States Code, is amended by 
striking out "region" £uid inserting in lieu thereof "district". 
(2) Section 2415 of such title is amended— 
(A) by striking out "region" and inserting in lieu thereof 
"district" each place it appears; and 
(B) by striking out "regions" and inserting in lieu thereof 
"districts". 
(b) TECHNICAL AMENDMENT.—Section 2415 of such title is 
amended by striking out "Defense Contract Administrative Services" 
and inserting in lieu thereof "Dep2u*tment of Defense contract 
administrative services". 
SEC. 803. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVE- 
10 USC 2306a 
MENT. 
note. 
(a) 
MODIFICATION 
OF PRICING 
REGULATIONS FOR CERTAIN 
COMMERCIAL ITEMS EXEMPT FROM COST OR PRICING DATA CERTIFI-
CATION REQUIREMENTS.—(1) The Federal Acquisition Regulation 
issued in accordance with sections 6 and 25 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 405, 421) shall be revised to 
clarify the procedures and methods to be used for determining 
the reasonableness of prices of exempt commercial items (as defined 
in subsection (d)). 
(2) The regulations shall, at a minimum, provide specific guid-
ance on— 
(A) the appropriate application and precedence of such 
price analysis tools as catalog-based pricing, market-based pric-
ing, historical pricing, parametric pricing, and value analysis; 
(B) the circumstances under which contracting officers 
should require offerors of exempt commercial items to provide— 
(i) information on prices at which the offeror has pre-
viously sold the S2une or similar items; or 
(ii) other information other than certified cost or pricing 
data; 
112 STAT. 2082 
PUBLIC LAW 105-261—OCT. 17, 1998 
Termination 
date. 
Procedures. 
Procedures. 
Deadline. 
Reports. 
(C) the role and responsibility of Department of Defense 
support organizations in procedures for determining price 
reasonableness; and 
(D) the meaning and appropriate application of the term 
"purposes other than governmental purposes" in section 4(12) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)). 
(3) This subsection shall cease to be effective 1 year after 
the date on which final regulations prescribed pursuant to para-
graph (1) take effect. 
(b) UNIFIED 
MANAGEMENT OF PROCUREMENT OF EXEMPT 
COMMERCIAL ITEMS.—^The Secretary of Defense shall develop and 
implement procedures to ensure that, whenever appropriate, a sin-
gle item manager or contracting officer is responsible for negotiating 
and entering into all contracts from a single contractor for the 
procurement of exempt commercial items or for the procurement 
of items in a category of exempt commercial items. 
(c) COMMERCIAL PRICE TREND ANALYSIS.—(1) The Secretary 
of Defense shall develop and implement procedures that, to the 
maximum extent that is practicable and consistent with the efficient 
operation of the Department of Defense, provide for the collection 
and analysis of information on price trends for categories of exempt 
commercial items described in paragraph (2). 
(2) A category of exempt commercial items referred to in para-
graph (1) consists of exempt commercial items— 
(A) that are in a single Federal Supply Group or Federal 
Supply Class, are provided by a single contractor, or are other-
wise logically grouped for the purpose of analyzing information 
on price trends; and 
(B) for which there is a potential for the price paid to 
be significantly higher (on a percentage basis) than the prices 
previously paid in procurements of the same or similar items 
for the Department of Defense, as determined by the head 
of the procuring Department of Defense agency or the Secretary 
of the procuring military department on the basis of criteria 
prescribed by the Secretary of Defense. 
(3) The head of a Department of Defense agency or the Sec-
retary of a military department shall take appropriate action to 
address any unreasonable escalation in prices being paid for items 
procured by that agency or military department as identified in 
an analysis conducted pursuant to paragraph (1). 
(4) Not later than April 1 of each of fiscal years 2000, 2001, 
and 2002, the Secretary of Defense shall submit to the Committee 
on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives a report on the analyses 
of price trends that were conducted for categories of exempt commer-
cial items during the preceding fiscal year under the procedures 
prescribed pursuant to paragraph (1). The report shall include 
a description of the actions taken to identify and address any 
unreasonable price escalation for the categories of items. 
(d) EXEMPT COMMERCIAL ITEMS DEFINED.—^For the purposes 
of this section, the term "exempt commercial item" means a commer-
cial item that is exempt under subsection (b)(1)(B) of section 2306a 
of title 10, United States Code, or subsection (b)(1)(B) of section 
304A of the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 254b), from the requirements for submission of 
certified cost or pricing data under that section. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2083 
SEC. 804. MODIFICATION OF SENIOR EXECUTIVES COVERED BY 
LIMITATION ON ALLOWABILITY OF COMPENSATION FOR 
CERTAIN CONTRACTOR PERSONNEL 
(a) ARMED SERVICES ACQUISITIONS.—Section 2324(1)(5) of title 
10, United States Code, is amended to read as follows: 
"(5) The term 'senior executives', with respect to a contrac-
tor, means the five most highly compensated employees in 
management positions at each home office and each segment 
of the contractor.". 
(b) CIVILIAN AGENCY ACQUISITIONS.—Section 306(m)(2) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
256(m)(2)) is amended to read as follows: 
"(2) The term 'senior executives', with respect to a contrac-
tor, means the five most highly compensated employees in 
management positions at each home office and each segment 
of the contractor.". 
(c) CONFORMING AMENDMENTS.—(1) Section 39(c)(2) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 435(c)(2)) is 
amended to read as follows: 
"(2) The term 'senior executives', with respect to a contrac-
tor, means the five most highly compensated employees in 
management positions at each home office and each segment 
of the contractor.". 
(2) Section 808(g)(2) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1838) 41USC 435 note. 
is amended by striking out "senior executive" and inserting in 
lieu thereof "senior executives". 
(d) EFFECTIVE DATE.—^The amendments made by this section Applicability, 
shall apply with respect to costs of compensation of senior executives ^^^^^^ ^^^^ 
incurred after January 1, 1999, under covered contracts (as defined 
in section 2324(1) of title 10, United States Code, and section 306(1) 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C.256(1)) entered into before, on, or after the date of the 
enactment of this Act. 
SEC. 805. SEPARATE DETERMINATIONS OF EXCEPTIONAL WAIVERS OF 
TRUTH IN NEGOTIATION REQUIREMENTS FOR PRIME 
CONTRACTS AND SUBCONTRACTS. 
(a) ARMED SERVICES ACQUISITIONS.—Section 2306a(a)(5) of title 
10, United States Code, is amended to read as follows: 
"(5) A waiver of requirements for submission of certified cost 
or pricing data that is granted under subsection (b)(1)(C) in the 
case of a contract or subcontract does not waive the requirement 
under paragraph (1)(C) for submission of cost or pricing data in 
the case of subcontracts under that contract or subcontract unless 
the head of the procuring activity granting the waiver determines 
that the requirement under that paragraph should be waived in 
the case of such subcontracts and justifies in writing the reasons 
for the determination.". 
(b) CIVILIAN AGENCY ACQUISITIONS.—Section 304A(a)(5) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
254b(a)(5)) is amended to read as follows: 
"(5) A waiver of requirements for submission of certified cost 
or pricing data that is granted under subsection (b)(1)(C) in the 
case of a contract or subcontract does not waive the requirement 
under paragraph (1)(C) for submission of cost or pricing data in 
the case of subcontracts under that contract or subcontract unless 
note. 
112 STAT. 2084 
PUBLIC LAW 105-261—OCT. 17, 1998 
the head of the procuring activity granting the waiver determines 
that the requirement under that paragraph should be waived in 
the case of such subcontracts and justifies in writing the reasons 
for the determination.". 
10 use 2304 
SEC. 806. PROCUREMENT OF CONVENTIONAL AMMUNITION. 
(a) AUTHORITY.—^The official in the Department of Defense des-
ignated as the single manager for conventional ammunition in 
the Department shall have the authority to restrict the procurement 
of conventional ammunition to sources within the national tech-
nology and industrial base in accordance with the authority in 
section 2304(c) of title 10, United States Code. 
(b) REQUIREMENT.—^The official in the Department of Defense 
designated as the single manager for conventional ammunition 
in the Department of Defense shall limit a specific procurement 
of ammunition to sources within the national technology and indus-
trial base in accordance with section 2304(c)(3) of title 10, United 
States Code, in any case in which that manager determines that 
such limitation is necessary to maintain a facility, producer, manu-
facturer, or other supplier available for furnishing an essential 
item of ammunition or ammunition component in cases of national 
emergency or to achieve industrial mobilization. 
(c) CONVENTIONAL AMMUNITION DEFINED.—For purposes of this 
section, the term "conventional ammunition" has the meaning given 
that term in Department of Defense Directive 5160.65, dated March 
8, 1995. 
SEC. 807. PARA-ARAMID FIBERS AND YARNS. 
(a) AUTHORITY.—^The Secretary of Defense may procure articles 
containing para-aramid fibers and yams manufactured in a foreign 
country referred to in subsection (d) if the Secretary determines 
that— 
(1) procuring articles that contain only para-aramid fibers 
and yams manufactured from suppliers within the national 
technology and industrial base would result in sole-source con-
tracts or subcontracts for the supply of such para-aramid fibers 
and yams; and 
(2) such sole-source contracts or subcontracts would not 
be in the best interests of the Government or consistent with 
the objectives of section 2304 of title 10, United States Code. 
(b) SUBMISSION TO CONGRESS.—Not later than 30 days after 
making a determination under subsection (a), the Secretary shall 
submit to Congress a copy of the determination. 
(c) APPLICABILITY TO SUBCONTRACTS.—^The authority under sub-
section (a) applies with respect to subcontracts under Department 
of Defense contracts as well as to such contracts. 
AppKcabmty. 
(d) FOREIGN COUNTRIES COVERED.—^The authority Under sub-
section (a) applies with respect to a foreign country that— 
(1) is a party to a defense memorandum of understanding 
entered into under section 2531 of this title; and 
(2) permits United States firms that manufacture para-
aramid fibers and yams to compete with foreign firms for 
the sale of para-aramid fibers and yarns in that country, as 
determined by the Secretary of Defense. 
(e) DEFINITION.—^In this section, the term "national technology 
and industrial base" has the meaning given that term in section 
2500 of title 10, United States Code. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2085 
SEC. 808. CLARIFICATION OF RESPONSIBILITY FOR SUBMISSION OF 
INFORMATION ON PRICES PREVIOUSLY CHARGED FOR 
PROPERTY OR SERVICES OFFERED. 
(a) ARMED SERVICES PROCUREMENTS.—Section 2306a(d)(l) of 
title 10, United States Code, is amended by striking out "the data 
submitted shall" in the second sentence and inserting in lieu thereof 
the following: "the contracting officer shall require that the data 
submitted". 
(b) CIVILIAN AGENCY PROCUREMENTS.—Section 304A(d)(l) of 
the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 254b(d)(l)), is amended by striking out "the data submitted 
shall" in the second sentence and inserting in lieu thereof the 
following: "the contracting officer shall require that the data submit-
ted". 
(c) ELIGIBILITY FOR CONTRACTS AND SUBCONTRACTS TO BE 
CONDITIONED ON COMPLIANCE.—Not later than 180 days after the 
date of the enactment of this Act, the Federal Acquisition Regulation 
shall be amended to provide that an offeror's compliance with 
a requirement to submit data for a contract or subcontract in 
accordance with section 2306a(d)(l) of title 10, United States Code, 
or section 304A(d)(l) of the Federal Property and Administrative 
Services Act of 1949 shall be a condition for the offeror to be 
eligible to enter into the contract or subcontract, subject to such 
exceptions as the Federal Acquisition Regulatory Council deter-
mines appropriate. 
(d) CRITERIA FOR CERTAIN DETERMINATIONS.—^Not later than 
180 days after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be amended to include criteria for 
contracting officers to apply for determining the specific price 
information that an offeror should be required to submit under 
section 2306a(d) of title 10, United States Code, or section 304A(d) 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 254b(d)). 
SEC. 809. AMENDMENTS AND STUDY RELATING TO PROCUREMENT 
FROM FIRMS IN INDUSTRIAL BASE FOR PRODUCTION OF 
SMALL ARMS. 
(a) 
REQUIREMENT 
TO LIMIT 
PROCUREMENTS TO CERTAIN 
SOURCES.—Subsection (a) of section 2473 of title 10, United States 
Code, is amended— 
(1) in the heading, by striking out the first word and 
inserting in lieu thereof "REQUIREMENT"; 
(2) by striking out "To the extent that the Secretary of 
Defense determines necessary to preserve the small arms 
production industrial base, the Secretary may" and inserting 
in lieu thereof "In order to preserve the small arms production 
industrial base, the Secretary of Defense shall"; and 
(3) by inserting before the period at the end the following: 
", unless the Secretary determines, with regard to a particular 
procurement, that such requirement is not necessary to pre-
serve the small arms production industrial base". 
(b) SPECIFICATION OF INCLUDED REPAIR PARTS.—Subsection (b) 
of such section is amended in paragraph (1) by inserting before 
the period the following: ", including repair parts consisting of 
barrels, receivers, and bolts". 
(c) APPLICABILITY OF REQUIREMENT.—Such section is further 
amended— 
Deadline. 
41 use 254b 
note. 
Deadline. 
41 use 254b 
note. 
112 STAT. 2086 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) in subsection (b), by striking out "Subsection" and 
inserting in lieu thereof "Subject to subsection (d), subsection"; 
and 
(2) by adding at the end the following new subsection: 
"(d) APPLICABILITY.—^This section applies only to procurements 
of covered property and services involving the following small arms: 
"(1) M16 series rifle. 
"(2) MK19 grenade machine gun. 
"(3) M4 series carbine. 
"(4) M240 series machine gun. 
"(5) M249 squad automatic weapon.". 
(d) SUBMISSION OF CERTIFIED COST OR PRICING DATA.—Such 
section is further amended by adding at the end the following 
new subsection: 
"(e) SUBMISSION OF CERTIFIED COST OR PRICING DATA.—If a 
procurement under subsection (a) is a procurement of a commercial 
item, the Secretary may, notwithstanding section 2306a(b)(l)(B) 
of this title, require the submission of certified cost or pricing 
data under section 2306a(a) of this title.". 
Deadline. 
(e) STUDY.—^Not later than 60 days after the date of the enact-
10 use 2473 
ment of this Act, the Secretary of the Army shall conduct a study, 
to be carried out by the Army Science Board, to examine whether 
the requirements of section 2473 of title 10, United States Code, 
should be extended to small arms (as specified in subsection (d) 
of such section) and the parts manufactured under a contract with 
the Department of Defense to produce such small arms. 
10 use 2473 
(f) AUTHORITY TO EXTEND REQUIREMENTS OF SECTION 2473.— 
note. 
Based upon recommendations of the Army Science Board resulting 
from the study conducted under subsection (e), the Secretary of 
the Army may apply the requirements of section 2473 of title 
10, United States Code, to the small arms and parts referred 
to in subsection (e). 
Subtitle B—Other Matters 
SEC. 811. EUGIBILITY OF INVOLUNTARILY DOWNGRADED EMPLOYEE 
FOR MEMBERSHIP IN AN ACQUISITION CORPS. 
Section 1732(c) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(3) Paragraph (1) of subsection (b) shall not apply to an 
employee who— 
"(A) having previously served in a position within a grade 
referred to in subparagraph (A) of that paragraph, is currently 
serving in the same position within a grade below GS-13 of 
the General Schedule, or in another position within that grade, 
by reason of a reduction in force or the closure or realignment 
of a military installation, or for any other reason other than 
by reason of an adverse personnel action for cause; and 
"(B) except as provided in paragraphs (1) and (2), satisfies 
the educational, experience, and other requirements prescribed 
under paragraphs (2), (3), and (4) of that subsection.". 
SEC. 812. TIME FOR SUBMISSION OF ANNUAL REPORT RELATING TO 
BUY AMERICAN ACT. 
Section 827 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104^201; 110 Stat. 2611; 41 U.S.C. 10b-
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2087 
3) is amended by striking out "90 days" and inserting in lieu 
thereof "60 days". 
SEC. 813. PROCUREMENT OF TRAVEL SERVICES FOR OFFICIAL AND 
UNOFFICIAL TRAVEL UNDER ONE CONTRACT. 
(a) AUTHORITY.—Chapter 157 of title 10, United States Code, 
is amended by adding at the end the following new section: 
'*§2646. Travel services: procurement for official and unoffi-
cial travel under one contract 
"(a) AUTHORITY.—^The head of an agency may enter into a 
contract for travel-related services that provides for the contractor 
to furnish services for both official travel and unofficial travel. 
"(b) CREDITS, DISCOUNTS, COMMISSIONS, FEES.—(1) A contract 
entered into under this section may provide for credits, discounts, 
or commissions or other fees to accrue to the Department of Defense. 
The accrual and amounts of credits, discounts, or commissions 
or other fees may be determined on the basis of the volume (meas-
ured in the number or total amount of transactions or otherwise) 
of the travel-related sales that are made by the contractor under 
the contract. 
"(2) The evaluation factors applicable to offers for a contract 
under this section may include a factor that relates to the estimated 
aggregate value of any credits, discounts, commissions, or other 
fees that would accrue to the Department of Defense for the travel-
related sales made under the contract. 
"(3) Commissions or fees received by the Department of Defense 
as a result of travel-related sales made under a contract entered 
into under this section shall be distributed as follows: 
"(A) For amounts relating to sales for official travel, credit 
to appropriations available for official travel for the fiscal year 
in which the amounts were charged. 
"(B) For amounts relating to sales for unofficial travel, 
deposit in nonappropriated fund accounts available for morale, 
welfare, and recreation programs. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'head of an agency has the meaning given 
that term in section 2302(1) of this title. 
"(2) The term 'official travel' means travel at the expense 
of the Federal Government. 
"(3) The term 'unofficial travel' means personal travel or 
other travel that is not paid for or reimbursed by the Federal 
Grovernment out of appropriated funds. 
"(d) INAPPLICABILITY TO COAST GUARD AND NASA.—This section 
does not apply to the Coast Guard when it is not operating as 
a service in the Navy, nor to the National Aeronautics and Space 
Administration.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2646. Travel services: procurement for official and unofficial travel under one con-
tract.". 
SEC. 814. DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER 
31 USC 1535 
AGENCIES. 
note. 
(a) EXTENSION OF REGULATIONS.—^Not later than 90 days after Deadline, 
the date of the enactment of this Act, the Secretary of Defense 
shall revise the regulations issued pursuant to section 844 of the 
5»-194 O - 98 - 9: QL 3 Part 3 
112 STAT. 2088 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 2220 
note. 
Deadline. 
National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1720; 31 U.S.C. 1535 note) to— 
(1) cover any purchase described in subsection (b) that 
is greater than the micro-purchase threshold; and 
(2) provide for a streamlined method of compliance for 
any such purchase that is not greater than the simplified 
acquisition threshold. 
(b) DESCRIPTION OF PURCHASES.—A purchase referred to in 
subsection (a) is a purchase of goods or services for one agency 
of the Department of Defense by any other agency under a task 
or delivery order contract entered into by the other agency under 
section 2304a of title 10, United States Code, or section 303H 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253h). 
(c) DEFINITIONS.—^In this section: 
(1) The term "micro-purchase threshold" has the meaning 
provided in section 32 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 428). 
(2) The term "simplified acquisition threshold" has the 
meaning provided in section 4 of such Act (41 U.S.C. 403). 
(d) TERMINATION.—This section shall cease to be effective 1 
year after the date on which final regulations prescribed pursuant 
to subsection (a) take effect. 
SEC. 815. SUPERVISION OF DEFENSE ACQUISITION 
UNIVERSITY 
STRUCTURE BY UNDER SECRETARY OF DEFENSE FOR 
ACQUISITION AND TECHNOLOGY. 
Section 1702 of title 10, United States Code, is amended by 
adding at the end the following: "The Under Secretary shall pre-
scribe policies and requirements for the educational programs of 
the defense acquisition university structure established under sec-
tion 1746 of this title.". 
SEC. 816. PILOT PROGRAMS FOR TESTING PROGRAM 
MANAGER 
PERFORMANCE 
OF PRODUCT 
SUPPORT 
OVERSIGHT 
RESPONSIBILITIES FOR LIFE CYCLE OF ACQUISITION 
PROGRAMS. 
(a) DESIGNATION OF PILOT 
PROGRAMS.—The Secretary of 
Defense, acting through the Secretaries of the military departments, 
shall designate 10 acquisition programs of the military departments 
as pilot programs on program manager responsibility for product 
support. 
(b) RESPONSIBILITIES OF PROGRAM MANAGERS.—The program 
manager for each acquisition program designated as a pilot program 
under this section shall have the responsibility for ensuring that 
the product support functions for the program are properly carried 
out over the entire life cycle of the program. 
(c) REPORT.—^Not later than February 1, 1999, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the pilot programs. The report shall contain the follow-
ing: 
(1) A description of the acquisition programs designated 
as pilot programs under subsection (a). 
(2) For each such acquisition program, the specific manage-
ment actions taken to ensure that the program manager has 
the responsibility for oversight of the performance ^ the prod-
uct support functions. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2089 
(3) Any proposed change to law, policy, regulation, or 
organization that the Secretary considers desirable, and deter-
mines feasible to implement, for ensuring that the program 
managers are fully responsible under the pilot programs for 
the performance of all such responsibilities. 
SEC. 817. SCOPE OF PROTECTION OF CERTAIN INFORMATION FROM 
DISCLOSURE. 
Section 2371(i)(2)(A) of title 10, United States Code, is amended 
by striking out "cooperative agreement that includes a clause 
described in subsection (d)" and inserting in lieu thereof "cooperative 
agreement for performance of basic, applied, or advanced research 
authorized by section 2358 of this title". 
SEC. 818. PLAN FOR RAPID TRANSITION FROM COMPLETION OF SMALL 
BUSINESS 
INNOVATION 
RESEARCH 
INTO 
DEFENSE 
ACQUISITION PROGRAMS. 
(a) PLAN REQUIRED.—(1) Not later than February 1, 1999, Deadline, 
the Secretary of Defense, in consultation with the Administrator 
of the Small Business Administration, shall develop a plan for 
facilitating the rapid transition into Department of Defense acquisi-
tion programs of successful first phase and second phase activities 
under the Small Business Innovation Research program under sec-
tion 9 of the Small Business Act (15 U.S.C. 638). 
(2) The Secretary shall submit the plan developed under para-
graph (1) to— 
(A) the Committee on Armed Services and the Committee 
on Small Business of the Senate; and 
(B) the Committee on National Security and the Committee 
on Small Business of the House of Representatives. 
(b) CONDITIONS.—^The plan developed under subsection (a) 
shall— 
(1) be consistent with the Small Business Innovation 
Research program and with the provisions of division D of 
the Clinger-Cohen Act of 1996 (division D of Public Law 104-
106; 110 Stat. 642) and the Federal Acquisition Streamlining 
Act of 1994 (Public Law 103-355; 108 Stat. 3243) that are 
applicable to the Department of Defense; and 
(2) provide for favorable consideration, in the acquisition 
planning process, for funding projects under the Small Business 
Innovation Research program that have successfully completed 
the second phase or are subject to a third phase agreement 
entered into pursuant to section 9(r) of the Small Business 
Act (15 U.S.C. 638(r)). 
SEC. 819. FIVE-YEAR AUTHORITY FOR SECRETARY OF THE NAVY TO 
EXCHANGE CERTAIN ITEMS. 
(a) BARTER AUTHORITY.—^The Secretary of the Navy may enter 
into a barter agreement to convey trucks and other tactical vehicles 
in exchange for the repair and remanufacture of ribbon bridges 
for the Marine Corps. The Secretary shall enter into any such 
agreement in accordance with section 201(c) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 481(c)), and 
the regulations issued under such section, except that the require-
ment that the items to be exchanged be similar shall not apply 
to the authority provided under this subsection. 
(b) PERIOD OF AUTHORITY.—^The authority to enter into agree-
ments under subsection (a) and to make exchanges under any 
112 STAT. 2090 
PUBLIC LAW 105-261—OCT. 17, 1998 
such agreement is effective during the 5-year period beginning 
on October 1, 1998. 
SEC. 820. PERMANENT AUTHORITY FOR USE OF MAJOR RANGE AND 
TEST FACIUTY INSTALLATIONS BY COMMERCIAL ENTI-
TIES. 
(a) PERMANENT AUTHORITY.—Subsection (g) of section 2681 of 
title 10, United States Code, is repealed. 
(b) 
REPEAL OF EXECUTED REPORTING REQUIREMENT.—Sub-
section (h) of such section is repealed. 
SEC. 821. INVENTORY EXCHANGE AUTHORIZED FOR CERTAIN FUEL 
DELIVERY CONTRACT. 
(a) EXCHANGE OF BARRELS AUTHORIZED.—(1) The Secretary 
of Defense shall provide, under a contract described in subsection 
(f), that the contract may be performed, during the period described 
in paragraph (2), by means of delivery of fuel obtained by the 
refiner concerned in an inventory exchange of barrels of fuel, in 
any case in which— 
(A) the refiner is unable to physically deliver fuel in compli-
ance with the contract requirements because of ice conditions 
in Cook Inlet, as determined by the Coast Guard; and 
(B) the Secretary determines that such inability will result 
in an inequity to the refiner. 
(2) The period referred to in paragraph (1) is the period begin-
ning on the date of the enactment of this Act and ending on 
February 28, 1999. 
(b) LIMITATION.—^The number of barrels of fuel exchanged 
pursuant to a contract described in subsection (f) may contain 
up to 15 percent of the total quantity of fiiel required to be delivered 
under the contract. 
(c) EFFECT ON STATUS AS SMALL DISADVANTAGED BUSINESS.— 
Nothing in this section, and no action taken pursuant to this 
section, may be construed as affecting the status of the refiner 
as a small disadvantaged business. 
(d) EFFECT ON CONTRACTUAL OBLIGATIONS.—Nothing in this 
section may be construed as affecting the requirement of a refiner 
to fulfill its contractual obligations under a contract described in 
subsection (e), other than as provided under subsection (b). 
(e) SMALL DISADVANTAGED BUSINESS DEFINED.—For the pur-
poses of this section, the term "small disadvantaged business" 
means a socially and economically disadvantaged small business 
concern, a small business concern owned and controlled by socially 
and economically disadvantaged individuals, and a 
qualified 
HUBZone small business concern, as those terms are defined in 
sections 8(aX4KA), 8(dX3XC), and 3(p) of the Small Business Act 
(15 U.S.C. 637(aX4XA)), 637(dX3XC), and 632(p)), respectively. 
(f) 
APPLICABILITY.—This section applies to any contract 
between the Defense E n e i ^ Supply Center of the Department 
of Defense and a refiner that qualifies as a small disadvantaged 
business for the delivery of fuel by barge to Defense Energy Supply 
Point-Anchorage. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2091 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense OfHcers and Organization 
Sec. 901. Reduction in number of Assistant Secretary of Defense positions. 
Sec. 902. Repeal of statutory requirement for position of Assistant Secretary of 
Defense for Command, Control, Communications, and Intelligence. 
Sec. 903. Independent task force on transformation and Department of Defense 
organization. 
Sec. 904. Authority to expand the National Defense University. 
Sec. 905. Center for Hemispheric Defense Studies. 
Sec. 906. Restincturing of administration of Fisher Houses. 
Sec. 907. Management reform for research, development, test, and evaluation activi-
ties. 
Subtitle B—Department of Defense Financial Management 
Sec. 911. Improved accounting for defense contract services. 
Sec. 912. Report on Department of Defense financial management improvement 
plan. 
Sec. 913. Study of feasibility of performance of Department of Defense finance and 
accounting functions by private sector sources or other Federal sources. 
Sec. 914. Limitation on reorganization and consolidation of operating locations of 
the Defense Finance and Accounting Service. 
Sec. 915. Annual report on resources allocated to support and mission activities. 
Subtitle C—Joint Warflghting Experimentation 
Sec. 921. Findings concerning joint warflghting experimentation. 
Sec. 922. Sense of Congress concerning joint warflghting experimentation. 
Sec. 923. Reports on joint warflghting experimentation. 
Subtitle D—Other Matters 
Sec. 931. Further reductions in defense acquisition and support workforce. 
Sec. 932. Limitation on operation and support funds for the Office of the Secretary 
of Defense. 
Sec. 933. Clarification and simplification of responsibilities of Inspectors General 
regarding whistleblower protections. 
Sec. 934. Repeal of requirement relating to assignment of tactical airlift mission to 
Reserve components. 
Sec. 935. Consultation with Marine Corps on major decisions directly concerning 
Marine Corps aviation. 
Subtitle A—Department of Defense 
Officers and Organization 
SEC. 901. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF 
DEFENSE POSITIONS. 
(a) REDUCTION TO NINE POSITIONS.—Section 138(a) of title 10, 
United States Code, is amended by striking out "ten" and insert 
in lieu thereof "nine". 
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United 
States Code, is amended by striking out "(10)" after "Assistant 
Secretaries of Defense" and inserting in lieu thereof "(9)". 
SEC. 902. REPEAL OF STATUTORY REQUIREMENT FOR POSITION OF 
ASSISTANT SECRETARY OF DEFENSE FOR COMMAND, 
CONTROL, COMMUNICATIONS, AND INTELLIGENCE. 
Section 138(b) of title 10, United States Code is amended by 
striking out paragraph (3). 
SEC. 903. INDEPENDENT TASK FORCE ON TRANSFORMATION AND 
DEPARTMENT OF DEFENSE ORGANIZATION. 
(a) FINDINGS.—Congress finds the following: 
112 STAT. 2092 
PUBLIC LAW 105-261—OCT. 17, 1998 
Establishment. 
Deadline. 
(1) The post-Cold War era is marked by geopolitical 
uncertainty and by accelerating technological change, particu-
larly with regard to information technologies. 
(2) The combination of that geopolitical uncertainty and 
accelerating technological change portends a transformation 
in the conduct of war, particularly in ways that are likely 
to increase the effectiveness of 
joint operations. 
(3) The Department of Defense must be organized appro-
priately in order to fully exploit the opportunities offered by, 
and to meet the challenges posed by, this anticipated trans-
formation in the conduct of war. 
(4) The basic organization of the Department of Defense 
was established by the National Security Act of 1947 and 
the 1949 amendments to that Act. 
(5) The Groldwater-Nichols Department of Defense Reorga-
nization Act of 1986 (Public Law 99-433) dramatically improved 
the capability of the Department of Defense to carry out oper-
ations involving joint forces, but did not specifically address 
issues pertaining to the development of 
joint operations. 
(6) In the future, the ability to achieve improved operations 
of joint forces, particularly under rapidly changing technological 
conditions, will depend on improved force development for joint 
operations. 
(b) 
INDEPENDENT 
TASK 
FORCE 
ON 
TRANSFORMATION AND 
DEPARTMENT 
OF 
DEFENSE 
ORGANIZATION.—^The 
Secretary 
of 
Defense shall establish a task force of the Defense Science Board 
to examine the current organization of the Department of Defense 
with regard to the appropriateness of that organization for prepar-
ing for a transformation in the conduct of war. The task force 
shall be established not later than November 1, 1998. 
(c) DUTIES OF THE TASK FORCE.—The task force shall assess, 
and shall make recommendations for the appropriate organization 
of, the Office of the Secretary of Defense, the Joint Chiefe of Staff, 
the individual Armed Forces, and the executive parts of the military 
departments for the purpose of preparing the Department of 
Defense for a transformation in the conduct of war. In making 
those assessments and developing those recommendations, the task 
force shall review the following: 
(1) The general organization of the Department of Defense, 
including whether responsibility and authority for issues relat-
ing to a transformation in the conduct of war are appropriately 
allocated, especially among the Office of the Secretary of 
Defense, the Joint Chiefs of Staff, and the individual Armed 
Forces. 
(2) The joint requirements process and the requirements 
processes for each of the Armed Forces, including the establish-
ment of measures of effectiveness and methods for resource 
allocation. 
(3) The process and organizations responsible for doctrinal 
development, including the appropriate relationship between 
joint force and service doctrine and doctrinal development 
organizations. 
(4) The current programs and organizations under the 
Office of the Secretary of Defense, the Joint Chiefs of Staff, 
and the Armed Forces devoted to innovation and experimen-
tation related to a transformation in the conduct of war, includ-
ing the appropriateness of— 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2093 
(A) conducting joint field tests; 
(B) establishing a separate unifiied command as a joint 
forces command to serve, as its sole function, as the trainer, 
provider, and developer of forces for joint operations and 
for conducting joint warfighting experimentation; 
(C) establishing a separate Joint Concept Development 
Center to monitor exercises and develop measures of 
effectiveness, anal3^ical concepts, models, and simulations 
appropriate for understanding the transformation in the 
conduct of war; 
(D) establishing a Joint Battle Laboratory to conduct 
joint experimentation and to integrate the similar efforts 
of the Armed Forces; and 
(E) establishing an Assistant Secretary of Defense 
responsible for transformation in the conduct of war. 
(5) Joint training establishments and training establish-
ments of the Armed Forces, including those devoted to profes-
sional military education, and the appropriateness of establish-
ing national training centers. 
(6) Other issues relating to a transformation in the conduct 
of war that the Secretary considers appropriate. 
(d) REPORT.—^The task force shall submit to the Secretary of Deadlines. 
Defense a report containing its assessments and recommendations 
not later than February 1, 1999. The Secretary shall submit the 
report to the Committee on National Security of the House of 
Representatives and the Committee on Armed Services of the Sen-
ate not later than March 1, 1999, together with the recommenda-
tions and comments of the Secretary of Defense. 
SEC. 904. AUTHORITY TO EXPAND THE NATIONAL DEFENSE UNIVER-
SITY. 
Section 2165(b) of title 10, United States Code, is amended 
by adding at the end the following: 
"(7) Any other educational institution of the Department 
of Defense that the Secretary considers appropriate and des-
ignates as an institution of the university.". 
SEC. 905. CENTER FOR HEMISPHERIC DEFENSE STUDIES. 
(a) FUNDING FOR CENTER.—Section 2165 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(c) SOURCE OF FUNDS FOR CENTER FOR HEMISPHERIC DEFENSE 
STUDIES.—Funds available for the payment of personnel expenses 
under the Latin American cooperation authority set forth in section 
1050 of this title are also available for the costs of the operation 
of the Center for Hemispheric Defense Studies.". 
(b) CONFORMING AMENDMENT.—Section 1050 of such title is 
amended by inserting "Secretary of Defense or the" before "Sec-
retary of a military department". 
SEC. 906. RESTRUCTURING OF ADMINISTRATION OF FISHER HOUSES. 
(a) ADMINISTRATION AS NONAPPROPRIATED FUND INSTRUMEN-
TALITY.—(1) Chapter 147 of title 10, United States Code, is amended 
by inserting after section 2492 (as added by section 365) the follow-
ing new section: 
112 STAT. 2094 
PUBLIC LAW 105-261—OCT. 17, 1998 
Zachary Fisher. 
Elizabeth Fisher. 
Deadline. 
'^§2493. Fisher Houses: administration as nonappropriated 
fund instrumentality 
"(a) FISHER HOUSES AND SUITES DEFINED.—In this section: 
"(1) The term 'Fisher House' means a housing facihty that— 
"(A) is located in proximity to a health care facility 
of the Army, the Air Force, or the Navy; 
"(B) is available for residential use on a temporary 
basis by patients of that health care facility, members 
of the families of such patients, and others providing the 
equivalent of familial support for such patients; and 
"(C) is constructed and donated by— 
"(i) the Zachary and Elizabeth M. Fisher Armed 
Services Foundation; or 
"(ii) another source, if the Secretary of the military 
department concerned designates the housing facility 
as a Fisher House. 
The term 'Fisher Suite' 
"(2) 
that— 
means one or more rooms 
"(A) meet the requirements of subparagraphs (A) and 
(B) of paragraph (1); 
"(B) are constructed, altered, or repaired and donated 
by a source described in subparagraph (C) of that para-
graph; and 
"(C) are designated by the Secretary of the military 
department concerned as a Fisher Suite. 
"(b) NONAPPROPRIATED FUND 
INSTRUMENTALITY.—^The Sec-
retary of each military department shall administer all Fisher 
Houses and Fisher Suites associated with health care facilities 
of that military department as a nonappropriated fund instrumen-
tality of the United States. 
"(c) GOVERNANCE.—^The Secretary of each military department 
shall establish a system for the governance of the nonappropriated 
fund instrumentality required by subsection (b) for that military 
department. 
"(d) CENTRAL FUND.—^The Secretary of each miHtary depart-
ment shall establish a single fund as the source of funding for 
the operation, maintenance, and improvement of all Fisher Houses 
and Fisher Suites of the nonappropriated fund instrumentality 
required by subsection (b) for that military department. 
"(e) ACCEPTANCE OF CONTRIBUTIONS; IMPOSITION OF FEES.— 
(1) The Secretary of a military department may— 
"(A) accept money, property, and services donated for the 
support of a Fisher House or Fisher Suite associated with 
health care facilities of that military department; and 
"(B) may impose fees relating to the use of such Fisher 
Houses and Fisher Suites. 
"(2) All monetary donations, and the proceeds of the disposal 
of any other donated property, accepted by the Secretary of a 
military department under this subsection shall be credited to the 
fund established under subsection (d) for the Fisher Houses and 
Fisher Suites associated with health care facilities of that military 
department and shall be available to that Secretary to support 
all such Fisher Houses and Fisher Suites. 
"(f) ANNUAL REPORT.—^Not later than January 15 of each year, 
the Secretary of each military department shall submit to Congress 
a report describing the operation of Fisher Houses and Fisher 
note. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2095 
Suites associated with health care facilities of that military depart-
ment. The report shall include, at a minimum, the following: 
"(1) The amount in the fund established by that Secretary 
under subsection (d) as of October 1 of the previous year. 
"(2) The operation of the fund during the preceding fiscal 
year, including— 
"(A) all gifts, fees, and interest credited to the fund; 
and 
"(B) all disbursements from the fund. 
"(3) The budget for the operation of the Fisher Houses 
and Fisher Suites for the fiscal year in which the report is 
submitted.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2492 
(as added by section 365) the following new item: 
"2493. Fisher Houses: administration as nonappropriated fund instrumentality.". 
(b) ESTABLISHMENT OF FUNDS.—^Not later than 90 days after Deadline, 
the date of the enactment of this Act, the Secretary of each military 
i^ ^SC 2493 
department shall— 
(1) establish the fund required under section 2493(d) of 
title 10, United States Code (as added by subsection (a)); and 
(2) close the Fisher House Trust Fund established for that 
department under section 2221 of such title and transfer the 
amounts in the closed fund to the newly established fund. 
(c) FUNDING TRANSITION.—(1) Of the amount authorized to 
be appropriated pursuant to section 301(2) for operation and mainte-
nance for the Navy, the Secretary of the Navy shall transfer to 
the fiind established by that Secretary under section 2493(d) of 
title 10, United States Code (as added by subsection (a)), such 
amount as that Secretary considers appropriate for establishing 
in the fund a corpus sufficient for operating Fisher Houses and 
Fisher Suites associated with health care facilities of the Depart-
ment of the Navy. 
(2) Of the amount authorized to be appropriated pursuant 
to section 301(4) for operation and maintenance for the Air Force, 
the Secretary of the Air Force shall transfer to the fund established 
by that Secretary under section 2493(d) of title 10, United States 
Code (as added by subsection (a)), such amount as that Secretary 
considers appropriate for establishing in the fund a corpus sufficient 
for operating Fisher Houses and Fisher Suites associated with 
health care facilities of the Department of the Air Force. 
(d) REPORTING REQUIREMENTS.—The Secretary of each military 
department, upon completing the actions required of the Secretary 
under subsections (b) and (c), shall submit to Congress a report 
containing— 
(1) the certification of that Secretary that those actions 
have been completed; and 
(2) a statement of the amount deposited in the fund estab-
lished by that Secretary under section 2493(d) of title 10, United 
States Code (as added by subsection (a)). 
(e) AVAILABILITY OF TRANSFERRED AMOUNTS.—Amounts trans-
ferred under subsection (b) or (c) to a fund established under 
section 2493(d) of title 10, United States Code (as added by sub-
section (a)), shall be available without fiscal year limitation for 
the purposes for which the fund is established and shall be adminis-
tered as nonappropriated funds. 
112 STAT. 2096 
PUBLIC LAW 105-261—OCT. 17, 1998 
(f) CONFORMING REPEALS.—(1) Section 2221 of title 10, United 
States Code, and the item relating to that section in the table 
of sections at the beginning of chapter 131 of such title, are repealed. 
(2) Section 1321(a) of title 31, United States Code, is amended 
by striking out paragraphs (92), (93), and (94). 
Effective date. 
(3) The amendments made by this subsection shall take effect 
90 days after the date of the enactment of this Act. 
SEC. 907. MANAGEMENT REFORM FOR RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION ACTIVITIES. 
(a) ANALYSIS AND PLAN FOR REFORM OF MANAGEMENT OF R D T E 
ACTIVITIES.—(1) The Secretary of Defense, acting through the Under 
Secretary of Defense for Acquisition and Technology, shall analyze 
the structures and processes of the Department of Defense for 
management of its laboratories and test and evaluation centers. 
Taking into consideration the results of that analysis, the Secretary 
shall develop a plan for improving the management of those labora-
tories and centers. The plan shall include such reorganizations 
and reforms as the Secretary considers appropriate. 
(2) The analysis under paragraph (1) shall include an analysis 
of each of the following with respect to Department of Defense 
laboratories and test and evaluation centers: 
(A) Opportunities to improve efficiency and reduce duplica-
tion of efforts by those laboratories and centers by designating 
a lead agency or executive agent by area or function or other 
methods of streamlining management. 
(B) Reform of the management processes of those labora-
tories and centers that would reduce costs and increase effi-
ciency in the conduct of research, development, test, and evalua-
tion activities. 
(C) Opportunities for those laboratories and centers to enter 
into partnership arrangements with laboratories in industry, 
academia, £ind other Federal agencies that demonstrate leader-
ship, initiative, and innovation in research, development, test, 
and evaluation activities. 
(D) The extent to which there is disseminated within those 
laboratories and centers information regarding initiatives that 
have successfully 
improved 
efficiency 
through reform of 
management processes and other means. 
(E) Any cost savings that can be derived directly from 
reorganization of management structures of those laboratories 
and centers. 
(F) Options for reinvesting any such cost savings in those 
laboratories and centers. 
Deadline. 
(3) The Secretary shall submit the plan required under para-
graph (1) to the congressional defense committees not later than 
180 days after the date of the enactment of this Act. 
(b) COST-BASED MANAGEMENT INFORMATION SYSTEM.—(1) The 
Secretary of Defense shall develop a plan, including a schedule, 
for establishing a cost-based management information system for 
Department of Defense laboratories and test and evaluation centers. 
The system shall provide for accurately identif3dng and comparing 
the costs of operating each laboratory and each center. 
(2) In preparing the plan, the Secretary shall assess the feasibil-
ity and desirability of establishing a common methodology for 
assessing costs. The Secretary shall consider the use of a revolving 
fundus one potential methodology. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2097 
(3) The Secretary shall submit the plan required under para- Deadline, 
graph (1) to the congressional defense committees not later than 
90 days after the date of the enactment of this Act. 
Subtitle B—^Department of Defense 
Financial Management 
SEC. 911. IMPROVED ACCOUNTING FOR DEFENSE CONTRACT SERV-
ICES. 
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States 
Code, is amended by inserting after section 2211 the following 
new section: 
*
*
§ 2212. Obligations for contract services: reporting in budget 
object classes 
"(a) LIMITATION ON REPORTING IN MISCELLANEOUS SERVICES 
OBJECT CLASS.—^The Secretary of Defense shall ensure that, in 
reporting to the Office of Management and Budget (pursuant to 
OMB Circular A-11 (relating to preparation and submission of 
budget estimates)) obligations of the Department of Defense for 
any period of time for contract services, no more than 15 percent 
of the total amount of obligations so reported is reported in the 
miscellaneous services object class. 
"(b) DEFINITION OF REPORTING CATEGORIES FOR ADVISORY AND 
ASSISTANCE SERVICES.—In carrying out section 1105(g) of title 31 
for the Department of Defense (and in determining what services 
are to be reported to the Office of Management and Budget in 
the advisory and assistance services object class), the Secretary 
of Defense shall apply to the terms used for the definition of 
'advisory and assistance services' in paragraph (2)(A) of that section 
the following meanings (subject to the authorized exemptions): 
"(1) MANAGEMENT AND PROFESSIONAL SUPPORT SERVICES.— 
The term 'management and professional support services' (used 
in clause (i) of section 1105(g)(2)(A) of title 31) means services 
that provide engineering or technical support, assistance, 
advice, or training for the efficient and effective management 
and operation of organizations, activities, or systems. Those 
services— 
"(A) are closely related to the basic responsibilities 
and mission of the using organization; and 
"(B) include efforts that support or contribute to 
improved organization or program management, logistics 
management, project monitoring and reporting, data collec-
tion, budgeting, accounting, auditing, and administrative 
or technical support for conferences and training programs. 
"(2) STUDIES, ANALYSES, AND EVALUATIONS.—The term 
'studies, analyses, and evaluations' (used in clause (ii) of section 
1105(g)(2)(A) of title 31) means services that provide organized, 
analytic assessments to understand or evaluate complex issues 
to improve policy development, decisionmaking, management, 
or administration and that result in documents containing data 
or leading to conclusions or recommendations. Those services 
may include databases, models, methodologies, and related soft-
ware created in support of a study, analysis, or evaluation. 
112 STAT. 2098 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(3) ENGINEERING AND TECHNICAL SERVICES.—^The term 
'engineering and technical services' (used in clause (iii) of sec-
tion 1105(g)(2)(A) of title 31) means services that take the 
form of advice, assistance, training, or hands-on training nec-
essary to maintain and operate fielded weapon systems, equip-
ment, and components (including software when applicable) 
at design or required levels of effectiveness. 
"(c) 
PROPER CLASSIFICATION OF ADVISORY AND ASSISTANCE 
SERVICES.—Before the submission to the Office of Management 
and Budget of the proposed Department of Defense budget for 
inclusion in the President's budget for a fiscal year pursuant to 
section 1105 of title 31, the Secretary of Defense, acting through 
the Under Secretary of Defense (Comptroller), shall conduct a 
review of Department of Defense services expected to be performed 
as contract services during the fiscal year for which that budget 
is to be submitted in order to ensure that those services that 
are advisory and assistance services (as defined in accordance with 
subsection (b)) are in fact properly classified, in accordance with 
that subsection, in the advisory and assistance services object class. 
Deadlines. 
"(d) REPORT TO CONGRESS.—The Secretary shall submit to Con-
gress each year, not later than 30 days after the date on which 
the budget for the next fiscal year is submitted pursuant to section 
1105 of title 31, a report containing the information derived from 
the review under subsection (c). 
"(e) 
ASSESSMENT 
BY 
COMPTROLLER 
GENERAL.—(1) 
The 
Comptroller General shall conduct a review of the report of the 
Secretary of Defense under subsection (d) each year and shall— 
"(A) assess the methodology used by the Secretary in 
obtaining the information submitted to Congress in that report; 
and 
"(B) assess the information submitted to Congress in that 
report. 
"(2) Not later than 120 days after the date on which the 
Secretary submits to Congress the report required under subsection 
(d) for any year, the Comptroller General shall submit to Congress 
the Comptroller General's report containing the results of the review 
for that year under paragraph (1). 
"(f) DEFINITIONS.—^In this section: 
"(1) The term 'contract services* means all services that 
are reported to the Office of Management and Budget pursuant 
to OMB Circular A-11 (relating to preparation and submission 
of budget estimates) in budget object classes that are designated 
in the Object Class 25 series. 
"(2) llie term 'advisory and assistance services object class' 
means those contract services constituting the budget object 
class that is denominated 'Advisory and Assistance Service' 
and designated (as of the date of the enactment of this section) 
as Object Class 25.1 (or any similar object class established 
after the date of the enactment of this section for the reporting 
of obligations for advisory and assistance contract services). 
"(3) The term 'miscellaneous services object class' means 
those contract services constituting the budget object class that 
is denominated 'Other Services (services not otherwise specified 
in the 25 series)' and designated (as of the date of the enactment 
of this section) as Object Class 25.2 (or any similar object 
class established after the date of the enactment of this section 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2099 
for the reporting of obligations for miscellaneous or unspecified 
contract services). 
"(4) The term 'authorized exemptions' means those exemp-
tions authorized (as of the date of the enactment of this section) 
under Department of Defense Directive 4205.2, captioned 
'Acquiring and Managing Contracted Advisory and Assistance 
Services (CAAS)' and issued by the Under Secretary of Defense 
for Acquisition and Technology on February 10, 1992, such 
exemptions being set forth in Enclosure 3 to that directive 
(captioned 'CAAS Exemptions').". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2211 
the following new item: 
"2212. Obligations for contract services: reporting in budget object classes.". 
(b) TRANSITION.—For the budget for fiscal year 2000, and the 
reporting of information to the Office of Management and Budget 
in connection with the preparation of that budget, section 2212 
of title 10, United States Code, as added by subsection (a), shall 
be applied by substituting "30 percent" in subsection (a) for "15 
percent". 
(c) INITIAL CLASSIFICATION OF ADVISORY AND ASSISTANCE SERV-
ICES.—^Not later than February 1, 1999, the Secretary of Defense, 
acting through the Under Secretary of Defense (Comptroller), shall 
conduct a review of Department of Defense services performed 
or expected to be performed as contract services during fiscal year 
1999 in order to ensure that those services that are advisory and 
assistance services (as defined in accordance with subsection (b) 
of section 2212 of title 10, United States Code, as added by sub-
section (a)) are in fact properly classified, in accordance with that 
subsection, in the advisory and assistance services object class 
(as defined in subsection (f)(2) of that section), 
(d) FISCAL YEAR 1999 REDUCTION.—^The total amount that may 
be obligated by the Secretary of Defense for contracted advisory 
and assistance services from amounts appropriated for fiscal year 
1999 is the amount programmed for those services resulting from 
the review referred to in subsection (c) reduced by $240,000,000. 
SEC. 912. REPORT ON DEPARTMENT OF DEFENSE FINANCIAL MANAGE-
MENT IMPROVEMENT PLAN. 
Not later than 60 days after the date on which the Secretary 
of Defense submits the first biennial 
financial 
management 
improvement plan required by section 2222 of title 10, United 
States Code, the Comptroller General shall submit to Congress 
an analysis of the plan. The analysis shall include a discussion 
of the content of the plan and the extent to which the plan— 
(1) complies with the requirements of such section 2222; 
and 
(2) is a workable plan for addressing the financial manage-
ment problems of the Department of Defense. 
SEC. 913. STUDY OF FEASIBIUTY OF PERFORMANCE OF DEPARTMENT 
OF DEFENSE FINANCE AND ACCOUNTING FUNCTIONS BY 
PRIVATE 
SECTOR 
SOURCES 
OR 
OTHER 
FEDERAL 
SOURCES. 
(a) STUDY REQUIRED.—(1) The Secretary of Defense shall carry 
out a study of the feasibility and advisability of selecting on a 
competitive basis the source or sources for performing the finance 
Applicability. 
10 u s e 2212 
note. 
Deadline. 
Deadline. 
112 STAT. 2100 
PUBLIC LAW 105-261—OCT. 17, 1998 
and accounting functions of the Department of Defense from among 
the Defense Finance and Accounting Service of the Department 
of Defense and non-DFAS sources. 
(2) For the purposes of this section, the term "non-DFAS 
sources" means— 
(A) the military departments; 
(B) Federal agencies outside the Department of Defense; 
and 
(C) private sector sources. 
Deadline. 
(b) REPORT.—^Not later than October 1,' 1999, the Secretary 
shall submit to Congress a report in writing on the results of 
the study. The report shall include the following: 
(1) A discussion of how the finance and accounting functions 
of the Department of Defense are performed, including the 
necessary operations, the operations actually performed, the 
personnel required for the operations, and the core com-
petencies that are necessary for the performance of those func-
tions. 
(2) A comparison of the performance of the finance and 
accounting functions by the Defense Finance and Accounting 
Service with the performance of finance and accounting func-
tions by non-DFAS sources that exemplify the best finance 
and accounting practices and results, together with a compari-
son of the costs of the performance of those functions by the 
Defense Finance and Accounting Service and the estimated 
costs of the performance of those functions by non-DFAS 
sources. 
(3) The finance and accounting functions, if any, that are 
appropriate for performance by non-DFAS sources, together 
with a concept of operations that— 
(A) specifies the mission; 
(B) identifies the finance 2ind accounting operations 
to be performed; 
(C) describes the work force that is necessary to per-
form those operations; 
(D) discusses where the operations are to be performed; 
(E) describes how the operations are to be performed; 
and 
(F) discusses the relationship between how the oper-
ations are to be performed and the mission. 
(4) An analysis of how Department of Defense programs 
or processes would be siffected by the performance of the finance 
and accounting functions of the Department of Defense by 
one or more non-DFAS source. 
(5) The status of the efforts within the Department of 
Defense to consolidate and eliminate redundant finance and 
accounting systems and to better integrate the automated and 
manual systems of the department that provide input to finan-
cial management or accounting systems of the department. 
(6) A description of a feasible and effective process for 
selecting, on a competitive basis, sources to perform the finance 
and accounting functions of the Department of Defense from 
among the Defense Finance and Accounting Service and non-
DFAS sources, including a discussion of the selection criteria 
the Secretary considers appropriate. 
(7) An analysis of the costs and benefits of the various 
policies and actions recommended. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2101 
(8) A discussion of any findings, analyses, and recommenda-
tions on the performance of the finance and accounting func-
tions of the Department of Defense that have been made by 
the Task Force on Defense Reform appointed by the Secretary 
of Defense on May 14, 1997. 
(9) Any additional information and recommendations the 
Secretary considers appropriate. 
(c) MARKET RESEARCH.—In carrying out the study, the Sec-
retary shall conduct market research to determine whether or not 
an efficient and competitive domestic market for finance and 
accounting services exists. In conducting that research, the Sec-
retary shall consider whether the domestic market for finance and 
accounting services could be reasonably expected to generate respon-
sive private sector competitors for the provision of the finance 
and accounting services, or a portion of such services, of the Depart-
ment of Defense and whether there are any substantial barriers 
to entry or expansion in that market. In conducting such research, 
the Secretary shall consider not only the current state of the domes-
tic market for finance and accounting services, but also the potential 
effects that the entry of the Department of Defense as a large, 
long-term consumer of such services might have on that market. 
SEC. 914. LIMITATION ON REORGANIZATION AND CONSOLIDATION OF 
OPERATING LOCATIONS OF THE DEFENSE FINANCE AND 
ACCOUNTING SERVICE. 
(a) LIMITATION.—^The Secretary of Defense may not close any 
operating location of the Defense Finance and Accounting Service 
before the date that is 90 days after the date on which the Secretary 
submits to the Committee on Armed Services of the Senate and 
the Committee on National Security of the House of Representatives 
the plan required by subsection (b). 
(b) PLAN REQUIRED.—^The Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a strategic 
plan for improving the financial management operations at each 
of the operating locations of the Defense Finance and Accounting 
Service. 
(c) CONTENT OF PLAN.—^The plan shall include the following: 
(1) The workloads that it is necessary to perform at those 
operating locations each fiscal year. 
(2) The capacity and number of operating locations that 
are necessary for performing those workloads. 
(3) A discussion of the costs and benefits that could result 
from reorganizing the operating locations of the Defense 
Finance and Accounting Service on the basis of function per-
formed, together with the Secretary's assessment of the feasibil-
ity of carrying out such a reorganization. 
(d) SUBMITTAL OF PLAN.—The plan shall be submitted to the 
Committee on Armed Services of the Senate and the Committee 
on National Security of the House of Representatives not later 
than January 15,1999. 
SEC. 915. ANNUAL REPORT ON RESOURCES ALLOCATED TO SUPPORT 
AND MISSION ACTIVITIES. 
(a) REQUIREMENT.—Section 113 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(1) The Secretary shall include in the annual report to Congress 
under subsection (c) the following: 
112 STAT. 2102 
PUBLIC LAW 105-261—OCT. 17, 1998 
Records. 
Deadline. 
10 use 113 note. 
"(1) A comparison of the amounts provided in the defense 
budget for support and for mission activities for each of the 
preceding five fiscal years. 
"(2) A comparison of the number of military and civilian 
personnel, shown by major occupational category, assigned to 
support positions and to mission positions for each of the 
preceding five fiscal years. 
"(3) An accounting, shown by service and by major occupa-
tional category, of the number of military and civilian personnel 
assigned to support positions during each of the preceding 
five fiscal years. 
"(4) A listing of the number of military and civilian person-
nel assigned to management headquarters and headquarters 
support activities as a percentage of military end-strength for 
each of the preceding five fiscal years.". 
(b) REPORT ON TERMINOLOGY.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representa-
tives a report setting forth the definitions of the terms "support" 
and "mission" that the Secretary proposes to use for purposes 
of the report requirement under section 113(1) of title 10, United 
States Code, as added by subsection (a). 
Subtitle C-^oint Warfighting 
Experimentation 
10 use 485 note. 
SEC. 921. FINDINGS CONCERNING JOINT WARFIGHTING EXPERIMEN-
TATION. 
Congress makes the following findings: 
(1) The assessments of the Quadrennial Defense Review 
and 
the National 
Defense 
Panel 
provide a 
compelling 
argument— 
(A) that the security environment in the early 21st 
century will include fundamentally different military chal-
lenges than the security environment in the late 20th cen-
tury; and 
(B) reinforce the premise of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 that 
future warfare will require more effective joint operational 
concepts. 
(2) Joint experimentation is necessary for— 
(A) integrating advances in technology with changes 
in organizational structure and joint operational concepts; 
and 
(B) determining the interdependent aspects of joint 
warfare that are key for transforming the conduct of mili-
tary operations to meet future challenges successfully. 
(3) It is essential that an energetic and innovative organiza-
tion be established in the Department of Defense with the 
authority (subject to the authority and guidance of the Sec-
retary of Defense and Chairman of the Joint Chiefs of Staff) 
to design and implement a process of joint experimentation 
to investigate and test technologies and alternative forces and 
concepts in field environments under realistic conditions 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2103 
against the full range of future challenges to assist in develop-
ing and validating new joint wai^ghting concepts 
and 
transforming the Araied Forces to meet the threats to national 
security anticipated for the early 21st century. 
SEC. 922. SENSE OF CONGRESS CONCERNING JOINT WARFIGHTING 
10 USC 485 note. 
EXPERIMENTATION. 
(a) DESIGNATION OF COMMANDER TO HAVE JOINT WARFIGHTING 
EXPERIMENTATION MISSION.—It is the sense of Congress that the 
initiative of the Secretary of Defense to designate the commander 
of a combatant command to have the mission of joint warfighting 
experimentation is a key step in exploiting the potential of advanced 
technologies, new organizational structures, and new joint oper-
ational concepts to transform the conduct of military operations 
by the Armed Forces. 
(b) RESOURCES AND AUTHORITY OF COMMANDER.—It is, further, 
the sense of Congress that the commander of the combatant com-
mand referred to in subsection (a) should be provided with appro-
priate and sufficient resources for joint warfighting experimentation 
and with the appropriate authority to execute the commander's 
assigned responsibilities and that such authority should include 
the following: 
(1) Planning, preparing, and conducting the program of 
joint warfighting experimentation, which program 
should 
include 
analyses, 
simulations, 
wargames, 
experiments, 
advanced concept technology demonstrations, joint exercises 
conducted in virtual and field environments, and, as a particu-
larly critical aspect, assessments of "red team" vulnerability. 
(2) Developing scenarios and measures of effectiveness to 
meet the operational challenges expected to be encountered 
in the early 21st century and assessing the effectiveness of 
current and new organizational structures, operational con-
cepts, and technologies in addressing those challenges. 
(3) Integrating and testing in joint experimentation the 
systems and concepts that result from warfighting experimen-
tation conducted by the Armed Forces and the Defense Agen-
cies. 
(4) Coordinating with each of the Armed Forces and 
Defense Agencies regarding the development and acquisition 
of equipment (including surrogate or real technologies, plat-
forms, and systems), supplies, and services necessary for joint 
experimentation. 
(5) Providing the Secretary of Defense and the Chairman 
of the Joint Chiefs of Staff" with recommendations, based on 
the conduct of 
joint warfighting experimentation, for— 
(A) improving interoperability; 
(B) reducing unnecessary redundancy; 
(C) synchronizing technology fielding; 
(D) developing joint operational concepts; 
(E) prioritizing the most promising joint capabilities 
for fiiture experimentation; and 
(F) prioritizing joint requirements and acquisition pro-
grams. 
(6) Making recommendations to the Chairman of the Joint 
Chiefs of Staff on mission needs statements and operational 
requirements documents. 
112 STAT. 2104 
PUBLIC LAW 105-261—OCT. 17, 1998 
(c) CONGRESSIONAL REVIEW.—It is, further, the sense of Con-
gress that Congress— 
(1) should review the adequacy of the process of trans-
formation to meet future challenges to the national security; 
and 
(2) if progress is determined inadequate, should consider 
legislation to— 
(A) establish an appropriate organization to conduct 
the mission described in subsection (a); and 
(B) provide to the commander given the responsibility 
for that mission appropriate and sufficient resources for 
joint warfighting experimentation and the appropriate 
authority to execute that commander's assigned responsibil-
ities for that mission, including the authorities specified 
in subsection (b). 
10 u s e 485 note. 
SEC. 923. REPORTS ON JOINT WARFIGHTING EXPERIMENTATION. 
(a) INITIAL REPORT.—(1) The commander of the combatant com-
mand assigned by the Secretary of Defense to have the mission 
for joint warfighting experimentation shall submit to the Secretary 
an initial report on the implementation of joint experimentation. 
Deadline. 
Not later than April 1, 1999, the Secretary shall submit that report, 
together with any comments that the Secretary considers appro-
priate and any comments that the Chairman of the Joint Chiefs 
of Staff considers appropriate, to the Committee on Armed Services 
of the Senate and the Committee on National Security of the 
House of Representatives. 
(2) The report of the commander under paragraph (1) shall 
include the commander's assessment of the following: 
(A) The authority and responsibilities of the commander 
as described in section 922(b). 
(B) The organization of the commander's combatant com-
mand, and of its staff, for carrying out the joint warfighting 
experimentation mission. 
(C) The process established for tasking forces to participate 
in experimentation and the commander's specific authority over 
those forces, including forces designated as joint experimen-
tation forces. 
(D) The resources provided for initial implementation of 
joint warfighting experimentation, the process for providing 
those resources to the commander, the categories of the funding, 
and the authority of the commander for budget execution. 
(E) The process established for the development and 
acquisition of the materiel, supplies, services, and equipment 
necessary for the conduct of joint warfighting experimentation. 
(F) The process established for designing, preparing, and 
conducting joint experiments. 
(G) The role assigned the commander for— 
(i) integrating 
and 
testing 
in joint 
warfighting 
experimentation the systems that emerge from warfighting 
experimentation by the Armed Forces or the Defense Agen-
cies; 
(ii) assessing the effectiveness of organizational struc-
tures, operational concepts, and technologies; and 
(iii) assisting the Secretary of Defense and Chairman 
of the Joint Chiefs of Stafi" to prioritize requirements or 
acquisition programs. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2105 
(b) ANNUAL REPORT.—(1) Chapter 23 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 485. Joint warfighting experimentation 
"(a) ANNUAL REPORT.—^The commander of the combatant com-
mand assigned by the Secretary of Defense to have the mission 
for joint warfighting experimentation shall submit to the Secretary 
an annual report on the conduct of joint experimentation activities 
for the fiscal year ending in the year of the report. Not later Deadline, 
than December 1 of each year, the Secretary shall submit that 
report, together with any comments that the Secretary considers 
appropriate and any comments that the Chairman of the Joint 
Chiefs of Staff considers appropriate, to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives. 
"(b) MATTERS TO B E INCLUDED.—^Each report under this section 
shall include, for the fiscal year covered by the report, the following: 
"(1) Any changes in the assessments of the matters 
described in section 923(a)(2) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 since the 
preparation of the assessments of those matters set forth in 
the latest report submitted under this section. 
"(2) A description of the conduct of joint experimentation 
activities, including the number of activities, the forces 
involved, the national security challenges addressed, the oper-
ational concepts assessed, and the scenarios and measures of 
effectiveness used. 
"(3) An assessment of the results of joint warfighting 
experimentation within the Department of Defense. 
"(4) With respect to joint warfighting experimentation, any 
recommendations that the commander considers appropriate 
regarding— 
"(A) the development or acquisition of advanced tech-
nologies; 
"(B) changes in organizational structure, operational 
concepts, or joint doctrine; 
"(C) the conduct of experiments; 
"(D) the adequacy of resources; or 
"(E) changes in authority of the commander to develop 
or acquire materiel, supplies, services, or equipment 
directly for the conduct of joint warfighting experimen-
tation.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"485. Joint warfighting experimentation.". 
(c) FIRST ANNUAL REPORT.—The first report under section 485 
of title 10, United States Code, as added by subsection (b), shall 
be made with respect to fiscal year 1999. In the case of the report 
under that section for fiscal year 1999, the reference in subsection 
(b)(1) of that section to the most recent report under that section 
shall be treated as referring to the report under subsection (a) 
of this section. 
112 STAT. 2106 
PUBLIC LAW 105-261—OCT. 17, 1998 
Subtitle D—Other Matters 
SEC. 931. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND SUP-
PORT WORKFORCE. 
(a) 
REDUCTION 
OF 
DEFENSE 
ACQUISITION 
AND SUPPORT 
WORKFORCE.—^The Secretary of Defense shall accomplish reductions 
in defense acquisition and support personnel positions during fiscal 
year 1999 so that the total number of such personnel as of October 
1, 1999, is less than the total number of such personnel as of 
October 1, 1998, by at least the applicable number determined 
under subsection (b). 
(b) REQUIRED REDUCTION.—(1) The applicable number for pur-
poses of subsection (a) is 25,000. However, the Secretary of Defense 
may specify a lower number, which may not be less than 12,500, 
as the applicable number for purposes of subsection (a) if the 
Secretary determines, and certifies to Congress not later than May 
1, 1999, that an applicable number greater than the number speci-
fied by the Secretary would be inconsistent with the cost-effective 
management of the defense acquisition system to obtain best value 
equipment and with ensuring military readiness. 
(2) The Secretary shall include with such a certification a 
report setting forth a detailed explanation of each of the matters 
certified. The report shall include— 
(A) a detailed explanation of all matters incorporated in 
the Secretary's determination; 
(B) a definition of the components of the defense acquisition 
and support positions; and 
(C) the allocation of the reductions under this section 
among the occupational elements of those positions. 
(3) The authority of the Secretary under paragraph (1) may 
only be delegated to the Deputy Secretary of Defense. 
(c) 
LIMITATION 
ON 
REDUCTION 
OF 
CORE 
ACQUISITION 
WORKFORCE.—^The Secretary shall implement this section so that 
the core defense acquisition workforce identified by the Secretary 
in the report submitted pursuant to section 912(b) of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1860) is reduced proportionally no more than the 
other occupational elements included as defense acquisition and 
support positions in that report. 
(d) DEFENSE ACQUISITION AND SUPPORT PERSONNEL DEFINED.— 
For purposes of this section, the term "defense acquisition and 
support personnel" means military and civilian personnel (other 
than civilian personnel who are employed at a maintenance depot) 
who are assigned to, or employed in, acquisition organizations of 
the Department of Defense (as specified in Department of Defense 
Instruction numbered 5000.58 dated January 14, 1992), and any 
other organizations which the Secretary may determine to have 
a predominantly acquisition mission. 
SEC 932. LIMITATION ON OPERATION AND SUPPORT FUNDS FOR THE 
OFFICE O F THE SECRETARY OF DEFENSE. 
Of the amount available for fiscal year 1999 for operation 
and support activities of the Office of the Secretary of Defense, 
not more than 90 percent may be obligated until each of the follow-
ing reports has been submitted: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2107 
(1) The report required to be submitted to the congressional 
defense committees by section 904(b) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
110 Stat. 2619). 
(2) The reports required to be submitted to Congress by 
sections 911(b) and 911(c) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1858, 
1859). 
SEC. 933. CLARIFICATION AND SIMPLIFICATION OF RESPONSIBIUTIES 
OF 
INSPECTORS 
GENERAL 
REGARDING 
WHISTLE-
BLOWER PROTECTIONS. 
(a) ROLES OF INSPECTORS GENERAL OF THE ARMED FORCES.— 
(1) Subsection (c) of section 1034 of title 10, United States Code, 
is amended— 
(A) by striking out paragraph (1) and inserting in lieu 
thereof the following: 
"(1) If a member of the armed forces submits to an Inspector 
General an allegation that a personnel action prohibited by sub-
section (b) has been taken (or threatened) against the member 
with respect to a communication described in paragraph (2), the 
Inspector General shall take the action required under paragraph 
(3)."; and 
(B) by striking out paragraph (3) and inserting in lieu 
thereof the following: 
"(3)(A) An Inspector General receiving an allegation 
as 
described in paragraph (1) shall expeditiously determine whether 
there is sufficient evidence to warrant an investigation of the allega-
tion. 
"(B) If the Inspector General receiving such an allegation is 
an Inspector General within a military department, that Inspector 
General shall promptly notify the Inspector (Jeneral of the Depart-
ment of Defense of the allegation. Such notification shall be made 
in accordance with regulations prescribed under subsection (h), 
"(C) If an allegation under paragraph (1) is submitted to an 
Inspector General within a military department and if the deter-
mination of that Inspector Greneral under subparagraph (A) is that 
there is not sufficient evidence to warrant an investigation of the 
allegation, that Inspector General shall forward the matter to the 
Inspector Greneral of the Department of Defense for review. 
"(D) Upon determining that an investigation of an allegation 
under paragraph (1) is warranted, the Inspector General making 
the determination shall expeditiously investigate the allegation. 
In the case of a determination made by the Inspector General 
of the Department of Defense, that Inspector General may delegate 
responsibility for the investigation to an appropriate Inspector Gen-
eral witMn a military department. 
"(E) In the case of an investigation under subparagraph (D) 
within the Department of Defense, the results of the investigation 
shall be determined by, or approved by, the Inspector General 
of the Department of Defense (regardless of whether the investiga-
tion itself is conducted by the Inspector General of the Department 
of Defense or by an Inspector General within a military depart-
ment). 
"(4) Neither an initial determination under paragraph (3XA) 
nor an investigation under paragraph (3XD) is required in the 
case of an allegation made more than 60 days after the date 
112 STAT. 2108 
PUBLIC LAW 105-261—OCT. 17, 1998 
on which the member becomes aware of the personnel action that 
is the subject of the allegation. 
"(5) The Inspector General of the Department of Defense, or 
the Inspector General of the Department of Transportation (in 
the case of a member of the Coast Guard when the Coast Guard 
is not operating as a service in the Navy), shall ensure that the 
Inspector Greneral conducting the investigation of an allegation 
under this subsection is outside the immediate chain of command 
of both the member submitting the allegation and the individual 
or individuals alleged to have taken the retaliatory action.". 
10 use 1034. 
(2) Subsection (d) of such section is amended— 
(A) by inserting "receiving the allegation" after "the Inspec-
tor General" the first place it appears; and 
(B) by adding at the end the following: "In the case of 
an allegation received by the Inspector Greneral of the Depart-
ment of Defense, the Inspector General may delegate that 
responsibility to the Inspector General of the armed force con-
cerned.". 
(b) 
MISMANAGEMENT COVERED BY PROTECTED COMMUNICA-
TIONS.—Subsection (c)(2)(B) of such section is amended by striking 
out "Mismanagement" and inserting in lieu thereof "Gross mis-
management". 
(c) SIMPLIFIED REPORTING AND NOTICE REQUIREMENTS.—(1) 
Paragraph (1) of subsection (e) of such section is amended— 
(A) by striking out "Not later than 30 days after completion 
of an investigation under subsection (c) or (d)," and inserting 
in lieu thereof "After completion of an investigation under 
subsection (c) or (d) or, in the case of an investigation under 
subsection (c) by an Inspector General within a military depart-
ment, after approval of the report of that investigation under 
subsection (c)(3)(E)," 
(B) by striking out "the Inspector Greneral shall submit 
a report on" and inserting in lieu thereof "the Inspector Greneral 
conducting the investigation shall submit a report on"; 
(C) by inserting "shall transmit a copy of the report on 
the results of the investigation to" before "the member of the 
armed forces"; and 
Deadline. 
(D) by adding at the end the following new sentence: "The 
report shall be transmitted to the Secretary, and the copy 
of the report shall be transmitted to the member, not later 
than 30 days after the completion of the investigation or, in 
the case of an investigation under subsection (c) by an Inspector 
General within a military department, after approval of the 
report of that investigation under subsection (c)(3)(E).". 
(2) Paragraph (2) of such subsection is amended— 
(A) by striking out "submitted" after "In the copy of the 
report" and inserting in lieu thereof "transmitted"; and 
(B) by adding at the end the following new sentence: "How-
ever, the copy need not include summaries of interviews con-
ducted, nor any document acquired, during the course of the 
investigation. Such items shall be transmitted to the member, 
if the member requests the items, with the copy of the report 
or after the transmittal to the member of the copy of the 
report, regardless of whether the request for those items is 
made before or after the copy of the report is transmitted 
to the member.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2109 
(3) Paragraph (3) of such subsection is amended by striking 
out "90 days" and inserting in lieu thereof "180 days". 
(d) REPEAL OF POST-INVESTIGATION INTERVIEW REQUIREMENT.— 
Subsection (h) of such section is repealed. 
(e) DEFINITION OF INSPECTOR GENERAL DEFINED.—Subsection 
(j)(2) of such section is amended— 
(1) by redesignating subparagraph (B) as subparagraph 
(G) and, in that subparagraph, by striking out "an officer" 
and inserting in lieu thereof "An officer"; 
(2) by striking out subparagraph (A) and inserting in lieu 
thereof the following: 
"(A) The Inspector General of the Department of 
Defense. 
"(B) The Inspector General of the Department of 
Transportation, in the case of a member of the Coast Guard 
when the Coast Guard is not operating as a service in 
the Navy. 
"(C) The Inspector General of the Army, in the case 
of a member of the Army. 
"(D) The Naval Inspector Greneral, in the case of a 
member of the Navy. 
"(E) The Inspector General of the Air Force, in the 
case of a member of the Air Force. 
"(F) The Deputy Naval Inspector General for Marine 
Corps Matters, in the case of a member of the Marine 
Corps."; and 
(3) in the matter preceding subparagraph (A), by striking 
out "means—" and inserting in lieu thereof "means the follow-
ing:". 
(f) 
TECHNICAL AND CONFORMING 
AMENDMENTS.—(1) Sub-
sections (i) and (j) of such section are redesignated as subsections 
(h) and (i), respectively. 
(2) Subsection (b)( l)(B)(ii) of such section is amended by striking 
out "subsection (j))" and inserting in lieu thereof "subsection (i)) 
or any other Inspector (jeneral appointed under the Inspector Gen-
eral Act of 1978". 
SEC. 934. REPEAL OF REQUIREMENT RELATING TO ASSIGNMENT OF 
TACTICAL AIRUFT MISSION TO RESERVE COMPONENTS. 
Section 1438 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1689), as amended 
by section 1023 of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1460), 
is repealed. 
SEC. 935. CONSULTATION WITH MARINE CORPS ON MAJOR DECISIONS 
DIRECTLY CONCERNING MARINE CORPS AVIATION. 
(a) IN GENERAL.—Chapter 503 of title 10, United States Code, 
is amended by adding at the end the following new section: 
^§ 5026. Consultation with Commandant of the Marine Corps 
on msyor decisions directly concerning Marine 
Corps aviation 
"The Secretary of the Navy shall ensure that the views of 
the Commandant of the Marine Corps are given appropriate consid-
eration before a major decision is made by an element of the 
Department of the Navy outside the Marine Corps on a matter 
that directly concerns Marine Corps aviation.". 
112 STAT. 2110 
PUBLIC LAW 105-261—OCT. 17, 1998 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"5026. 
Consultation 
with 
Commandant 
of the Marine 
Corps on 
major 
decisions directly concerning Marine Corps aviation.". 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003. Authorization of prior emergency supplemental appropriations for fiscal 
year 1998. 
Sec. 1004. Authorization of appropriations for Bosnia peacekeeping operations for 
fiscal year 1999. 
Sec. 1005. Partnership for Peace Information Management System. 
Sec. 1006. United States contribution to NATO common-funded budgets in fiscal 
year 1999. 
Sec. 1007. Liquidity of working-capital funds. 
Sec. 1008. Termination of authority to manage working-capital funds and certain 
activities tiirough the Defense Business Operations Fund. 
Sec. 1009. Clarification of authority to retain recovered costs of disposals in work-
ing-capital funds. 
Sec. 1010. Crediting of amounts recovered from third parties for loss or damage to 
personal property shipped or stored at Government expense. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1011. Revision to requirement for continued listing of two Iowa-class battle-
ships on the Naval Vessel Register. 
Sec. 1012. Transfer of U.S.S. NEW JERSEY. 
Sec. 1013. Homeporting of the U.S.S. IOWA in San Francisco, California. 
Sec. 1014. Sense of Congress concerning the naming of an LPD-17 vessel. 
Sec. 1015. Reports on naval surface fire-support capabilities. 
Sec. 1016. Long-term charter of three vessels in support of submarine rescue, escort, 
and towing. 
Sec. 1017. Transfer of obsolete Army tugboat. 
Subtitle C—Counter-Drug Activities and Other Assistance for Civilian Law 
Enforcement 
Sec. 1021. Department of Defense support to other agencies for counter-drug activi-
ties. 
Sec. 1022. Department of Defense support of National Guard drug interdiction and 
counter-drug activities. 
Sec. 1023. Department of Defense counter-drug activities in transit zone. 
Subtitle D—^Miscellaneous Report Requirements and Repeals 
Sec. 1031. Repeal of unnecessary and obsolete reporting provisions. 
Sec. 1032. Report regarding use of tagging system to identify hydrocarbon fuels used 
by Department of Defense. 
Subtitle E—Armed Forces Retirement Home 
Sec. 1041. Appointment of Director and Deputy Director of the Naval Home. 
Sec. 1042. Revision of inspection requirements relating to Armed Forces Retirement 
Home. 
Sec. 1043. Clarification of land conveyance authority. Armed Forces Retirement 
Home. 
Subtitle F—^Matters Relating to Defense Property 
Sec. 1051. Plan for improved demilitarization of excess and surplus defense prop-
erty. 
Sec. 1052. Transfer of F-4 Phantom II aircraft to foundation. 
Subtitle G—Other Department of Defense Matters 
Sec. 1061. Pilot program on alternative notice of receipt of legal process for garnish-
ment of Federal pay for child support and alimony. 
Sec. 1062. Training of special operations forces with friendly foreign forces. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2111 
Sec. 1063. Research grants competitively awarded to service academies. 
Sec. 1064. Department of Defense use of frequency spectrum. 
Sec. 1065. Department of Defense aviation accident investigations. 
Sec. 1066. Investigation of actions relating to 174th Fighter Wing of New York Air 
National Guard. 
Sec. 1067. Program to commemorate 50th anniversary of the Korean War. 
Sec. 1068. Designation of America's National Maritime Museum. 
Sec. 1069. Technical and clerical amendments. 
Subtitle H—Other Matters 
Sec. 1071. Act constituting presidential approval of vessel war risk insurance 
requested by the Secretary of Defense. 
Sec. 1072. Extension and reauthorization of Defense Production Act of 1950. 
Sec. 1073. Requirement that biuial flags furnished by the Secretary of Veterans Af-
fairs be wholly produced in the United States. 
Sec. 1074. Sense of Congress concerning tax treatment of principal residence of 
members of Armed Forces while away from home on active duty. 
Sec. 1075. Clarification of State authority to tax compensation paid to certain em-
ployees. 
Subtitle A—Financial Matters 
SEC.lOOl. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in 
this division for fiscal year 1999 between any such authorizations 
for that fiscal year (or any subdivisions thereof). Amounts of 
authorizations so transferred shall be merged with and be available 
for the same purposes as the authorization to which transferred. 
(2) The total amount of authorizations that the Secretary may 
transfer under the authority of this section may not exceed 
$2,000,000,000. 
(b) LIMITATIONS.—^The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.^A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
SEC. 1002. I N C O R P O R A T I O N OF CLASSIFIED ANNEX. 
10 USC 114 note. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompany the conference 
report on the bill H.R. 3616 of the One Hundred Fifth Congress 
and transmitted to the President is hereby incorporated into this 
Act. 
(b) 
CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The 
amounts specified in the Classified Annex are not in addition to 
amounts authorized to be appropriated by other provisions of this 
Act. 
112 STAT. 2112 
PUBLIC LAW 105-261—OCT. 17, 1998 
(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able for a program, project, or activity referred to in the Classified 
Annex may only be expended for such program, project, or activity 
in accordance with such terms, conditions, limitations, restrictions, 
and requirements as are set out for that program, project, or activity 
in the Classified Annex. 
President. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall 
provide for appropriate distribution of the Classified Annex, or 
of appropriate portions of the annex, within the executive branch 
of the Government. 
SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL 
APPROPRIATIONS FOR FISCAL YEAR 1998. 
Amounts authorized to be appropriated to the Department of 
Defense for fiscal year 1998 in the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85) are hereby adjusted, 
with respect to any such authorized amount, by the amount by 
which appropriations pursuant to such authorization were increased 
(by a supplemental appropriation) or decreased (by a rescission), 
or both, in the 1998 Supplemental Appropriations and Rescissions 
Act (Public Law 105-174). 
SEC. 1004. AUTHORIZATION OF APPROPRIATIONS FOR BOSNIA PEACE-
KEEPING OPERATIONS FOR FISCAL YEAR 1999. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 1999 for incremental costs of the Armed Forces for 
Bosnia 
peacekeeping 
operations 
in 
the 
total 
amount 
of 
$1,858,600,000, as follows: 
(1) For military personnel, in addition to the amounts 
authorized to be appropriated in title IV of this Act: 
(A) For the Army, $297,700,000. 
(B) For the Navy, $9,700,000. 
(C) For the Marine Corps, $2,700,000. 
(D) For the Air Force, $33,900,000. 
(E) For the Naval Reserve, $2,200,000. 
(2) For operation and maintenance for the Overseas Contin-
gency Operations Transfer Fund, in addition to the total 
amount authorized to be appropriated for that fund in section 
301(24) of this Act, $1,512,400,000. 
(b) DESIGNATION AS EMERGENCY.—Funds authorized to be 
appropriated in accordance with subsection (a) are designated as 
emergency requirements pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 901(b)(2)(A)). 
(c) LIMITATION.—(1) Funds available for the Department of 
Defense for fiscal year 1999 for military personnel for the Army, 
Navy, Marine Corps, Air Force, or Naval Reserve or for operation 
and maintenance for the Overseas Contingency Operations Transfer 
Fund may not be obligated or expended for Bosnia peacekeeping 
operations in excess of the amount authorized to be appropriated 
for that purpose under subsection (a). 
(2) The President may waive the limitation in paragraph (1) 
after submitting to Congress the following: 
(A) The President's written certification that the waiver 
is necessary in the national security interests of the United 
States. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2113 
(B) The President's written certification that exercising 
the waiver will not adversely affect the readiness of United 
States military forces. 
(C) A report setting forth the following: 
(i) The reasons that the waiver is necessary in the 
national security interests of the United States. 
(ii) The specific reasons that additional funding is 
required for the continued presence of United States mili-
tary forces participating in, or supporting, Bosnia peace-
keeping operations for fiscal year 1999. 
(iii) A discussion of the impact on the military readi-
ness of United States Armed Forces of the continuing 
deployment of United States military forces participating 
in, or supporting, Bosnia peacekeeping operations. 
(D) A supplemental appropriations request for the Depart-
ment of Defense for such amounts as are necessary for the 
additional fiscal year 1999 costs associated with United States 
military forces participating in, or supporting, Bosnia peace-
keeping operations. 
(d) TRANSFER AUTHORITY.—^The Secretary of Defense may 
transfer amounts of authorizations made available to the Depart-
ment of Defense in subsection (a)(2) for fiscal year 1999 to any 
of the authorizations for that fiscal year in section 301. Amounts 
of authorizations so transferred shall be merged with and be avail-
able for the same purposes as the authorization to which trans-
ferred. The transfer authority under this subsection is in addition 
to any other transfer authority provided in this Act. 
(e) BOSNIA PEACEKEEPING OPERATIONS DEFINED.—For the pur-
poses of this section, the term "Bosnia peacekeeping operations"— 
(1) means the operation designated as Operation Joint 
Forge and any other operation involving the participation of 
any of the Armed Forces in peacekeeping or peace enforcement 
activities in and around the Republic of Bosnia and 
Herzegovina; and 
(2) includes, with respect to Operation Joint Forge or any 
such other operation, each activity that is directly related to 
the support of the operation. 
SEC. 1005. PARTNERSfflP FOR PEACE INFORMATION SYSTEM MANAGE-
MENT. 
Funds authorized to be appropriated under titles II and III 
of this Act shall be available for the Partnership for Peace Informa-
tion Management System as follows: 
(1) Of the amount authorized to be appropriated under 
section 201(4) for Defense-wide activities, $2,000,000. 
(2) Of the amount authorized to be appropriated under 
section 301(5) for Defense-wide activities, $3,000,000. 
SEC. 1006. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
BUDGETS IN FISCAL YEAR 1999. 
(a) FISCAL YEAR 1999 LIMITATION:—The total amount contrib-
uted by the Secretary of Defense in fiscal year 1999 for the common-
funded budgets of NATO may be any amount up to, but not in 
excess of, the amount specified in subsection (b) (rather than the 
maximum amount that would otherwise be applicable to those 
contributions under the fiscal year 1998 baseline limitation). 
(b) TOTAL AMOUNT.—^The amount of the limitation applicable 
under subsection (a) is the sum of the following: 
112 STAT. 2114 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) The amounts of unexpended balances, as of the end 
of fiscal year 1998, of funds appropriated for fiscal years before 
fiscal year 1999 for payments for those budgets. 
(2) The amount authorized to be appropriated under section 
301(1) that is available for contributions for the NATO common-
funded military budget under section 314. 
(3) The amount authorized to be appropriated under section 
201 that is available for contribution for the NATO common-
funded civil budget under section 243. 
(4) The total amount of the contributions authorized to 
be made under section 2501. 
(c) DEFINITIONS.—For purposes of this section: 
(1) COMMON-FUNDED BUDGETS OF NATO.—^The term "com-
mon-funded budgets of NATO" means the Military Budget, 
the Security Investment Program, and the Civil Budget of 
the North Atlantic Treaty Organization (and any successor 
or additional account or program of NATO). 
(2) FISCAL YEAR I998 BASELINE LIMITATION.—The term "fis-
cal year 1998 baseline limitation" means the maximum annual 
amount of Department of Defense contributions for common-
funded budgets of NATO that is set forth as the annual limita-
tion in section 3(2)(C)(ii) of the resolution of the Senate giving 
the advice and consent of the Senate to the ratification of 
the Protocols to the North Atlantic Treaty of 1949 on the 
Accession of Poland, Hungary, and the Czech Republic (as 
defined in section 4(7) of that resolution), approved by the 
Senate on April 30,1998. 
SEC. 1007. LIQUIDITY OF WORKING-CAPITAL FUNDS. 
(a) INCREASED CASH BALANCES.—^The Secretary of Defense shall 
administer the working-capital funds of the Department of Defense 
during fiscal year 1999 so as to ensure that the total amount 
of the cash balances in such funds on September 30, 1999, exceeds 
the total amount of the cash balances in such funds on September 
30, 1998, by $1,300,000,000. 
(b) ACTIONS REGARDING UNBUDGETED LOSSES.—The Under Sec-
retary of Defense (Comptroller) shall take such actions regarding 
unbudgeted losses for the working-capital funds as may be nec-
essary in order to ensure that such unbudgeted losses do not pre-
clude the Secretary of Defense from achieving the increase in cash 
balances in working-capital funds required under subsection (a). 
(c) WAIVER.—(1) The Secretary of Defense may waive the 
requirements of this section upon certifying to Congress, in writing, 
that the waiver is necessary to meet requirements associated with— 
(A) a contingency operation (as defined in section 101(a)(13) 
of title 10, United States Code); or 
(B) an operation of the Armed Forces that commenced 
before October 1, 1998, and continues during fiscal year 1999. 
(2) The waiver authority under paragraph (1) may not be dele-
gated to any official other than the Deputy Secretary of Defense. 
(3) The waiver authority under paragraph (1) does not apply 
to the limitation in subsection (d) or the limitation in section 
2208(1)(3) of title 10, United States Code (as added by subsection 
(e)). 
(d) FISCAL YEAR 1999 
LIMITATION ON ADVANCE BILLINGS.— 
(1) The total amount of the advance billings rendered or imposed 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2115 
for the working-capital funds of the Department of Defense and 
the Defense Business Operations Fund in fiscal year 1999— 
(A) for the Department of the Navy, may not exceed 
$400,000,000; and 
(B) for the Department of the Air Force, may not exceed 
$400,000,000. 
(2) In paragraph (1), the term "advance billing" has the meaning 
given such term in section 2208(1) of title 10, United States Code. 
(e) PERMANENT LIMITATION ON ADVANCE BILLINGS.—(1) Section 
2208(1) of title 10, United States Code, is amended— 
(A) by redesignating paragraph (3) as paragraph (4); and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
"(3) The total amount of the advance billings rendered or 
imposed for all working-capital funds of the Department of Defense 
in a fiscal year may not exceed $ 1,000,000,000.". 
(2) Section 2208(1)(3) of such title, as added by paragraph 
(1), applies to fiscal years after fiscal year 1999. 
(f) SEMIANNUAL REPORT.—(1) The Under Secretary shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives— 
(A) not later than May 1, 1999, a report on the administra-
tion of this section for the six-month period ending on March 
31,1999; and 
(B) not later than November 1, 1999, a report on the 
administration of this section for the six-month period ending 
on September 30, 1999. 
(2) Each report shall include, for the period covered by the 
report, the following: 
(A) The profit and loss status of each working-capital fund 
activity. 
(B) The actions taken by the Secretary of each military 
department to use assessments of surcharges to correct for 
unbudgeted losses. 
SEC. 1008. TERMINATION OF AUTHORITY TO MANAGE WORKING-CAP-
ITAL FUNDS AND CERTAIN ACTIVITIES THROUGH THE 
DEFENSE BUSINESS OPERATIONS FUND. 
(a) REVISION OF CERTAIN D B O F PROVISIONS AND REENACTMENT 
To APPLY TO WORKING-CAPITAL FUNDS GENERALLY.—Section 2208 
of title 10, United States Code, is amended by adding at the end 
the following: 
"(m) CAPITAL ASSET SUBACCOUNTS.—Amounts charged 
for 
depreciation of capital assets shall be credited to a separate capital 
asset subaccount established within a working-capital fund. 
"(n) SEPARATE ACCOUNTING, REPORTING, AND AUDITING OF 
FUNDS AND ACTIVITIES.—The Secretary of Defense, with respect 
to the working-capital funds of each Defense Agency, and the Sec-
retary of each military department, with respect to the working-
capital funds of the military department, shall provide for separate 
accounting, reporting, and auditing of funds and activities managed 
through the working-capital funds. 
"(o) CHARGES FOR GOODS AND SERVICES PROVIDED THROUGH 
THE FUND.—(1) Charges for goods and services provided for an 
activity through a working-capital fund shall include the following: 
"(A) Amounts necessary to recover the full costs of the 
goods and services provided for that activity. 
Applicability. 
10 use 2208 
note. 
Deadlines. 
112 STAT. 2116 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(B) Amounts for depreciation of capital assets, set in 
accordance with generally accepted accounting principles. 
"(2) Charges for goods and services provided through a working-
capital fund may not include the following: 
"(A) Amounts necessary to recover the costs of a military 
construction project (as defined in section 2801(b) of this title), 
other than a minor construction project financed by the fund 
pursuant to section 2805(c)(1) of this title. 
"(B) Amounts necessary to cover costs incurred in connec-
tion with the closure or realignment of a military installation. 
"(C) Amounts necessary to recover the costs of functions 
designated by the Secretary of Defense as mission critical, 
such as ammunition handling safety, and amounts for ancillary 
tasks not directly related to the mission of the function or 
activity managed through the fund. 
"(p) PROCEDURES FOR ACCUMULATION OF FUNDS.—^The Sec-
retary of Defense, with respect to each working-capital fund of 
a Defense Agency, and the Secretary of a military department, 
with respect to each working-capital fund of the military depart-
ment, shall establish billing procedures to ensure that the balance 
in that working-capital fund does not exceed the amount necessary 
to provide for the working-capital requirements of that fund, as 
determined by the Secretary. 
"(q) ANNUAL REPORTS AND BUDGET.—The Secretary of Defense, 
with respect to each working-capital fund of a Defense Agency, 
and the Secretary of each military department, with respect to 
each working-capital fund of the military department, 
shall 
annually submit to Congress, at the same time that the President 
submits the budget under section 1105 of title 31, the following: 
"(1) A detailed report that contains a statement of all 
receipts and disbursements of the fiind (including such a state-
ment for each subaccount of the fund) for the fiscal year ending 
in the year preceding the year in which the budget is submitted. 
"(2) A detailed proposed budget for the operation of the 
fiind for the fiscal year for which the budget is submitted. 
"(3) A comparison of the amounts actually expended for 
the operation of the fund for the fiscal year referred to in 
paragraph (1) with the amount proposed for the operation of 
the fund for that fiscal year in the President's budget. 
"(4) A report on the capital asset subaccount of the fund 
that contains the following information: 
"(A) The opening balance of the subaccount as of the 
beginning of the fiscal year in which the report is submit-
ted. 
"(B) The estimated amounts to be credited to the sub-
account in the fiscal year in which the report is submitted. 
"(C) The estimated amounts of outlays to be paid out 
of the subaccount in the fiscal year in which the report 
is submitted. 
"(D) The estimated balance of the subaccount at the 
end of the fiscal year in which the report is submitted. 
"(E) A statement of how much of the estimated balance 
at the end of the fiscal year in which the report is submitted 
will be needed to pay outlays in the immediately following 
fiscal year that are in excess of the amount to be credited 
to the subaccount in the immediately following fiscal year.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2117 
(b) REPEAL OF AUTHORITY TO MANAGE THROUGH THE DEFENSE 
BUSINESS OPERATIONS FUND.—Section 2216a of title 10, United 
States Code, and the item relating to that section in the table 
of sections at the beginning of chapter 131 of such title, are repealed. 
SEC. 1009. CLARIFICATION OF AUTHORITY TO RETAIN RECOVERED 
COSTS OF DISPOSALS IN WORKING-CAPITAL FUNDS. 
Section 2210(a) of title 10, United States Code, is amended 
to read as follows: 
"(aXl) A working-capital fund established pursuant to section 
2208 of this title may retain so much of the proceeds of disposals 
of property referred to in paragraph (2) as is necessary to recover 
the expenses incurred by the fund in disposing of such property. 
Proceeds from the sale or disposal of such property in excess of 
amounts necessary to recover the expenses may be credited to 
current applicable appropriations of the Department of Defense. 
"(2) Paragraph (1) applies to disposals of supplies, material. Applicability, 
equipment, and other personal property that were not financed 
by stock funds established under section 2208 of this title.". 
SEC. 1010. CREDITING OF AMOUNTS RECOVERED FROM THIRD PAR-
TIES FOR LOSS OR DAMAGE TO PERSONAL PROPERTY 
SHIPPED OR STORED AT GOVERNMENT EXPENSE. 
(a) IN GENERAL.—(1) Chapter 163 of title 10, United States 
Code, is amended by adding at the end the following new section: 
'^§2739. Amounts recovered from third parties for loss or 
damage to personal property shipped or stored 
at 
Government 
expense: 
crediting 
to 
appropriations 
"(a) CREDITING OF COLLECTIONS.—Any qualifying military 
department third-party collection shall be credited to the appro-
priate current appropriation. Amounts so credited shall be merged 
with the funds in that appropriation and shall be available for 
the same period and purposes as the funds with which merged. 
"(b) APPROPRIATE CURRENT APPROPRIATION.—For purposes of 
subsection (a), the appropriate current appropriation with respect 
to a qualifying military department third-party collection is the 
appropriation currently available, as of the date of the collection, 
for the pajonent of claims by that military department for loss 
or damage of personal property shipped or stored at Government 
expense. 
"(c) QUALIFYING MILITARY DEPARTMENT THIRD-PARTY COLLEC-
TIONS.—^For purposes of subsection (a), a qualifying 
military 
department third-party collection is any amount that a military 
department collects under sections 3711, 3716, 3717, and 3721 
of title 31 from a third party for a loss or damage to personal 
property that occurred during shipment or storage of the property 
at Government expense and for which the Secretary of the military 
department paid the owner in settlement of a claim.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2739. Amounts recovered from third parties for loss or damage to personal property 
shipped or stored at Government expense: crediting to appropriations.". 
(b) EFFECTIVE DATE.—Section 2739 of title 10, United States 
Code, as added by subsection (a), applies with respect to amounts 
Applicability. 
10 u s e 2739 
note. 
112 STAT. 2118 
PUBLIC LAW 105-261—OCT. 17, 1998 
Records. 
Deadline. 
collected by a military department on or after the date of the 
enactment of this Act. 
Subtitle B—^Naval Vessels and Shipyards 
SEC. 1011. REVISION TO REQUIREMENT FOR CONTINUED USTING OF 
TWO IOWA-CLASS BATTLESHIPS ON THE NAVAL VESSEL 
REGISTER. 
In carrying out section 1011 of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421), 
the Secretary of the Navy shall list on the Naval Vessel Register, 
and maintain on that register, the following two Iowa-class battle-
ships: the U.S.S. IOWA (BB-61) and the U.S.S. WISCONSIN (BB-
64). 
SEC. 1012. TRANSFER OF U.S.S. NEW JERSEY. 
The Secretary of the Navy shall strike the U.S.S. NEW JERSEY 
(BB-62) from the Naval Vessel Register and shall transfer that 
vessel to a non-for-profit entity in accordance with section 7306 
of title 10, United States Code. The Secretary shall require as 
a condition of the transfer of that vessel that the transferee locate 
the vessel in the State of New Jersey. 
SEC. 1013. HOMEPORTING OF THE U.S.S. IOWA IN SAN FRANCISCO, 
CAUFORNIA. 
It is the sense of Congress that the U.S.S. IOWA (BB-61) 
should be homeported at the Port of San Francisco, California. 
Clifton B. Gates. 
SEC. 1014. SENSE OF CONGRESS CONCERNING THE NAMING OF AN 
LPD-17 VESSEL. 
It is the sense of Congress that, consistent with section 1018 
of the National Defense Authorization Act for Fiscal Year 1996 
(Public Law 104-106; 110 Stat. 425), the Secretary of the Navy 
should name the next vessel of the LPD-17 class of amphibious 
vessels to be named after the date of the enactment of this Act 
as the U.S.S. Clifton B. Cates, in honor of former Commandant 
of the Marine Corps Clifton B. Cates (1893-1970), a native of 
Tennessee whose distinguished career of service in the Marine 
Corps included combat service in World War I so heroic that he 
became the most decorated Marine Corps officer of that war, exem-
plary combat leadership in the Pacific theater during World War 
II from Guadalcanal to Tinian and Iwo Jima and beyond, and 
appointment in 1948 as the 19th Commandant of the Marine Corps 
with the rank of lieutenant general, a position from which he 
led the efficient and alacritous response of the Marine Corps to 
the invasion of the Republic of South Korea by Communist North 
Korea. 
SEC. 1015. REPORTS ON NAVAL SURFACE FIRE-SUPPORT CAPABILI-
TIES. 
(a) NAVY REPORT.—(1) Not later than March 31, 1999, the 
Secretary of the Navy shall submit to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives a report on battleship readiness 
for meeting requirements of the Armed Forces for naval surface 
fire support. 
(2) The report shall contain the following: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2119 
(A) The reasons for the Secretary's failure to comply with 
the requirements of section 1011 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
110 Stat. 421) until February 1998. 
(B) The requirements for specialized air-naval gunfire liai-
son units. 
(C) The plans of the Navy for retaining and maintaining 
16-inch ammunition for the main guns of battleships, 
(D) The plans of the Navy for retaining the hammerhead 
crane essential for lifting battleship turrets. 
(E) An estimate of the cost of reactivating Iowa-class battle-
ships for listing on the Naval Vessel Register, restoring the 
vessels to seaworthiness with operational capabilities necessary 
to meet requirements for naval surface fire-support, and 
maintaining the battleships in that condition for continued 
listing on the register, together with an estimate of the time 
necessary to reactivate and restore the vessels to that condition. 
(F) An assessment of the short-term costs and the long-
term costs associated with alternative methods for executing 
the naval surface fire-support mission of the Navy, including 
the alternative of reactivating two battleships. 
(3) The Secretary shall act through the Director of Expedition-
ary Warfare Division (N85) of the Office of the Chief of Naval 
Operations in preparing the report. 
(b) GAO REPORT.—(1) The Comptroller General shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a report 
on the naval surface fire-support capabilities of the Navy. 
(2) The report shall contain the following: 
(A) An assessment of the extent of the compliance by the 
Secretary of the Navy with the requirements of section 1011 
of the National Defense Authorization Act for Fiscal Year 1996 
(Public Law 104-106; 110 Stat. 421). 
(B) The plans of the Navy for executing the naval surface 
fire-support mission of the Navy. 
(C) An assessment of the short-term costs and the long-
term costs associated with the plans. 
(D) An analysis of the assessment required under sub-
section (a)(2)(F). 
SEC. 1016. LONG-TERM CHARTER OF THREE VESSELS IN SUPPORT 
OF SUBMARINE RESCUE, ESCORT, AND TOWING. 
The Secretary of the Navy may enter into contracts in accord-
ance with section 2401 of title 10, United States Code, for the 
charter through September 30, 2003, of the following vessels: 
(1) The CAROLYN CHOUEST (United States official num-
ber D102057). 
(2) The KELLIE CHOUEST (United States official number 
D1038519). 
(3) The DOLORES CHOUEST (United States official num-
ber D600288). 
SEC. 1017. TRANSFER OF OBSOLETE ARMY TUGBOAT. 
In carrying out section 1023 of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1876), 
the Secretary of the Army may substitute the obsolete, decommis-
sioned tugboat Attleboro (LT-1977) for the tugboat Normandy (LT-
58-194 O - 98 - 10: QL 3 Part 3 
112 STAT, 2120 
PUBLIC LAW 105-261—OCT. 17, 1998 
1971) as one of the two obsolete tugboats authorized to be trans-
ferred by the Secretary under that section. 
Subtitle C—Counter-Drug Activities and 
Other Assistance for Civilian Law En-
forcement 
SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT TO OTHER AGENCIES 
FOR COUNTER-DRUG ACTIVITIES. 
(a) CONTINUATION OF AUTHORITY.—Subsection (a) of section 
1004 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 10 U.S.C. 374 note) is amended by 
striking out "through 1999" and inserting in lieu thereof "through 
2002". 
(b) BASES AND FACILITIES SUPPORT.—Subsection (b)(4) of such 
section is amended— 
(1) by striking out "unspecified minor construction" and 
inserting in lieu thereof "an unspecified 
minor military 
construction project"; 
(2) by inserting "of the Department of Defense or any 
Federal, State, or local law enforcement agency" afl;er "counter-
drug activities"; and 
(3) by inserting before the period at the end the following: 
"or counter-drug activities of a foreign law enforcement agency 
outside the United States". 
(c) CONGRESSIONAL NOTIFICATION OF FACILITIES PROJECTS.— 
Such section is further amended by adding at the end the following 
new subsection: 
"(h) CONGRESSIONAL NOTIFICATION OF FACILITIES PROJECTS.— 
(1) When a decision is made to carry out a military construction 
project described in paragraph (2), the Secretary of Defense shall 
submit to the congressional defense committees written notice of 
the decision, including the justification for the project and the 
estimated cost of the project. The project may be commenced only 
after the end of the 21-day period beginning on the date on which 
the written notice is received by Congress. 
Applicability. 
"(2) Paragraph (1) applies to an unspecified minor military 
construction project that— 
"(A) is intended for the modification or repair of a Depart-
ment of Defense facility for the purpose set forth in subsection 
(b)(4); and 
"(B) has an estimated cost of more than $500,000.". 
SEC. 1022. DEPARTMENT OF DEFENSE SUPPORT OF NATIONAL GUARD 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES. 
(a) PROCUREMENT OF EQUIPMENT.—Subsection (a)(3) of section 
112 of title 32, United States Code, is amended— 
(1) by striking out "and leasing of equipment" and inserting 
in lieu thereof "and equipment, and the leasing of equipment,"; 
and 
(2) by adding at the end the following new sentence: "How-
ever, the use of such funds for the procurement of equipment 
may not exceed $5,000 per purchase order, unless approval 
for procurement of equipment in excess of that amount is 
granted in advance by the Secretary of Defense.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2121 
(b) TRAINING AND READINESS.—Subsection (b)(2) of such section 
is amended to read as follows: 
"(2)(A) A member of the National Guard serving on full-time 
National Guard duty under orders authorized under paragraph 
(1) shall participate in the training required under section 502(a) 
of this title in addition to the duty performed for the purpose 
authorized under that paragraph. The pay, allowances, and other 
benefits of the member while participating in the training shall 
be the same as those to which the member is entitled while perform-
ing duty for the purpose of carrying out drug interdiction and 
counter-drug activities. The member is not entitled to additional 
pay, allowances, or other benefits for participation in training 
required under section 502(a)(1) of this title. 
"(B) Appropriations available for the Department of Defense 
for drug interdiction and counter-drug activities may be used for 
paying costs associated with a member's participation in training 
described in subparagraph (A). The appropriation 
shall be 
reimbursed in full, out of appropriations available for paying those 
costs, for the amounts paid. Appropriations available for paying 
those costs shall be available for making the reimbursements. 
"(C) To ensure that the use of units and personnel of the 
National Guard of a State pursuant to a State drug interdiction 
and counter-drug activities plan does not degrade the training and 
readiness of such units and personnel, the following requirements 
shall apply in determining the drug interdiction and counter-drug 
activities that units and personnel of the National Guard of a 
State may perform: 
"(i) The performance of the activities may not adversely 
affect the quality of that training or otherwise interfere with 
the ability of a member or unit of the National Guard to 
perform the military functions of the member or unit. 
"(ii) National Guard personnel will not degrade their mili-
tary skills as a result of performing the activities. 
"(iii) The performgmce of the activities will not result in 
a significant increase in the cost of training. 
"(iv) In the case of drug interdiction and counter-drug 
activities performed by a unit organized to serve as a unit, 
the activities will support valid unit training requirements.". 
(c) ASSISTANCE TO YOUTH AND CHARITABLE ORGANIZATIONS.— 
Subsection (b)(3) of such section is amended to read as follows: 
"(3) A unit or member of the National Guard of a State may 
be used, pursuant to a State drug interdiction and counter-drug 
activities plan approved by the Secretary of Defense under this 
section, to provide services or other assistance (other than air 
transportation) to an organization eligible to receive services under 
section 508 of this title if— 
"(A) the State drug interdiction and counter-drug activities 
plan specifically recognizes the organization as being eligible 
to receive the services or assistance; 
"(B) in the case of services, the performance of the services 
meets the requirements of paragraphs (1) and (2) of subsection 
(a) of section 508 of this title; and 
"(C) the services or assistance is authorized under sub-
section (b) or (c) of such section or in the State drug interdiction 
and counter-drug activities plan.". 
112 STAT. 2122 
PUBLIC LAW 105-261—OCT. 17, 1998 
(d) DEFINITION OF DRUG INTERDICTION AND COUNTER-DRUG 
ACTIVITIES.—Subsection (i)(l) of such section is amended by insert-
ing after "drug interdiction and counter-drug law enforcement 
activities" the following: ", including drug demand reduction activi-
ties,". 
(e) CONFORMING AMENDMENTS.—Subsection (a) of such section 
is further amended— 
(1) by striking out "for—" and inserting in lieu thereof 
"for the following:"; 
(2) by striking out "the" at the beginning of paragraphs 
(1), (2), and (3) and inserting in lieu thereof "The"; 
(3) in paragraph (1), by striking out the semicolon at the 
end and inserting in lieu thereof a period; and 
(4) in paragraph (2), by striking out "; and" and inserting 
in lieu thereof a period. 
SEC, 1023. DEPARTMENT OF DEFENSE COUNTER-DRUG ACTIVITIES IN 
TRANSIT ZONE. 
(a) SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTER-
DICTION AND COUNTER-DRUG ACTIVITIES.—It is the sense of Con-
gress that the Secretary of Defense should— 
(1) ensure that the international drug interdiction and 
counter-drug activities of the Department of Defense are 
accorded adequate resources within the budget allocation of 
the Department to execute the drug interdiction and counter-
drug mission under the Global Military Force Policy of the 
Department; and 
(2) make such changes to that policy as the Secretary 
considers necessary. 
(b) SUPPORT FOR COUNTER-DRUG OPERATION CAPER FOCUS.— 
(1) During fiscal year 1999, the Secretary of Defense shall make 
available, to the maximum extent practicable, such surface vessels, 
maritime patrol aircraft, and personnel of the Navy as may be 
necessary to conduct the final phase of the counter-drug operation 
known as Caper Focus, which targets the maritime movement of 
cocaine on vessels in the eastern Pacific Ocean. 
(2) Of the amount authorized to be appropriated pursuant 
to section 301(20) for drug interdiction and counter-drug activities, 
$10,500,000 shall be available for the purpose of conducting the 
counter-drug operation known as Caper Focus. 
(c) PATROL COASTAL CRAFT FOR DRUG INTERDICTION BY SOUTH-
ERN COMMAND.—Of the amount authorized to be appropriated 
pursuant to section 301(20) for drug interdiction and counter-drug 
activities, $14,500,000 shall be available for the purpose of equip-
ping and operating six of the Cyclone-class coastal defense ships 
of the Department of Defense in the Caribbean Sea and eastern 
Pacific Ocean in support of the drug interdiction efforts of the 
United States Southern Command. 
(d) 
RESULTING 
AVAILABILITY 
OF 
FUNDS 
FOR 
COUNTERPROLIFERATION AND COUNTERTERRORISM ACTIVITIES.—(1) 
In light of subsection (c), of the amount authorized to be appro-
priated pursuemt to section 301(5) for the Special Operations Com-
mand, $4,500,000 shall be available for the purpose of increased 
training and related operations in support of the activities of the 
Special Operations Command regarding counterproliferation of 
weapons of mass destruction and counterterrorism. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2123 
(2) The amount made available under this subsection is in 
addition to other funds authorized to be appropriated under section 
301(5) for the Special Operations Command for such purpose. 
Subtitle D—Miscellaneous Report 
Requirements and Repeals 
SEC. 1031. REPEAL OF UNNECESSARY AND OBSOLETE REPORTING 
PROVISIONS. 
(a) HEALTH AND MEDICAL CARE STUDIES AND DEMONSTRA-
TIONS.—Section 1092(a) of title 10, United States Code, is amended 
by striking out paragraph (3). 
(b) EXECUTED REQUIREMENT FOR BIANNUAL REPORTS ON ALTER-
NATIVE UTILIZATION OF MILITARY FACILITIES.—Section 2819 of the 
National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. 
2391 note), relating to the Commission on Alternative Utilization 
of Military Facilities, is repealed. 
SEC. 1032. REPORT REGARDING USE OF TAGGING SYSTEM TO IDEN-
TIFY HYDROCARBON FUELS USED BY DEPARTMENT OF 
DEFENSE. 
(a) REPORT REQUIRED.—Not later than March 30, 1999, the Deadline. 
Secretary of Defense shall submit to Congress a report evaluating 
the following: 
(1) The feasibility of tagging hydrocarbon fuels used by 
the Department of Defense for the purposes of analyzing and 
identifying such fuels. 
(2) The deterrent effect of such tagging on the theft and 
misuse of fuels purchased by the Department. 
(3) The extent to which such tagging would assist in deter-
mining the source of surface and underground pollution in 
locations having separate fuel storage facilities of the Depart-
ment and of civilian companies. 
(b) SYSTEM ELEMENTS.—In preparing the report, the Secretary 
shall ensure that any tagging system for the Department of Defense 
considered by the Secretary satisfies the following requirements: 
(1) The tagging system would not harm the environment. 
(2) Each chemical that would be used in the tagging system 
is— 
(A) approved for use under the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.); and 
(B) substantially similar to the fuel to which added, 
as determined in accordance with criteria established by 
the Environmental Protection Agency for the introduction 
of additives into hydrocarbon fuels. 
(3) The tagging system would permit a determination if 
a tag is present and a determination if the concentration of 
a tag has changed in order to facilitate identification of tagged 
fuels and detection of dilution of tagged fuels. 
(4) The tagging system would not impair or degrade the 
suitability of tagged fuels for their intended use. 
(c) RECOMMENDATIONS.—^The report shall include any rec-
ommendations for legislation relating to the tagging of hydrocarbon 
fuels by the Department of Defense that the Secretary considers 
appropriate. 
112 STAT. 2124 
PUBLIC LAW 105-261—OCT. 17, 1998 
Subtitle E—^Armed Forces Retirement 
Home 
SEC. 1041. APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR OF 
THE NAVAL HOME. 
(a) APPOINTMENT AND QUALIFICATIONS OF DIRECTOR AND DEP-
UTY DIRECTOR.—Subsection (a) of section 1517 of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 417) is amended— 
(1) in paragraph (2)— 
(A) by striking out "Each Director" and inserting in 
lieu thereof 'The Director of the United States Soldiers' 
and Airmen's Home"; and 
(B) by striking out subparagraph (B) and inserting 
in lieu thereof the following: 
"(B) meet the requirements of paragraph (4)."; 
(2) by redesignating paragraph (3) as paragraph (5); and 
(3) by inserting after paragraph (2) the following new para-
graphs (3) and (4): 
"(3) The Director, and any Deputy Director, of the Naval Home 
shall be appointed by the Secretary of Defense from among persons 
recommended by the Secretaries of the military departments who— 
"(A) in the case of the position of Director, are commis-
sioned officers of the Armed Forces serving on active duty 
in a pay grade above 0-5; 
"(B) in the case of the position of Deputy Director, are 
commissioned officers of the Armed Forces serving on active 
duty in a pay grade above 0-4; and 
"(C) meet the requirements of paragraph (4). 
"(4) Each Director shall have appropriate leadership and 
management skills, an appreciation and understanding of the cul-
ture and norms associated with military service, and significant 
military background.". 
(b) TERM OF DIRECTOR AND DEPUTY DIRECTOR.—Subsection 
(c) of such section is amended— 
(1) by striking out "(c) TERM OF DIRECTOR.—" and all that fol-
lows through "A Director" in the second sentence and inserting 
in lieu thereof "(c) TERMS OF DIRECTORS.—(1) The term of 
office of the Director of the United States Soldiers' and Airmen's 
Home shall be five years. The Director"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Director and the Deputy Director of the Naval Home 
shall serve at the pleasure of the Secretary of Defense.". 
(c) DEFINITIONS.—Such section is further amended by adding 
at the end the following new subsection: 
"(g) DEFINITIONS.—In this section: 
"(1) The term 'United States Soldiers' and Airmen's Home' 
means the separate facility of the Retirement Home that is 
known as the United States Soldiers' and Airmen's Home. 
"(2) The term 'Naval Home' means the separate facility 
of the Retirement Home that is known as the Naval Home.". 
24 use 417 note. 
(d) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect on October 1, 1998. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2125 
SEC. 1042. REVISION OF INSPECTION REQUIREMENTS RELATING TO 
ARMED FORCES RETIREMENT HOME. 
(a) INSPECTION BY INSPECTORS GENERAL OF THE MILITARY 
DEPARTMENTS.—Section 1518 of the Armed Forces Retirement 
Home Act of 1991 (24 U.S.C. 418) is amended to read as follows: 
"SEC. 1518. INSPECTION OF RETIREMENT HOME. 
"(a) TRIENNIAL INSPECTION.—^Every three years the Inspector Records. 
General of a military department shall inspect the Retirement 
Home, including the records of the Retirement Home. 
"(b) ALTERNATING DUTY AMONG INSPECTORS GENERAL.—^The 
duty to inspect the Retirement Home shall alternate among the 
Inspector General of the Army, the Naval Inspector General, and 
the Inspector General of the Air Force on such schedule as the 
Secretary of Defense shall direct. 
"(c) REPORTS.—Not later than 45 days after completing an Deadline, 
inspection under subsection (a), the Inspector General carrying 
out the inspection shall submit to the Retirement Home Board, 
the Secretary of Defense, and Congress a report describing the 
results of the inspection and containing such recommendations as 
the Inspector General considers appropriate.". 
(b) FIRST INSPECTION.—^The first inspection under section 1518 24 use 418 note, 
of the Armed Forces Retirement Home Act of 1991, as amended 
by subsection (a), shall be carried out during fiscal year 1999. 
SEC. 1043. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, ARMED 
FORCES RETIREMENT HOME. 
Section 1053 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2650) is amended— 
(1) in subsection (a), by striking out "may convey, by sale 
or otherwise," and inserting in lieu thereof "shall convey by 
sale"; and 
(2) by striking out subsection (b) and inserting in lieu 
thereof the following new subsection (b): 
"(b) MANNER, TERMS AND CONDITIONS OF DISPOSAL.—(1) The 
sale under subsection (a) shall be made to a neighboring nonprofit 
organization from whose extensive educational and charitable serv-
ices the public benefits and has benefited from for more than 
100 years, or an entity or entities related to such organization, 
and whose substantial investment in the neighborhood is consistent 
with the continued existence and purpose of the Armed Forces 
Retirement Home. 
"(2) As consideration for the real property conveyance under 
subsection (a), the purchaser selected under paragraph (1) shall 
pay to the United States an amount equal to the fair market 
value of the real property at its highest and best economic use, 
as determined by the Armed Forces Retirement Home Board, based 
on an independent appraisal.". 
Subtitle F—^Matters Relating to Defense 
Property 
SEC. 
1
0
5
1
. 
PLAN F O R IMPROVED 
DEMIUTARIZATION 
OF 
EXCESS 
AND 
SURPLUS 
DEFENSE 
PROPERTY. 
(a) PLAN REQUIRED.—Not later than March 1, 1999, the Sec- Deadline, 
retary of Defense shall submit to Congress a plan to address the 
112 STAT. 2126 
PUBLIC LAW 105-261—OCT. 17, 1998 
problems with the sale or other disposal of excess and surplus 
defense materials identified in the report submitted to Congress 
by the Secretary of Defense on June 5, 1998, pursuant to section 
1067 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1896). The plan shall provide 
for the following: 
(1) Implementation for all appropriate Department person-
nel of the mandatory demilitarization training specified in 
Department of Defense revised manual 4160.21-M-l. 
(2) Improvement of oversight of the performance of demili-
tarization functions and the maintenance of demilitarization 
codes throughout the life cycle of defense materials. 
(3) Assignment of accurate demilitarization codes and the 
issuance of accurate demilitarization execution instructions dur-
ing the system planning phases of the acquisition process. 
(4) Implementation of such recommendations of the Defense 
Science Board task force appointed by the Under Secretary 
of Defense for Acquisition and Technology to consider the con-
trol of military excess and surplus property as the Secretary 
of Defense considers to be appropriate. 
(b) 
DEMILITARIZATION 
TRAINING.—In connection with the 
demilitarization training that is required to be addressed in the 
plan, the Secretary shall indicate the time frame for full 
implementation of such training and the number of Department 
of Defense personnel to be trained. 
(c) CENTRALIZED DEMILITARIZATION FUNCTIONS.—In connection 
with the matters specified in paragraphs (2) and (3) of subsection 
(a) that are required to be addressed in the plan, the Secretary 
shall consider options for the centralization of demilitarization func-
tions and responsibilities in a single office or agency. The Secretary 
shall specify in the plan the responsible office or agency, and 
indicate the time frame for centralizing demilitarization functions 
and responsibilities, unless the Secretary determines that it is 
not practical or appropriate to centralize demilitarization functions 
and responsibilities, in which case the Secretary shall proAdde the 
reasons for the determination. 
(d) DRAFT LEGISLATION.—^The Secretary shall include in the 
plan any draft legislation that the Secretary considers appropriate 
to clarify the authority of the Grovernment to recover critical and 
sensitive defense property that has been inadequately demilitarized. 
(e) RELATED REPORTS.—(1) The Secretary shall submit with 
the plan— 
(A) a copy of recommendations of the Defense Science Board 
task force referred to in subsection (a)(4); and 
(B) a copy of the report prepared by an independent con-
tractor in accordance with the Secretary's report referred to 
in subsection (a), at the request of the Defense Logistics Agency, 
to address options for centralizing demilitarization responsibil-
ities, including a central demilitarization office and a central 
system for coding and maintaining demilitarization codes 
through the life cycle of the property involved. 
(2) With respect to the report of the independent contractor 
described in paragraph (1)(B), the Secretary shall provide an evalua-
tion of the recommendations contained in the report and any plans 
by the Secretary for implementing the recommendations. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2127 
SEC. 1052. TRANSFER OF F-4 PHANTOM II AIRCRAFT TO FOUNDATION. 
(a) AUTHORITY.—^The Secretary of the Air Force may convey, 
without consideration, to the ColUngs Foundation, Stow, Massachu-
setts (in this section referred to as the "foundation"), all right, 
title, and interest of the United States in and to one surplus 
F-4 Phantom II aircraft. The conveyance shall be made by means 
of a conditional deed of gift. 
(b) CONDITION OF AIRCRAFT.—The Secretary may not convey 
ownership of the aircraft under subsection (a) until the Secretary 
determines that the foundation has altered the aircraft in such 
manner as the Secretary determines necessary to ensure that the 
aircraft does not have any capability for use as a platform for 
launching or releasing munitions or any other combat capability 
that it was designed to have. The Secretary is not required to 
repair or alter the condition of the aircraft before conveying owner-
ship of the aircraft. 
(c) REVERTER UPON BREACH OF CONDITIONS.—The Secretary 
shall include in the instrument of conveyance of the aircraft— 
(1) a condition that the foundation not convey any owner-
ship interest in, or transfer possession of, the aircraft to any 
other party without the prior approval of the Secretary; 
(2) a condition that the foundation operate and maintain 
the aircraft in compliance with all applicable limitations and 
maintenance requirements imposed by the Administrator of 
the Federal Aviation Administration; and 
(3) a condition that if the Secretary determines at any 
time that the foundation has conveyed an ownership interest 
in, or transferred possession of, the aircraft to any other party 
without the prior approval of the Secretary, or has failed to 
comply with the condition set forth in paragraph (2), all right, 
title, and interest in and to the aircraft, including any repair 
or alteration of the aircraft, shall revert to the United States, 
and the United States shall have the right of immediate posses-
sion of the aircraft. 
(d) CONVEYANCE AT N O COST TO THE UNITED STATES.—^The 
conveyance of an aircraft authorized by this section shall be made 
at no cost to the United States. Any costs associated with such 
conveyance, costs of determining compliance with subsection (b), 
and costs of operation and maintenance of the aircraft conveyed 
shall be borne by the foundation. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
(f) CLARIFICATION OF LIABILITY.—^Notwithstanding any other 
provision of law, upon the conveyance of ownership of the F -
4 Phantom II aircraft to the foundation under subsection (a), the 
United States shall not be liable for any death, injury, loss, or 
damage that results from any use of that aircraft by any person 
other than the United States. 
112 STAT. 2128 
PUBLIC LAW 105-261—OCT. 17, 1998 
Subtitle G—Other Department of Defense 
Matters 
5 use 5520a 
SEC. 1061. PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT 
note. 
OF LEGAL PROCESS FOR GARNISHMENT OF FEDERAL 
PAY FOR CHILD SUPPORT AND ALIMONY. 
(a) PROGRAM REQUIRED.—The Secretary of Defense shall con-
duct a pilot program on alternative notice procedures for withhold-
ing or garnishment of pay for the payment of child support and 
alimony under section 459 of the Social Security Act (42 U.S.C. 
659). 
(b) PURPOSE.—^The purpose of the pilot program is to test the 
efficacy of providing notice in accordance with subsection (c) to 
the person whose pay is to be withheld or garnished. 
(c) AUTHORIZATION OF ALTERNATIVE To PROVIDING COPY OF 
NOTICE OR SERVICE RECEIVED BY THE SECRETARY.—(1) Under the 
pilot program, whenever the Secretary of Defense (acting through 
the DOD section 459 agent) provides a section 459 notice to an 
individual, the Secretary may include as part of that notice the 
information specified in subsection (e) in lieu of sending with that 
notice a copy (otherwise required pursuant to the parenthetical 
phrase in section 459(c)(2)(A) of the Social Security Act) of the 
notice or service received by the DOD section 459 agent with 
respect to that individual's child support or alimony payment obliga-
tions. 
(2) Under the pilot program, whenever the Secretary of Defense 
(acting through the DOD section 5520a agent) provides a section 
5520a notice to an individual, the Secretary may include as part 
of that notice the information specified in subsection (e) in lieu 
of sending with that notice a copy (otherwise required pursuant 
to the second parenthetical phrase in section 5520a(c) of title 5, 
United States Code) of the legal process received by the DOD 
section 5520a agent with respect to that individual. 
(d) DEFINITIONS.—^For purposes of this section: 
(1) DOD SECTION 459 AGENT.—The term "DOD section 459 
agent" means the agent or agents designated by the Secretary 
of Defense under subsection (c)(1)(A) of section 459 of the 
Social Security Act (42 U.S.C. 659) to receive orders and accept 
service of process in matters related to child support or alimony. 
(2) SECTION 459 NOTICE.—^The term "section 459 notice" 
means, with respect to the Department of Defense, the notice 
required by subsection (c)(2)(A) of section 459 of the Social 
Security Act (42 U.S.C. 659) to be sent to an individual in 
writing upon the receipt by the DOD section 459 agent of 
notice or service with respect to the individual's child support 
or alimony payment obligations. 
(3) DOD SECTION 5520A AGENT.—-The term "DOD section 
5520a agent" means a person who is designated by law or 
regulation to accept service of process to which the Department 
of Defense is subject under section 5520a of title 5, United 
States Code (including the regulations promulgated under sub-
section (k) of that section). 
(4) SECTION 5520A NOTICE.—^The term "section 5520a notice" 
means, with respect to the Department of Defense, the notice 
required by subsection (c) of section 5520a of title 5, United 
States Code, to be sent in writing to an employee (or, pursusmt 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2129 
to the regulations promulgated under subsection (k) of that 
section, to a member of the Armed Forces) upon the receipt 
by the DOD section 5520a agent of legal process covered by 
that section. 
(e) ALTERNATIVE REQUIREMENTS.—^The information referred to 
in subsection (c) that is to be included as part of a section 459 
notice or section 5520a notice sent to an individual (in lieu of 
sending with that notice a copy of the notice or service received 
by the DOD section 459 agent or the DOD section 5520a agent) 
is the following: 
(1) A description of the pertinent court order, notice to 
withhold, or other order, process, or interrogatory received by 
the DOD section 459 agent or the DOD section 5520a agent. 
(2) The identity of the court or judicial forum involved 
and (in the case of a notice or process concerning the ordering 
of a support or alimony obligation) the case number, the amount 
of the obligation, and the name of the beneficiary. 
(3) Information on how the individual may obtain from 
the Department of Defense a copy of the notice, service, or 
legal process, including an address and telephone number that 
the individual may be contacted for the purpose of obtaining 
such a copy. 
(f) PERIOD OF PILOT PROGRAM.—^The Secretary shall commence 
the pilot program not later than 90 days after the date of the 
enactment of this Act. The pilot program shall terminate on Septem-
ber 30, 2001. 
(g) REPORT.—^Not later than January 1, 2001, the Secretary Deadline, 
shall submit to Congress a report describing the experience of 
the Department of Defense under the authority provided by this 
section. The report shall include the following: 
(1) The number of section 459 notices provided by the 
DOD section 459 agent during the period the authority provided 
by this section was in effect. 
(2) The number of individuals who requested the DOD 
section 459 agent to provide to them a copy of the actual 
notice or service. 
(3) Any complaint the Secretary received by reason of not 
having provided the actual notice or service in the section 
459 notice. 
(4) The number of section 5520a notices provided by the 
DOD section 5520a agent during the period the authority pro-
vided by this section was in effect. 
(5) The number of individuals who requested the DOD 
section 5520a agent to provide to them a copy of the actual 
legal process. 
(6) Any complaint the Secretary received by reason of not 
having provided the actual legal process in the section 5520a 
notice. 
SEC. 
1062. TRAINING OF SPECIAL OPERATIONS FORCES WITH 
FRIENDLY FOREIGN FORCES. 
(a) REQUIREMENT FOR PRIOR APPROVAL OF SECRETARY OF 
DEFENSE.—Subsection (c) of section 2011 of title 10, United States 
Code, is amended by inserting after the first sentence the following 
new sentence: "The regulations shall require that training activities 
may be carried out under this section only with the prior approval 
of the Secretary of Defense.". 
112 STAT. 2130 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 2011. 
(b) ELEMENTS OF ANNUAL REPORT.—Subsection (e) of such sec-
tion is amended by adding at the end the following new paragraphs: 
"(5) A summary of the expenditures under this section 
resulting from the training for which expenses were paid under 
this section. 
"(6) A discussion of the unique military training benefit 
to United States special operations forces derived from the 
training activities for which expenses were paid under this 
section.". 
SEC. 1063. RESEARCH GRANTS COMPETITIVELY AWARDED TO SERVICE 
ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of 
title 10, United States Code, is amended by adding at the end 
the following new section: 
"§4358. Grants for faculty research for scientific, literary, 
and educational purposes: acceptance; author-
ized grantees 
"(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the 
Army may authorize the Superintendent of the Academy to accept 
qualifying research grants under this section. Any such grant may 
only be accepted if the work under the grant is to be carried 
out by a professor or instructor of the Academy for a scientific, 
literary, or educational purpose. 
"(b) QUALIFYING GRANTS.—^A qualifying research grant under 
this section is a grant that is awarded on a competitive basis 
by an entity referred to in subsection (c) for a research project 
with a scientific, literary, or educational purpose. 
"(c) 
ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A 
grant may be accepted under this section only from a corporation, 
fund, foundation, educational institution, or similar entity that is 
organized and operated primarily for scientific, literary, or edu-
cational purposes. 
"(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall 
establish an account for administering funds received as research 
grants under this section. The Superintendent shall use the funds 
in the account in accordance with applicable regulations and the 
terms and conditions of the grants received. 
"(e) RELATED EXPENSES.—Subject to such limitations as may 
be provided in appropriations Acts, appropriations available for 
the Academy may be used to pay expenses incurred by the Academy 
in applying for, and otherwise pursuing, award of a qualifying 
research grant. 
"(f) REGULATIONS.—The Secretary of the Army shall prescribe 
regulations for the administration of this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4358. Grants for faculty research for scientific, literary, and educational purposes: 
acceptance; authorized grantees.". 
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2131 
**§6977. Grants for faculty research for scientific, literary, 
and educational purposes: acceptance; author-
ized grantees 
"(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the 
Navy may authorize the Superintendent of the Academy to accept 
quaUfying research grants under this section. Any such grant may 
only be accepted if the work under the grant is to be carried 
out by a professor or instructor of the Academy for a scientific, 
literary, or educational purpose. 
"(b) QUALIFYING GRANTS,—^A qualifying research grant under 
this section is a grant that is awarded on a competitive basis 
by an entity referred to in subsection (c) for a research project 
with a scientific, literary, or educational purpose. 
"(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A 
grant may be accepted under this section only from a corporation, 
fund, foundation, educational institution, or similar entity that is 
organized and operated primarily for scientific, literary, or edu-
cational purposes. 
"(d) ADMINISTRATION OF GRANT FUNDS.—^The Secretary shall 
establish an account for administering funds received as research 
grants under this section. The Superintendent shall use the funds 
in the account in accordance with applicable regulations and the 
terms and conditions of the grants received. 
"(e) RELATED EXPENSES.—Subject to such limitations as may 
be provided in appropriations Acts, appropriations available for 
the Academy may be used to pay expenses incurred by the Academy 
in applying for, and otherwise pursuing, award of a qualifying 
research grant. 
"(f) REGULATIONS.—The Secretary of the Navy shall prescribe 
regulations for the administration of this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"6977. Grants for faculty research for scientiHc, literary, and educational piuposes: 
acceptance; authorized grantees.". 
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 of 
title 10, United States Code, is amended by adding at the end 
the following new section: 
'*§9357. Grants for faculty research for scientific, literary, 
and educational purposes: acceptance; author-
ized grantees 
"(a) ACCEPTANCE OF RESEARCH GRANTS.—^The Secretary of the 
Air Force may authorize the Superintendent of the Academy to 
accept qualifying research grants under this section. Any such 
grant may only be accepted if the work under the grant is to 
be carried out by a professor or instructor of the Academy for 
a scientific, literary, or educational purpose. 
"(b) QUALIFYING GRANTS.—A qualifying research grant under 
this section is a grant that is awarded on a competitive basis 
by an entity referred to in subsection (c) for a research project 
with a scientific, literary, or educational purpose. 
"(c) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—^A 
grant may be accepted under this section only from a corporation, 
fund, foundation, educational institution, or similar entity that is 
organized and operated primarily for scientific, literary, or edu-
cational purposes. 
112 STAT. 2132 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(d) ADMINISTRATION OF GRANT FuNDS.~The Secretary shall 
establish an account for administering funds received as research 
grants under this section. The Superintendent shall use the funds 
in the account in accordance with applicable regulations and the 
terms and conditions of the grants received. 
"(e) RELATED EXPENSES.—Subject to such limitations as may 
be provided in appropriations Acts, appropriations available for 
the Academy may be used to pay expenses incurred by the Academy 
in appl3dng for, and otherwise pursuing, award of a qualif)dng 
research grant. 
"(f) REGULATIONS.—The Secretary of the Air Force shall pre-
scribe regulations for the administration of this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"9357. Grants for faculty research for scientific, literary, and educational purposes: 
acceptance; authorized grantees.". 
SEC. 1064. DEPARTMENT OF DEFENSE USE OF FREQUENCY SPECTRUM. 
(a) FINDING.—Congress finds that the report submitted to Con-
gress by the Secretary of Defense on April 2, 1998, regarding 
the reallocation of the frequency spectrum used or dedicated to 
the Department of Defense and the intelligence community does 
not include a discussion of the costs to the Department of Defense 
that are associated with past and potential future reallocations 
of the frequency spectrum, although such a discussion was to be 
included in the report as directed in connection with the enactment 
of the National Defense Authorization Act for Fiscal Year 1998. 
Deadline. 
(b) ADDITIONAL REPORT.—The Secretary of Defense shall, not 
later than October 31, 1998, submit to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives a report that discusses the costs 
referred to in subsection (a). 
(c) RELOCATION OF FEDERAL FREQUENCIES.—Section 113(g)(1) 
of the National Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 923(g)(1)) is amended— 
(1) by striking out "(1) IN GENERAL.—In order" and insert-
ing in lieu thereof the following: 
"(1) IN GENERAL.— 
"(A) AUTHORITY OF FEDERAL ENTITIES TO ACCEPT COM-
PENSATION.—In order"; 
(2) in subparagraph (A), as so designated, by striking out 
the second, tlurd, and fourth sentences and inserting in lieu 
Notification. 
thereof the following: "Any such Federal entity which proposes 
to so relocate shall notify the NTIA, which in turn shall notify 
the Commission, before the auction concerned of the marginal 
costs anticipated to be associated with such relocation or with 
modifications necessary to accom^modate prospective licensees. 
The Commission in turn shall notify potential bidders of the 
estimated relocation or modification 
costs based on the 
geographic area covered by the proposed licenses before the 
auction."; and 
(3) by adding at the end the following: 
"(B) 
REQUIREMENT TO COMPENSATE FEDERAL ENTI-
TIES.—^Any person on whose behalf a Federal entity incurs 
costs under subparagraph (A) shall compensate the Federal 
entity in advance for such costs. Such compensation may 
take the form of a cash pa)mient or in-kind compensation. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2133 
"(C) DISPOSITION OF PAYMENTS.— 
"(i) PAYMENT BY ELECTRONIC FUNDS TRANSFER.— 
A person making a cash payment under this paragraph 
shall make the cash payment by depositing the amount 
of the payment by electronic funds transfer in the 
account of the Federal entity concerned in the Treasury 
of the United States or in another account as author-
ized by law. 
"(ii) AVAILABILITY.—Subject to the provisions of 
authorization Acts and appropriations Acts, amounts 
deposited under this subparagraph shall be available 
to the Federal entity concerned to pay directly the 
costs of relocation under this paragraph, to repay or 
make advances to appropriations or funds which do 
or will initially bear all or part of such costs, or to 
refund excess sums when necessary. 
"(D) APPLICATION TO CERTAIN OTHER RELOCATIONS.— 
The provisions of this paragraph also apply to any Federal 
entity that operates a Federal Government station assigned 
to used electromagnetic spectrum identified for reallocation 
under subsection (a) if before August 5, 1997, the Commis-
sion has not identified that spectrum for service or assigned 
licenses or otherwise authorized service for that spectrum. 
"(E) IMPLEMENTATION PROCEDURES.—The NTIA and 
the 
Commission 
shall 
develop 
procedures 
for 
the 
implementation of this paragraph, which procedures shall 
include a process for resolving any differences that arise 
between the Federal Government and commercial licensees 
regarding estimates of relocation or modification costs 
under this paragraph. 
"(F) INAPPLICABILITY TO CERTAIN RELOCATIONS.—With 
the exception of the band of frequencies located at 1710-
1755 megahertz, the provisions of this paragraph shall 
not apply to Federal spectrum identified for reallocation 
in the first reallocation report submitted to the President 
and Congress under subsection (a).". 
(d) REPORTS ON COSTS OF RELOCATIONS.—^The head of each 47 use 923 note. 
department or agency of the Federal Grovemment shall include 
in the annual budget submission of such department or agency 
to the Director of the Office of Management and Budget a report 
assessing the costs to be incurred by such department or agency 
as a result of any frequency relocations of such department or 
agency that are anticipated under section 113 of the National 
Telecommunications Information Administration Organization Act 
(47 U.S.C. 923) as of the date of such report. 
SEC. 1065. DEPARTMENT OF DEFENSE AVIATION ACCIDENT INVES-
TIGATIONS. 
(a) REPORT REQUIRED.—Not later than March 31, 1999, the DeadUne. 
Secretary of Defense shall submit to Congress a report on the 
roles of the Office of the Secretary of Defense and of the Joint 
Staff in the investigation of Department of Defense aviation 
accidents. 
(b) 
CONTENT OF 
REPORT.—^The report shall include the 
following: 
112 STAT. 2134 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) An assessment of whether the Office of the Secretary 
of Defense and the Joint Staff should have more direct involve-
ment in the investigation of military aviation accidents. 
(2) The advisability of the Office of the Secretary of Defense, 
the Joint Staff, or another Department of Defense entity 
independent of the military departments supervising the con-
duct of aviation accident investigations. 
(3) An assessment of the minimum training and experience 
required for aviation accident investigation board presidents 
and board members. 
(4) An assessment whether or not the procedures for shar-
ing the results of military aviation accident investigations 
among the military departments should be improved. 
(5) An assessment of the advisability of centralized training 
and instruction for military aircraft accident investigators. 
10 use 2254 
(c) UNIFORM REGULATIONS FOR PROVISION OF ACCIDENT INVES-
note. 
TIGATION UPDATE INFORMATION.—^The Secretary of Defense shall 
prescribe regulations, which shall be applied uniformly across the 
Department of Defense, establishing procedures by which the mili-
tary departments shall provide to the family members of any person 
involved in a military aviation accident periodic update reports 
on the conduct and progress of investigations into the accident. 
SEC. 1066. INVESTIGATION OF ACTIONS RELATING TO 174TH FIGHTER 
WING OF NEW YORK AIR NATIONAL GUARD. 
(a) INVESTIGATION.—^The Inspector General of the Department 
of Defense shall conduct a new investigation into the circumstances 
that led to the December 1, 1995, grounding of the 174th Fighter 
Wing of the New York Air National Guard. The investigation shall 
review those circumstances, examine the administrative and dis-
ciplinary actions taken against members of that wing, and deter-
mine whether those administrative and disciplinary measures were 
appropriate. 
Deadline. 
(b) REPORT.—^Not later than 180 days after the date of the 
enactment of this Act, the Inspector (Jeneral shall submit to the 
Committee on Armed Services of the Senate and the Committee 
on National Security of the House of Representatives a report 
describing the results of the investigation under subsection (a). 
SEC. 1067. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF THE 
KOREAN WAR. 
(a) LIMITATION ON EXPENDITURES.—Subsection (f) of section 
1083 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1918; 10 U.S.C. 113 note) 
is amended to read as follows: 
"(f) LIMITATION ON EXPENDITURES.—The total amount expended 
by the Department of Defense to carry out the commemorative 
program for fiscal year 1999 may not exceed $1,820,000.". 
10 u s e 113 note. 
(b) 
R E D E S I G N A T I O N 
OF 
COMMEMORATION 
ACCOUNT.—The 
account in the Treasury known as the "Department of Defense 
Korean Conflict Commemoration Account" is redesignated as the 
"Department of Defense Korean War Commemoration Account". 
10 use 113 note. 
(c) OTHER REFERENCES TO KOREAN WAR.—Such Section is fur-
ther amended— 
(1) in the section heading, by striking out "KOREAN CON-
FLICT" and inserting in lieu thereof "KOREAN WAR"; 
(2) by striking out "Korean conflict" each place it appears 
and inserting in lieu thereof "Korean War"; 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2135 
(3) in subsection (c), by striking out "names 'The Depart-
ment of Defense Korean Conflict Commemoration'," and insert-
ing in lieu thereof "name the 'Department of Defense Korean 
War Commemoration',"; and 
(4) in subsection (d)(1), by striking out "Korean Conflict" 
and inserting in lieu thereof "Korean War". 
(d) CROSS REFERENCES.—Any reference to the Department of lo use 113 note. 
Defense Korean Conflict Commemoration or the Department of 
Defense Korean Conflict Commemoration Account in any law, regu-
lation, document, record, or other paper of the United States shall 
be considered to be a reference to the Department of Defense 
Korean War Commemoration or the Department of Defense Korean 
War Commemoration Account, respectively. 
SEC. 
1068. DESIGNATION OF AMERICA'S NATIONAL MARITIME 16USC5409. 
MUSEUM. 
(a) IN GENERAL.—^America's National Maritime Museum is com-
prised of those museums designated by law to be museums of 
America's National Maritime Museum on the basis that they— 
(1) house a collection of maritime artifacts clearly rep-
resenting the Nation's maritime heritage; and 
(2) provide outreach programs to educate the public about 
the Nation's maritime heritage. 
(b) INITIAL DESIGNATION OF MUSEUMS.—^The following muse-
ums (meeting the criteria specified in subsection (a)) are hereby 
designated as museums of America's National Maritime Museum: 
(1) The Mariners' Museum, located at 100 Museum Drive, Virginia. 
Newport News, Virginia. 
(2) The South Street Seaport Museum, located at 207 Front 
New York. 
Street, New York, New York. 
(c) FUTURE 
DESIGNATION OF OTHER 
MUSEUMS NOT PRE-
CLUDED.—^The designation of the museums referred to in subsection 
(b) as museums of America's National Maritime Museum does not 
preclude the designation by law afler the date of the enactment 
of this Act of any other museum that meets the criteria specified 
in subsection (a) as a museum of America's National Maritime 
Museum. 
(d) REFERENCE TO MUSEUMS.—Any reference in any law, map, 
regulation, document, paper, or other record of the United States 
to a museum designated by law to be a museum of America's 
National Maritime Museum shall be deemed to be a reference 
to that museum as a museum of America's National Maritime 
Museum. 
SEC. 1069. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) The item relating to section 484 in the table of sections 
10 USC 484. 
at the beginning of chapter 23 is amended to read as follows: 
"484. Annual report on aircraft inventory.". 
(2) Section 517(a) is amended by striking out "Except as 
provided in section 307 of title 37, the" and inserting in lieu 
thereof "The". 
(3) The item relating to section 2302c in the table of sec-
tions at the beginning of chapter 137 is amended to read 
as follows: 
"2302c. Implementation of electronic commerce capability.". 
112 STAT. 2136 
PUBLIC LAW 105-261—OCT. 17, 1998 
(4) The table of subchapters at the beginning of chapter 
148 is amended— 
(A) by striking out "2491" in the item relating to sub-
chapter I and inserting in lieu thereof "2500"; and 
(B) by striking out the item relating to subchapter 
IV and inserting in lieu thereof the following: 
"IV. Manufacturing Technology 
2521". 
(5) The subchapter heading for subchapter IV of chapter 
148 is amended to read as follows: 
"SUBCHAPTER IV—MANUFACTURING TECHNOLOGY" 
(6) Section 7045(c) is amended by striking out "the" after 
"are subject to". 
(7) Section 7572(b) is repealed. 
(8) Section 12683(b)(2) is amended by striking out "; or" 
at the end and inserting in lieu thereof a period. 
Effective date. 
(b) PUBLIC LAW 105-85.—^Effective as of November 18, 1997, 
and as if included therein as enacted, the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85) is 
amended as follows: 
10use 2461 
(1) Section 389(g) (111 Stat. 1715) is amended by striking 
iiote. 
out "Secretary of Defense" and inserting in lieu thereof 
"Comptroller General". 
10 use 2221. 
(2) Section 1006(a) (111 Stat. 1869) is amended by striking 
out "or" in the quoted matter and inserting in lieu thereof 
"and". 
(3) Section 3133(b)(3) (111 Stat. 2036) is amended by strik-
ing out "III" and inserting in lieu thereof "XIV". 
(c) DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION ACT 
OF 1996.—^The Defense Against Weapons of Mass Destruction Act 
of 1996 (title XIV of Public Law 104-201) is amended as follows: 
(1) Section 1423(b)(4) (50 U.S.C. 2332(b)(4); 110 Stat. 2726) 
is amended by striking out "(22 U.S.C. 2156a(c))" and inserting 
in lieu thereof "(42 U.S.C. 2139a(c))". 
(2) Section 1441(b)(2) (50 U.S.C. 2351(b)(2); 110 Stat. 2727) 
is amended by striking out "established under section 1342" 
and inserting in lieu thereof "of the National Security Council". 
(3) Section 1444 (50 U.S.C. 2354; 110 Stat. 2730) is amend-
ed by striking out "1341" and "1342" and inserting in lieu 
thereof "1441" and "1442", respectively. 
(4) Section 1453(1) (50 U.S.C. 2363(1); 110 Stat. 2730) 
is amended by striking out "the National Defense Authorization 
Act for Fiscal Years 1993 and 1994" and inserting in lieu 
thereof "title XIV of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C. 5901 
et seq.)". 
(d) OTHER ACTS.— 
(1) Section 18(c)(1) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 416(c)(1)) is amended by striking out 
the period at the end of subparagraph (A) and inserting in 
lieu thereof a semicolon. 
(2) Section 3(c)(2) of Public Law 101-533 (22 U.S.C. 
3142(c)(2)) is amended by striking out "included in the most 
recent plan submitted to the Congress under section 2506 of 
title 10" and inserting in lieu thereof "identified in the most 
recent assessment prepared under section 2505 of title 10". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2137 
(e) COORDINATION WITH OTHER AMENDMENTS.—^For purposes 
of applying amendments made by provisions of this Act other than 
provisions of this section, this section shall be treated as having 
Deen enacted immediately before the other provisions of this Act. 
Subtitle H—Other Matters 
10 use 101 note. 
SEC. 1071. ACT CONSTITUTING PRESIDENTIAL APPROVAL OF VESSEL 
WAR RISK INSURANCE REQUESTED BY THE SECRETARY 
OF DEFENSE. 
(a) IN GENERAL.—Section 1205(b) of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1285(b)), is amended by adding at the end 
the following new sentence: 'The signature of the President (or 
of an official designated by the President) on the agreement shall 
be treated as an expression of the approval required under section 
1202(a) to provide the insurance.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply only to a signature of the President (or of an official 
designated by the President) on or after the date of the enactment 
of this Act. 
SEC. 1072. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUC-
TION ACT OF 1950. 
(a) EXTENSION OF TERMINATION DATE.—Section 717(a) of the 
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended 
by striking "September 30, 1998" and inserting "September 30, 
1999". 
(b) EXTENSION OF AUTHORIZATION.—Section 711(b) of the 
Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended 
by striking "and 1998" and inserting "1998, and 1999". 
SEC. 1073. REQUIREMENT THAT BURIAL FLAGS FURNISHED BY THE 
SECRETARY OF VETERANS AFFAIRS BE WHOLLY PRO-
DUCED IN THE UNITED STATES. 
(a) REQUIREMENT.—Section 2301 of title 38, United States Code, 
as amended by section 517, is further amended by adding at the 
end the following new subsection: 
"(g)(1) The Secretary may not procure any flag for the purposes 
of this section that is not wholly produced in the United States. 
"(2)(A) The Secretary may waive the requirement of paragraph 
(1) if the Secretary determines— 
"(i) that the requirement cannot be reasonably met; or 
"(ii) that compliance with the requirement would not be 
in the national interest of the United States. 
"(B) The Secretary shall submit to Congress in writing notice 
of a determination under subparagraph (A) not later than 30 days 
after the date on which such determination is made. 
"(3) For the purpose of paragraph (1), a flag shall be considered 
to be wholly produced in the United States only if— 
"(A) the materials and components of the flag are entirely 
grown, manufactured, or created in the United States; 
"(B) the processing (including spinning, weaving, dyeing, 
and finishing) of such materials and components is entirely 
performed in the United States; and 
"(C) the manufacture and assembling of such materials 
and components into the flag is entirely performed in the United 
States.". 
Applicability. 
46 use app. 
1285 note. 
Notice. 
112 STAT. 2138 
PUBLIC LAW 105-261—OCT. 17, 1998 
Applicability. 
10 use 2301 
note. 
26 use 121 note. 
Applicability. 
4 use 115 note. 
Oregon. 
Washington. 
(b) EFFECTIVE DATE.—Subsection (g) of section 2301 of title 
38, United States Code, as added by subsection (a), shall apply 
to flags procured by the Secretary of Veterans Affairs for the pur-
poses of section 2301 of title 38, United States Code, after the 
end of the 30-day period beginning on the date of the enactment 
of this Act. 
SEC. 1074. SENSE OF CONGRESS CONCERNING TAX TREATMENT OF 
PRINCIPAL RESIDENCE OF MEMBERS OF ARMED FORCES 
WHILE AWAY FROM HOME ON ACTIVE DUTY. 
It is the sense of Congress that a member of the Armed Forces 
should be treated for purposes of section 121 of the Internal Revenue 
Code of 1986 as using property as a principal residence during 
any continuous period that the member is serving on active duty 
for 180 days or more with the Armed Forces, but only if the 
member used the property as a principal residence for any period 
during or immediately before that period of active duty. 
SEC. 1075. CLARIFICATION OF STATE AUTHORITY TO TAX COMPENSA-
TION PAID TO CERTAIN EMPLOYEES. 
(a) LIMITATION ON STATE AUTHORITY TO TAX COMPENSATION 
PAID TO INDIVIDUALS PERFORMING SERVICES AT FORT CAMPBELL, 
KENTUCKY.— 
(1) IN GENERAL.—Chapter 4 of title 4, United States Code, 
is amended by adding at the end the following: 
**§115. Limitation on State authority to tax compensation 
paid to individuals performing services at Fort 
Campbell, Kentucky 
"Pay and compensation paid to an individual for personal serv-
ices at Fort Campbell, Kentucky, shall be subject to taxation by 
the State or any political subdivision thereof of which such employee 
is a resident.". 
(2) CONFORMING AMENDMENT.—^The table of sections for 
chapter 4 of title 4, United States Code, is amended by adding 
at the end the following: 
"115. Limitation on State authority to tax compensation paid to individuals perform-
ing services at Fort Campbell, Kentucky.". 
(3) EFFECTIVE DATE.—^The amendments made by this sub-
section shall apply to pay and compensation paid after the 
date of the enactment of this Act. 
(b) CLARIFICATION OF STATE AUTHORITY TO TAX COMPENSATION 
PAID TO CERTAIN FEDERAL EMPLOYEES.— 
(1) IN GENERAL.—Section 111 of title 4, United States Code, 
is amended— 
(A) by inserting "(a) GENERAL RULE.—" before "The 
United States" the first place it appears; and 
(B) by adding at the end the following: 
"(b) TREATMENT OF CERTAIN FEDERAL EMPLOYEES EMPLOYED 
AT FEDERAL HYDROELECTRIC FACILITIES LOCATED ON THE COLUMBIA 
RIVER.—^Pay or compensation paid by the United States for personal 
services as an employee of the United States at a hydroelectric 
facility— 
"(1) which is owned by the United States; 
"(2) which is located on the Columbia River; and 
"(3) portions of which are within the States of Oregon 
and Washington, 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2139 
shall be subject to taxation by the State or any political subdivision 
thereof of which such employee is a resident. 
"(c) TREATMENT OF CERTAIN FEDERAL EMPLOYEES EMPLOYED South Dakota. 
AT FEDERAL HYDROELECTRIC FACILITIES LOCATED ON THE MISSOURI Nebraska. 
RIVER.—^Pay or compensation paid by the United States for personal 
services as an employee of the United States at a hydroelectric 
facility— 
"(1) which is owned by the United States; 
"(2) which is located on the Missouri River; and 
"(3) portions of which are within the States of South Dakota 
and Nebraska, 
shall be subject to taxation by the State or any political subdivision 
thereof of which such employee is a resident.". 
(2) EFFECTIVE DATE.—^The amendment made by this sub- 4 use ill note. 
section shall apply to pay and compensation paid after the 
date of the enactment of this Act. 
TITLE XI^DEPARTMENT OF DEFENSE 
CIVILIAN PERSONNEL 
Sec. 1101. Defense Advanced Research Projects Agency experimental personnel 
management program for technical personnel. 
Sec. 1102. Maximum pay rate comparability for faculty members of the United 
States Air Force Institute of Technology. 
Sec. 1103. Authority for release to Coast Guard of drug test results of civil service 
mariners of the Military Sealift Command. 
Sec. 1104. Limitations on back pay awards. 
Sec. 1105. Restoration of annual leave accumulated by civilian employees at instal-
lations in the Republic of Panama to be closed pursuant to the Panama 
Canal Treaty of 1977. 
Sec. 1106. Repeal of program providing preference for employment of military 
spouses in military child care facilities. 
Sec. 1107. Observance of certain holidays at duty posts outside the United States. 
Sec. 1108. Continuation of random drug testing program for certain Department of 
Defense employees. 
Sec. 1109. Department of Defense employee voluntary early retirement authority. 
SEC. 
1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY 5 USC 3104 note. 
EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM 
FOR TECHNICAL PERSONNEL. 
(a) PROGRAM AUTHORIZED.—During the 5-year period beginning 
on the date of the enactment of this Act, the Secretary of Defense 
may carry out a program of experimental use of the special person-
nel management authority provided in subsection (b) in order to 
facilitate recruitment of eminent experts in science or engineering 
for research and development projects administered by the Defense 
Advanced Research Projects Agency. 
(b) SPECIAL PERSONNEL MANAGEMENT AUTHORITY.—^Under the 
program, the Secretary may— 
(1) appoint scientists and engineers from outside the civil 
service and uniformed services (as such terms are defined in 
section 2101 of title 5, United States Code) to not more than 
20 scientific and engineering positions in the Defense Advanced 
Research Projects Agency without regard to any provision of 
title 5, United States Code, governing the appointment of 
employees in the civil service; 
(2) prescribe the rates of basic pay for positions to which 
employees are appointed under paragraph (1) at rates not in 
excess of the maximum rate of basic pay authorized for senior-
112 STAT. 2140 
PUBLIC LAW 105-261—OCT. 17, 1998 
level positions under section 5376 of title 5, United, States 
Code, notwithstanding any provision of such title governing 
the rates of pay or classification of employees in the executive 
branch; and 
(3) pay any employee appointed under paragraph (1) pay-
ments in addition to basic pay within the limit applicable 
to the employee under subsection (d)(1). 
(c) LIMITATION ON TERM OF APPOINTMENT.—(1) Except as pro-
vided in paragraph (2), the service of an employee under an appoint-
ment under subsection (b)(1) may not exceed 4 years. 
(2) The Secretary may, in the case of a particular employee, 
extend the period to which service is limited under paragraph 
(1) by up to 2 years if the Secretary determines that such action 
is necessary to promote the efficiency of the Defense Advanced 
Research Projects Agency. 
(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—<1) The total 
amount of the additional payments paid to an employee under 
subsection (b)(3) for any 12-month period may not exceed the least 
of the following amounts: 
(A) $25,000. 
(B) The amount equal to 25 percent of the employee's 
annual rate of basic pay. 
(C) The amount of the limitation that is applicable for 
a calendar year under section 5307(a)(1) of title 5, United 
States Code. 
(2) An employee appointed under subsection (b)(1) is not eligible 
for any bonus, monetary award, or other monetary incentive for 
service except for pa3mients authorized under subsection (b)(3). 
(e) PERIOD OF PROGRAM.—(1) The program authorized under 
this section shall terminate at the end of the 5-year period referred 
to in subsection (a). 
(2) After the termination of the program— 
(A) no appointment may be made under paragraph (1) 
of subsection (b); 
(B) a rate of basic pay prescribed under paragraph (2) 
of that subsection may not take effect for a position; and 
(C) no period of service may be extended under subsection 
(0(1). 
(f) SAVINGS PROVISIONS.—^In the case of an employee who, 
on the day before the termination of the program, is serving in 
a position pursuant to an appointment under subsection (b)(1)— 
(1) the termination of the program does not terminate 
the employee's emplojonent in that position before the expira-
tion of the lesser of— 
(A) the period for which the employee was appointed; 
or 
(B) the period to which the employee's service is limited 
under subsection (c), including any extension made under 
paragraph (2) of that subsection before the termination 
of the program; and 
(2) the rate of basic pay prescribed for the position under 
subsection (b)(2) may not be reduced for so long (within the 
period applicable to the employee under paragraph (1)) as the 
employee continues to serve in the position without a break 
in service. 
Deadine. 
(g) ANNUAL REPORT.—(1) Not later than October 15 of each 
Tennination 
year, beginning in 1999 and ending in 2004, the Secretary of 
date. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2141 
Defense shall submit a report on the program to the Committee 
on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives. The report submitted 
in a year shall cover the 12-month period ending on the day before 
the anniversary, in that year, of the date of the enactment of 
this Act. 
(2) The annual report shall contain, for the period covered 
by the report, the following: 
(A) A detailed discussion of the exercise of authority under 
this section. 
(B) The sources from which individuals appointed under 
subsection (b)(1) were recruited. 
(C) The methodology used for identifying and selecting 
such individuals. 
(D) Any additional information that the Secretary considers 
helpful for assessing the utility of the authority under this 
section. 
SEC. 1102. MAXIMUM PAY RATE COMPARABIUTY FOR FACULTY MEM-
BERS OF THE UNITED STATES AIR FORCE INSTITUTE OF 
TECHNOLOGY. 
Section 9314(b)(2)(B) of title 10, United States Code, is amended 
by striking out "section 5306(e)" and inserting in lieu thereof "sec-
tion 5373". 
SEC. 1103. AUTHORITY FOR RELEASE TO COAST GUARD OF DRUG TEST 
RESULTS OF CIVIL SERVICE MARINERS OF THE MILITARY 
SEAUFT COMMAND. 
(a) IN GENERAL.—Chapter 643 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 7479. Civil service mariners of Military Sealift Command: 
release of drug test results to Coast Guard 
"(a) RELEASE OF DRUG TEST RESULTS TO COAST GUARD.—^The 
Secretary of the Navy may release to the Commandant of the 
Coast Guard the results of a drug test of any employee of the 
Department of the Navy who is employed in any capacity on board 
a vessel of the Military Sealift Command. Any such release shall 
be in accordance with the standards and procedures applicable 
to the disclosure and reporting to the Coast Guard of drug tests 
results and drug test records of individuals employed on vessels 
documented under the laws of the United States. 
"(b) WAIVER.—The results of a drug test of an employee may 
be released under subsection (a) without the prior written consent 
of the employee that is otherwise required under section 503(e) 
of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note).". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"7479. Civil service mariners of Military Sealift Command: release of drug test 
results to Coast Guard.". 
SEC. 1104. LIMITATIONS ON BACK PAY AWARDS. 
(a) In General.—Section 5596(b) of title 5, United States Code, 
is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting sifter paragraph (3) the following new para-
graph: 
112 STAT. 2142 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(4) The pay, allowances, or differentials granted under this 
section for the period for which an unjustified or unwarranted 
personnel action was in effect shall not exceed that authorized 
by the applicable law, rule, regulations, or collective bargaining 
agreement under which the unjustified or unwarranted personnel 
action is found, except that in no case may pay, allowances, or 
differentials be granted under this section for a period beginning 
more than 6 years before the date of the filing of a timely appeal 
or, absent such filing, the date of the administrative determina-
tion.". 
(b) CONFORMING AMENDMENT.—Section 7121 of title 5, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(h) Settlements and awards under this chapter shall be subject 
to the limitations in section 5596(b)(4) of this title.". 
SEC. 1105. RESTORATION OF ANNUAL LEAVE ACCUMULATED 
BY 
CIVILIAN EMPLOYEES AT INSTALLATIONS IN THE REPUB-
UC OF PANAMA TO BE CLOSED PURSUANT TO THE PAN-
AMA CANAL TREATY OF 1977. 
Section 6304(d)(3)(A) of title 5, United States Code, is amended 
by inserting "the closure of an installation of the Department of 
Defense in the Republic of Panama in accordance with the Panama 
Canal Treaty of 1977," after "2687 note) during any period,". 
SEC. 1106. REPEAL OF PROGRAM PROVIDING PREFERENCE 
FOR 
EMPLOYMENT 
OF MILITARY 
SPOUSES 
IN MIUTARY 
CHILD CARE FACIUTIES. 
Section 1792 of title 10, United States Code, is amended— 
(1) by striking out subsection (d); and 
(2) by redesignating subsection (e) as subsection (d). 
SEC. 1107. OBSERVANCE OF CERTAIN HOUDAYS AT DUTY POSTS OUT-
SIDE THE UNITED STATES. 
Section 6103(b) of title 5, United States Code, is amended 
by inserting after paragraph (2) the following new paragraph: 
"(3) Instead of a holiday that is designated under subsection 
(a) to occur on a Monday, for an employee at a duty post 
outside the United States whose basic workweek is other than 
Monday through Friday, and for whom Monday is a regularly 
scheduled workday, the legal public holiday is the first workday 
of the workweek in which the Monday designated for the observ-
ance of such holiday under subsection (a) occurs.". 
5 use 7301 note. 
SEC. 1108. CONTINUATION OF RANDOM DRUG TESTING PROGRAM FOR 
CERTAIN DEPARTMENT OF DEFENSE EMPLOYEES. 
(a) CONTINUATION OF EXISTING PROGRAM.—The Secretary of 
Defense shall continue to actively carry out the drug testing pro-
gram, originally required by section 3(a) of Executive Order No. 
12564 (51 Fed. Reg. 32889; September 15, 1986), involving civilian 
employees of the Department of Defense who are considered to 
be employees in sensitive positions. The Secretary shall comply 
with the drug testing procedures prescribed pursuant to section 
4 of the Executive order. 
(b) TESTING UPON REASONABLE SUSPICION OF ILLEGAL DRUG 
USE.—^The Secretary of Defense shall ensure that the drug testing 
program referred to in subsection (a) authorizes the testing of 
a civilian employee of the Department of Defense for illegal drug 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2143 
use when there is a reasonable suspicion that the employee uses 
illegal drugs. 
(c) NOTIFICATION TO APPLICANTS.—^The Secretary of Defense 
shall notify persons who apply for employment with the Department 
of Defense that, as a condition of emplo3anent by the Department, 
the person may be required to submit to drug testing under the 
drug testing program required by Executive Order No. 12564 (51 
Fed. Reg. 32889; September 15, 1986) pursuant to the terms of 
the Executive order. 
(d) DEFINITIONS.—In this section, the terms "illegal drugs" and 
"employee in a sensitive position" have the meanings given such 
terms in section 7 of Executive Order No. 12564 (51 Fed. Reg. 
32889; September 15, 1986). 
SEC. 1109. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY 
RETIREMENT AUTHORITY. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336 of title 
5, United States Code, is amended— 
(1) in subsection (d)(2), by inserting "except in the case 
of an employee described in subsection (o)(l)," after "(2)"; and 
(2) by adding at the end the following: 
"(o)(l) An employee of the Department of Defense who is sepa-
rated from the service under conditions described in paragraph 
(2) after completing 25 years of service or after becoming 50 years 
of age and completing 20 years of service is entitled to an annuity. 
"(2) Paragraph (1) applies to an employee who— 
"(A) has been employed continuously by the Department 
of Defense for more than 30 days before the date on which 
the Secretary concerned requests the determinations required 
under subparagraph (D)(i); 
"(B) is serving under an appointment that is not limited 
by time; 
"(C) has not received a decision notice of involuntary sepa-
ration for misconduct or unacceptable performance that is pend-
ing decision; and 
"(D) is separated from the service voluntarily during a 
period in which— 
"(i) the Department of Defense or the military depart-
ment or subordinate organization within the Department 
of Defense or military department in which the employee 
is serving is undergoing a major reorganization, a major 
reduction in force, or a major transfer of function, and 
employees comprising a significant percentage of the 
employees serving in that department or organization are 
to be separated or subject to an immediate reduction in 
the rate of basic pay (without regard to subchapter VI 
of chapter 53, or comparable provisions of law), as deter-
mined by the Office of Personnel Management (under regu-
lations prescribed by the Office) upon the request of the 
Secretary concerned; and 
"(ii) the employee is within the scope of an offer of 
voluntary early retirement (as defined by organizational 
unit, occupational series or level, geographical location, 
any other similar factor that the Office of Personnel 
Management determines appropriate, or any combination 
of such definitions of scope), as determined by the Secretary 
concerned under regulations prescribed by the Office. 
112 STAT. 2144 
PUBLIC LAW 105-261—OCT. 17, 1998 
"(3) In this subsection, the term 'Secretary concerned' means— 
"(A) the Secretary of Defense, with respect to an employee 
of the Department of Defense not employed in a position in 
a military department; 
"(B) the Secretary of the Army, with respect to an employee 
of the Department of the Army; 
"(C) the Secretary of the Navy, with respect to an employee 
of the Department of the Navy; and 
"(D) the Secretary of the Air Force, with respect to an 
employee of the Department of the Air Force.". 
(b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—Section 8414 
of such title is amended— 
(1) in subsection (b)(1)(B), by inserting "except in the case 
of an employee described in subsection (d)(1)," after "(B)"; and 
(2) by adding at the end the following: 
"(d)(1) An employee of the Department of Defense who is sepa-
rated from the service under conditions described in paragraph 
(2) after completing 25 years of service or after becoming 50 years 
of age and completing 20 years of service is entitled to an annuity. 
Applicability. 
"(2) Paragraph (1) applies to an employee who— 
"(A) has been employed continuously by the Department 
of Defense for more than 30 days before the date on which 
the Secretary concerned requests the determinations required 
under subparagraph (D)(i); 
"(B) is serving under an appointment that is not limited 
by time; 
"(C) has not received a decision notice of involuntary sepa-
ration for misconduct or unacceptable performance that is pend-
ing decision; and 
"(D) is separated from the service voluntarily during a 
period in which— 
"(i) the Department of Defense or the military depart-
ment or subordinate organization within the Department 
of Defense or military department in which the employee 
is serving is undergoing a major reorganization, a major 
reduction in force, or a major transfer of function, and 
employees comprising a significant percentage of the 
employees serving in that department or organization are 
to be separated or subject to an immediate reduction in 
the rate of basic pay (without regard to subchapter VI 
of chapter 53, or comparable provisions of law), as deter-
mined by the Office of Personnel Management (under regu-
lations prescribed by the Office) upon the request of the 
Secretary concerned; and 
Regulations. 
"(ii) the employee is within the scope of an offer of 
voluntary early retirement (as defined by organizational 
unit, occupational series or level, geographical location, 
any other similar factor that the Office of Personnel 
Management determines appropriate, or any combination 
of such definitions of scope), as determined by the Secretary 
concerned under regulations prescribed by the Office. 
"(3) In this subsection, the term 'Secretary concerned' means— 
"(A) the Secretary of Defense, with respect to an employee 
of the Department of Defense not employed in a position in 
a military department; 
"(B) the Secretary of the Army, with respect to an employee 
of the Department of the Army; 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2145 
"(C) the Secretary of the Navy, with respect to an employee 
of the Department of the Navy; and 
"(D) the Secretary of the Air Force, with respect to an 
employee of the Department of the Air Force.". 
(c) CONFORMING AMENDMENTS.—(1) Section 8339(h) of such 
title is amended by striking out "or (j)" in the first sentence and 
inserting in lieu thereof "(j), or (o)". 
(2) Section 8464(a)(l)(A)(i) of such title is amended by striking 
out "or (b)(1)(B)" and inserting in lieu thereof ", (b)(1)(B), or (d)". 
(d) EFFECTIVE DATE; APPLICABILITY.—The amendments made 
5 use 8336 note, 
by this section— 
(1) shall take effect on October 1, 2000; and 
(2) shall apply with respect to an approval for voluntary 
early retirement made on or after that date. 
TITLE XII—MATTERS RELATING TO 
OTHER NATIONS 
Subtitle A—United States Armed Forces in Bosnia and Herzegovina 
Sec. 1201. Findings. 
Sec. 1202. Sense of Congress. 
Sec. 1203. Presidential reports. 
Sec. 1204. Secretary of Defense reports on operations in Bosnia and Herzegovina. 
Sec. 1205. Definitions. 
Subtitle B—Matters Relating to Contingency Operations 
Sec. 1211. Report on involvement of Armed Forces in contingency and ongoing oper-
ations. 
Sec. 1212. Submission of report on objectives of a contingency operation with 
requests for funding for the operation. 
Subtitle C—Matters Relating to NATO and Europe 
Sec. 1221. Limitation on United States share of costs of NATO expansion. 
Sec. 1222. Report on military capabilities of an expanded NATO alliance. 
Sec. 1223. Reports on the development of the European security and defense 
identity. 
Subtitle D—Other Matters 
Sec. 1231. Limitation on assignment of United States forces for certain United 
Nations purposes. 
Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto Protocol to the 
United Nations Framework Convention on Climate Change. 
Sec. 1233. Defense burdensharing. 
Sec. 1234. Transfer of excess UH-1 Huey and AH-1 Cobra helicopters to foreign 
countries. 
Sec. 1235. Transfers of naval vessels to certain foreign countries. 
Sec. 1236. Repeal of landmine moratorium. 
Sec. 1237. Application of authorities under the International Emergency Economic 
Powers Act to Communist Chinese military companies. 
Subtitle A—United States Armed Forces in 
Bosnia and Herzegovina 
SEC. 1201. FINDINGS. 
Congress makes the following findings: 
(1) The contributions of the people of the United States 
and other nations have, in large measure, resulted in the 
suspension of fighting and alleviated the suffering of the people 
of Bosnia and Herzegovina since December 1995. 
(2) The 
United 
States 
has 
expended 
approximately 
$9,500,000,000 between 1992 and mid-1998 just in support 
112 STAT. 2146 
PUBLIC LAW 105-261—OCT. 17, 1998 
of the United States military operations in Bosnia to achieve 
those results. 
(3) Efforts to restore the economy and political structure 
in Bosnia and Herzegovina have achieved some success in 
accordance with the Dayton Accords. 
(4) On March 3, 1998, the President certified to Congress 
(A) that the continued presence of United States forces in 
Bosnia and Herzegovina after June 30, 1998, was required 
in order to meet the national security interests of the United 
States, and (B) that United States Armed Forces will not serve 
as, or be used as, civil police in Bosnia and Herzegovina. 
(5) With that certification, the President submitted to Con-
gress a report stating that the goal of the military presence 
in Bosnia and Herzegovina is to establish the conditions under 
which implementation of the Da3^on Accords can continue with-
out the support of a major NATO-led military force and setting 
forth the criteria for determining when that goal has been 
accomplished. 
(6) Since the administration has not specified how long 
achievement of that goal is expected to take, the mission of 
United States ground combat forces in Bosnia and Herzegovina 
is essentially of indefinite duration. 
(7) The NATO operations plan for the Stabilization Force 
(Operations Plan 10407, which went into effect on June 20, 
1998, after approval by allied foreign ministers) incorporates 
all of the benchmarks set forth in the report referred to in 
paragraph (5) and states that the Stabilization Force will 
develop detailed criteria for assessing progress in achieving 
those benchmarks in close coordination with key international 
organizations participating in civilian implementation of the 
Dayton Accords. 
(8) The military representatives of NATO member nations 
have been tasked by the North Atlantic Council to provide 
estimates of the time likely to be required for implementation 
of the Dayton Accords. 
(9) NATO has decided to conduct formal reviews when 
appropriate (but at intervals of not more than 6 months) to 
assess the security situation and the progress being made in 
the implementation of the civil aspects of the Dayton Accords. 
Those reviews will enable the Alliance to make decisions as 
to reductions in the size or the Stabilization Force, leading 
to its eventual full withdrawal. 
(10) NATO has approved the creation of a multinational 
specialized unit of gendarmes or paramilitary police composed 
of European security forces to help promote public security 
in Bosnia and Herzegovina as a part of the post-June 1998 
mission for the Stabilization Force. 
(11) The limit established for spending by the United States 
for the defense discretionary budget category for fiscal year 
1998 in the Balanced Budget and Emergency Deficit Control 
Act of 1985 does not take into account the continued deployment 
of United States forces in Bosnia and Herzegovina after June 
30, 1998, leading to the request by the President for emergency 
supplemental appropriations for the Bosnia and Herzegovina 
mission through September 30, 1998. 
(12) Amounts for Department of Defense operations in 
Bosnia and Herzegovina during fiscal year 1999 were not 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2147 
included in the budget of the President for fiscal year 1999, 
as submitted to Congress on February 2, 1998. 
(13) The President requested $1,858,600,000 in emergency 
appropriations in his March 4, 1998, amendment to the fiscal 
year 1999 budget to cover the shortfall in funding in fiscal 
year 1999 for the costs of extending the mission in Bosnia. 
SEC. 1202. SENSE OF CONGRESS. 
(a) SENSE OF CONGRESS CONCERNING UNITED STATES FORCES 
AND ACCOMPLISHMENT OF TASKS IN BOSNIA AND HERZEGOVINA.— 
It is the sense of Congress that— 
(1) United States ground combat forces should not remain 
in Bosnia and Herzegovina indefinitely in view of the worldwide 
commitments of the Armed Forces of the United States; 
(2) the President should work with NATO allies and the 
other nations whose military forces are participating in the 
NATO-led Stabilization Force to withdraw United States 
ground combat forces from Bosnia and Herzegovina within 
a reasonable period of time, consistent with the safety of those 
forces and the accomplishment of the Stabilization Force's mili-
tary tasks; 
(3) a NATO-led force without the participation of United 
States ground combat forces in Bosnia and Herzegovina might 
be suitable for a follow-on force for Bosnia and Herzegovina 
if the European Security and Defense Identity is not sufficiently 
developed or is otherwise considered inappropriate for such 
a mission; and 
(4) the United States may decide to provide appropriate 
support to a Western European Union-led or NATO-led follow-
on force for Bosnia and Herzegovina, including command and 
control, intelligence, logistics, and, if necessary, a ready reserve 
force in the region. 
(b) SENSE OF CONGRESS CONCERNING PRESIDENTIAL ACTIONS.— 
It is the sense of Congress that the President— 
(1) should inform the European NATO allies of the expres-
sion of the sense of Congress in subsection (a) and should 
strongly urge them to undertake preparations for establishing 
a Western European Union-led or a NATO-led force as a follow-
on force to the Stabilization Force if needed to maintain peace 
and stability in Bosnia and Herzegovina; and 
(2) should consult closely with the congressional leadership 
and the congressional defense committees with respect to the 
progress being made toward achieving a sustainable peace in 
Bosnia and Herzegovina and the progress being made toward 
a reduction and ultimate withdrawal of United States ground 
combat forces from Bosnia and Herzegovina. 
(c) SENSE OF CONGRESS CONCERNING DEFENSE BUDGET.—It 
is the sense of Congress that— 
(1) the President should include in the budget for the 
Department of Defense that the President submits to Congress 
under section 1105(a) of title 31, United States Code, for each 
fiscal year sufficient amounts to pay for any proposed continu-
ation of the participation of United States forces in NATO 
operations in Bosnia and Herzegovina during that fiscal year; 
and 
112 STAT. 2148 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) amounts included in the budget for the purpose stated 
in paragraph (1) should be over and above the defense discre-
tionary estimates as identified in the Bipartisan Budget Agree-
ment of May 16, 1997 and the fiscal year 1998 concurrent 
budget resolution and not be transferred from amounts in the 
budget of any other agency of the executive branch, but instead 
should be an overall increase in the budget for the Department 
of Defense and the discretionary spending limits in the Bal-
anced Budget Act of 1997. 
SEC. 1203. PRESIDENTIAL REPORTS. 
(a) REQUIRED REPORTS.—The President shall ensure that the 
semiannual reports required by section 7(b) of the general provisions 
of chapter I of the 1998 Supplemental Appropriations and Rescis-
sions Act (Public Law 105-174; 112 Stat. 64) are submitted to 
Congress in a timely manner as long as United States ground 
combat forces continue to participate in the Stabilization Force 
(SFOR). In addition, whenever the President submits to Congress 
a request for funds for continued operations of United States forces 
in Bosnia and Herzegovina, the President shall submit a supple-
mental report providing information to update Congress on develop-
ments since the last semiannual report. 
(b) REQUIRED INFORMATION.—In addition to the information 
required by the section referred to in subsection (a) to be included 
in a report under that section, each report under that section 
or under subsection (a) shall include the following: 
(1) The expected duration of the deplojonent of United 
States ground combat forces in Bosnia and Herzegovina in 
support of implementation of the benchmarks set forth in the 
President's report of March 3, 1998 (referred to in section 
1201(5)) for achieving a sustainable peace process. 
(2) The percentage of those benchmarks that have been 
completed as of the date of the report, the percentage that 
are expected to be completed within the next reporting period, 
and the expected time for completion of the remaining tasks. 
(3) The status of the NATO force of gendarmes or para-
military police, including the mission of the force, the composi-
tion of the force, and the extent, if any, to which members 
of the Armed Forces of the United States are participating 
(or are to participate) in the force. 
(4) The military and nonmilitary missions that the Presi-
dent has directed for United States forces in Bosnia and 
Herzegovina, including a specific discussion of— 
(A) the mission of those forces, if any, in connection 
with the pursuit and apprehension of war criminals; 
(B) the mission of those forces, if any, in connection 
with civilian police functions; 
(C) the mission of those forces, if any, in connection 
with the resettlement of refugees; and 
(D) the missions undertaken by those forces, if any, 
in support of international and local civilian authorities. 
(5) An assessment of the risk for the United States forces 
in Bosnia and Herzegovina, including, for each mission identi-
fied pursuant to paragraph (4), the assessment of the Chairman 
of the Joint Chiefs of Staff regarding the nature and level 
of risk of the mission for the safety and well-being of United 
States military personnel. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2149 
(6) An assessment of the cost to the United States, by 
fiscal year, of carrying out the missions identified pursuant 
to paragraph (4) and a detailed projection of any additional 
funding that will be required by the Department of Defense 
to meet mission requirements for those operations for the 
remainder of the fiscal year. 
(7) A joint assessment by the Secretary of Defense and 
the Secretary of State of the status of planning for— 
(A) the assumption of all remaining military missions 
inside Bosnia and Herzegovina by European military and 
paramilitary forces; and 
(B) the establishment and support of a forward-based 
United States rapid response force outside of Bosnia and 
Herzegovina that would be capable of deploying rapidly 
to defeat military threats to a European follow-on force 
inside Bosnia and Herzegovina and of providing whatever 
logistical, intelligence, and air support is needed to ensure 
that a European follow-on force is fully capable of accom-
plishing its missions under the Daj^n Accords. 
SEC. 1204. SECRETARY OF DEFENSE REPORTS ON OPERATIONS IN 
BOSNIA AND HERZEGOVINA. 
(a) REPORT ON EFFECTS ON CAPABILITIES OF UNITED STATES DeadUne. 
MILITARY FORCES.—^Not later than December 15, 1998, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the effects of military operations in Bosnia and 
Herzegovina and the Balkans region on the capabilities of United 
States military forces. The report shall, in particular, describe the 
effects of those operations on the capability of United States military 
forces to conduct successfully two nearly simultaneous major theater 
wars as specified in current Defense Planning Guidance and in 
accordance with the deployment timelines called for in the war 
plans of the commanders of the unified combatant commands. 
(b) ADDITIONAL REPORTS.—^Whenever the number of United 
States ground combat forces in Bosnia and Herzegovina increases 
or decreases by 20 percent or more compared to the number of 
such forces as of the most recent previous report under this section, 
the Secretary shall submit an additional report as specified in 
subsection (a). Any such additional report shall be submitted within 
30 days of the date on which the requirement to submit the report 
becomes effective under the preceding sentence. 
(c) MATTERS TO B E INCLUDED.—The Secretary shall include 
in each report under this section information with respect to the 
effects of military operations in Bosnia and Herzegovina and the 
Balkans region on the capabilities of United States military forces 
to conduct successfully two nearly simultaneous major theater wars 
as specified in current Defense Planning Guidance and in accord-
ance with the deployment timelines called for in the war plans 
of the commanders of the unified combatant commands. Such 
information shall include information on the effects of those oper-
ations on anticipated deployment plans for major theater wars 
in Southwest Asia or on the Korean peninsula, including the follow-
ing: 
(1) Deficiencies or delays in deployment of strategic lift, 
logistics support and infrastructure, ammunition (including 
precision guided munitions), support forces, intelligence assets, 
112 STAT. 2150 
PUBLIC LAW 105-261—OCT. 17, 1998 
follow-on forces used for planned counteroffensives, and similar 
forces. 
(2) Additional planned reserve component mobilization, 
including specific units to be ordered to active duty and required 
dates for activation of presidential call-up authority. 
(3) Specific plans and timelines for redeployment of United 
States forces from Bosnia and Herzegovina, the Balkans region, 
or supporting forces in the region, to both the first and second 
major theater war. 
(4) Preventative actions or deployments involving United 
States forces in Bosnia and Herzegovina and the Balkans region 
that would be taken in the event of a single theater war 
to deter the outbreak of a second theater war. 
(5) Specific plans and timelines to replace forces deployed 
to Bosnia and Herzegovina, the Balkans region, or the 
surrounding region to maintain United States military pres-
ence. 
(6) An assessment, undertaken in consultation with the 
Chairman of the Joint Chiefs of Staff and the commanders 
of the unified combatant commands, of the level of increased 
risk to successful conduct of the major theater wars and the 
maintenance 
of 
security 
and 
stability 
in 
Bosnia 
and 
Herzegovina and the Balkans region, by the requirement to 
redeploy forces from Bosnia and the Balkans in the event 
of a major theater war. 
SEC. 1205. DEFINITIONS. 
As used in this subtitle: 
(1) DAYTON PEACE ACCORDS.—The term "Dayton Peace 
Accords" means the (General Framework Agreement for Peace 
in Bosnia and Herzegovina, initialed by the parties in Dayton, 
Ohio, on November 21, 1995, and signed in Paris on December 
14, 1995. 
(2) STABILIZATION FORCE.—The term "Stabilization Force" 
means the NATO-led force in Bosnia and Herzegovina and 
other countries in the region (referred to as "SFOR"), authorized 
under United Nations Security Council Resolution 
1088 
(December 12, 1996). 
(3) NATO.—The term "NATO" means the North Atlantic 
Treaty Organization. 
Subtitle B—Matters Relating to 
Contingency Operations 
SEC. 1211. REPORT ON INVOLVEMENT OF ARMED FORCES IN CONTIN-
GENCY AND ONGOING OPERATIONS. 
Deadline. 
(a) REPORT REQUIRED.—^Not later than January 31, 1999, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives a report on the involvement of 
the Armed Forces in major contingency operations and major 
ongoing operations since the end of the Persian Gulf War. The 
report shall include the following: 
(1) A discussion of the effects of the involvement of the 
Armed Forces in those operations on retention of personnel 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2151 
in the Armed Forces, shown in the aggregate and separately 
for officers and enlisted personnel. 
(2) The extent to which the use of combat support and 
combat service support personnel and equipment of the Armed 
Forces in those operations has resulted in shortages of Armed 
Forces personnel and equipment in other regions of the world. 
(3) The accounts from which funds have been drawn to 
pay for those operations and the specific programs for which 
those funds were available until diverted to pay for those oper-
ations. 
(4) For each such operation— 
(A) a statement of the vital interests of the United 
States that are involved in the operation or, if none, the 
interests of the United States that are involved in the 
operation and a characterization of those interests; 
(B) a statement of what clear and distinct objectives 
guide the activities of United States forces in the operation; 
and 
(C) a statement of what the President has identified 
on the basis of those objectives as the date, or the set 
of conditions, that defines the end of the operation. 
(b) FORM OF REPORT.—The report shall be submitted in 
unclassified form, but may also be submitted in a classified form 
if necessary. 
(c) MAJOR OPERATION DEFINED.—^For the purposes of this sec-
tion, a contingency operation or an ongoing operation is a major 
contingency operation or a major ongoing operation, respectively, 
if the operation involves the deployment of more than 500 members 
of the Armed Forces. 
SEC. 1212. SUBMISSION OF REPORT ON OBJECTIVES OF A CONTIN-
GENCY OPERATION WITH REQUESTS FOR FUNDING FOR 
THE OPERATION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On May 3, 1994, the President issued Presidential Deci-
sion Directive 25 declaring that American participation in 
United Nations and other peace operations would depend in 
part on whether the role of United States forces is tied to 
clear objectives and an endpoint for United States participation 
can be identified. 
(2) Between that date and mid-1998, the President and 
other executive branch officials have obligated or requested 
appropriations of approximately $9,400,000,000 for military-
related operations throughout Bosnia and Herzegovina without 
providing to Congress, in conjunction with the budget submis-
sion for any fiscal year, a strategic plan for such operations 
under the criteria set forth in that Presidential Decision Direc-
tive. 
(3) Between November 27, 1995, and mid-1998 the Presi-
dent has established three deadlines, since elapsed, for the 
termination of United 
States 
military-related 
operations 
throughout Bosnia and Herzegovina. 
(4) On December 17, 1997, the President announced that 
United States ground combat forces would remain in Bosnia 
and Herzegovina for an unknown period of time. 
(5) Approximately 47,880 United States military personnel 
(excluding personnel serving in units assigned to the Republic 
59-194 O - 98 - 11: QL 3 Part 3 
112 STAT. 2152 
PUBLIC LAW 105-261—OCT. 17, 1998 
of Korea) have participated in 14 international contingency 
operations between fiscal years 1991 and 1998. 
(6) The 1998 posture statements of the Navy and Air Force 
included declarations that the pace of military operations over 
fiscal year 1997 adversely affected the readiness of non-
deployed forces, personnel retention rates, and spare parts 
inventories of the Navy and Air Force. 
(b) INFORMATION To BE REPORTED WITH FUNDING REQUESTS.— 
Section 113 of title 10, United States Code, is amended by adding 
after subsection (1), as added by section 915, the following new 
subsection: 
"(m) INFORMATION To 
ACCOMPANY FUNDING REQUEST FOR 
CONTINGENCY OPERATiON.^Whenever the President submits to 
Congress a request for appropriations for costs associated with 
a contingency operation that involves, or likely will involve, the 
deployment of more than 500 members of the armed forces, the 
Secretary of Defense shall submit to Congress a report on the 
objectives of the operation. The report shall include a discussion 
of the following: 
"(1) What clear and distinct objectives guide the activities 
of United States forces in the operation. 
"(2) What the President has identified on the basis of 
those objectives as the date, or the set of conditions, that 
defines the endpoint of the operation.". 
Subtitle C—Matters Relating to NATO and 
Europe 
22 use 1928 
SEC. 1221. LIMITATION ON UNITED STATES SHARE OF COSTS OF NATO 
note. 
EXPANSION. 
(a) LIMITATION.—^The United States share of defined NATO 
expansion costs may not exceed the lesser of— 
(1) the amount equal to 25 percent of those costs; or 
(2) $2,000,000,000. 
(b) DEFINED NATO EXPANSION COSTS.—^For purposes of sub-
section (a), the term "defined NATO expansion costs" means the 
commonly funded costs of the North Atlantic Treaty Organization 
(NATO) during fiscal years 1999 through 2011 for enlargement 
of NATO due to the admission to NATO of Poland, Hungary, and 
the Czech Republic. 
SEC. 1222. REPORT ON MIUTARY CAPABILITIES OF AN EXPANDED 
NATO ALLIANCE. 
(a) REPORT.—^The Secretary of Defense shall prepare a report, 
in both classified and unclassified form, on the planned future 
military capabilities of the North Atlantic Treaty Organization 
(NATO) with the anticipated accession of Poland, the Czech Repub-
lic, and Hungary to the NATO alliance. The report shall set forth 
the following: 
(1) An assessment of the tactical, operational, and strategic 
military requirements, including interoperability, reinforce-
ment, and force modernization issues, as well as strategic and 
territorial issues, that are raised by the inclusion of Poland, 
the Czech Republic, and Hungary in the NATO alliance. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2153 
(2) The minimum military requirements to be satisfied 
by those countries before accession to the NATO alliance in 
April 1999. 
(3) The improvements to common alliance military assets 
that are necessary as a result of expanding the NATO alliance 
to include those nations. 
(4) The improvements to national capabilities of current 
NATO members that would be necessitated by the inclusion 
of those nations in the alliance. 
(5) The necessary improvements to national capabilities 
of the military forces of those new member nations. 
(6) Any additional necessary improvements to common alli-
ance military' assets of the military forces of those new members 
for which funds are not planned to be included in the NATO 
budget. 
(7) The additional requirements, related to NATO expan-
sion, that the United States would agree to assist each new 
member nation to meet on a bilateral basis. 
(b) MATTERS To BE INCLUDED.—The report shall include the 
following: 
(1) An assessment of the tactical and operational capabili-
ties of the military forces of Poland, the Czech Republic, and 
Hungary. 
(2) An assessment of the ability of each such new member 
nation to meet the minimum military requirements upon acces-
sion to the NATO alliance in April 1999, and the ability of 
that nation to provide logistical, command and control, and 
other vital infrastructure required for alliance defense (as speci-
fied in Article V of the NATO Charter), including a description 
in general terms of alliance plans for reinforcing each new 
NATO member nation during a crisis or war and detailing 
means for deploying both United States and other NATO forces 
from current member states and from the continental United 
States or other United States bases worldwide and, in particu-
lar, describing plans for ground reinforcement of Hungary. 
(3) An assessment of the ability of the current and new 
alliance members to deploy and sustain combat forces in alli-
ance defense missions conducted in the territory of any of 
the new member nations, as specified in Article V of the NATO 
Charter. 
(4) A description of projected defense programs through 
2009 (shown on an annual basis and cumulatively) of each 
current and new alliance member nation— 
(A) including planned investments in capabilities 
pursuant to Article V to ensure that— 
(i) the nation's military force structure, defense 
planning, command structures, and force goals promote 
NATO's capacity to project power when the security 
of a NATO member is threatened; and 
(ii) NATO members possess national military 
capabilities to rapidly deploy forces over long distances, 
sustain operations for extended periods, and operate 
jointly with the United States in high intensity con-
flicts as well as potential alliance contingency oper-
ations; 
(B) showing both planned national efforts as well as 
planned alliance common efforts; and 
112 STAT. 2154 
PUBLIC LAW 105-261—OCT. 17, 1998 
(C) describing any deficiencies in investments by cur-
rent or new alliance member nations. 
(5) A detailed comparison and description of the differences 
in scope, methodology, and assessments of common alliance 
or national responsibilities, or any other factor related to alli-
ance capabilities between (A) the report on alliance expansion 
costs prepared by the Department of Defense (in the report 
submitted to Congress in February 1998 entitled "Report to 
the Congress on the Military Requirements and Costs of NATO 
Enlargement"), and (B) the report on alliance expansion costs 
prepared by NATO collectively and referred to as the "NATO 
estimate", issued at Brussels in November 1997. 
(6) Any other factor that, in the judgment of the Secretary 
of Defense, bears upon the strategic, operational, or tactical 
military capabilities of an expanded NATO alliance. 
Deadline. 
(c) SUBMISSION OF REPORT.—^The report shall be submitted 
to Congress not later than March 15, 1999. 
22 use 1928 
SEC. 1223. REPORTS ON THE DEVELOPMENT OF THE EUROPEAN SECU-
note. 
MTY AND DEFENSE IDENTITY. 
(a) REQUIREMENT FOR REPORTS.—The Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on National Security of the House of Representatives 
in accordance with this section reports on the development of the 
European Security and Defense Identity (ESDI) within the NATO 
Alliance that would enable the Western European Union (WEU), 
with the consent of the NATO Alliance, to assume the political 
control and strategic direction of NATO assets and capabilities 
made available by the Alliance. 
(b) REPORTS TO B E SUBMITTED.—^The reports required to be 
submitted under subsection (a) are as follows: 
(1) An initial report, submitted not later than December 
15, 1998, that contains a discussion of the actions taken, and 
the plans for future actions, to build the European Security 
and Defense Identity, together with the matters required under 
subsection (c). 
(2) A semiannual report on the progress made toward 
establishing the European Security and Defense Identity, 
submitted not later than June 15 and December 15 of each 
year after 1998. 
(c) CONTENT OF REPORTS.—^The Secretary shall include in each 
report under this section the following: 
(1) A discussion of the arrangements between NATO and 
the Western European Union for the release, transfer, monitor-
ing, return, and recall of NATO assets and capabilities. 
(2) A discussion of the development of such planning and 
other capabilities by the Western European Union that are 
necessary to provide political control and strategic direction 
of NATO assets and capabilities. 
(3) A discussion of the development of terms of reference 
for the Deputy Supreme Allied Commander, Europe, with 
respect to the European Security and Defense Identity. 
(4) A discussion of the arrangements for the assignment 
or appointment of NATO officers to serve in two positions 
concurrently (commonly referred to as "dual-hatting"). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2155 
(5) A discussion of the development of the Combined Joint 
Task Force (CJTF) concept, including lessons-learned from the 
NATO-led Stabilization Force in Bosnia. 
(6) Identification within the NATO Alliance of the types 
of separable but not separate capabilities, assets, and support 
assets for Western European Union-led operations. 
(7) Identification of separable but not sepeu'ate head-
quarters, headquarters elements, and command positions for 
command and conduct of Western European Union-led oper-
ations. 
(8) The conduct by NATO, at the request of and in coordina-
tion with the Western European Union, of military plemning 
and exercises for illustrative missions. 
(9) A discussion of the sureuigements between NATO £uid 
the Western European Union for the sharing of information, 
including intelligence. 
(10) Such other information as the Secretary considers 
useful for a complete understanding of the establishment of 
the European Security and Defense Identity within the NATO 
Alliance. 
(d) TERMINATION OF REPORTING REQUIREMENT.—The require-
ment to submit reports imder subsection (b)(2) terminates upon 
the submission by the Secretary under that subsection of a report 
in which the Secretary states that the European Security and 
Defense Identity has been fully established. 
Subtitle D—Other Matters 
SEC. 1231. LIMITATION ON ASSIGNMENT OF UNITED STATES FORCES 
FOR CERTAIN UNITED NATIONS PURPOSES. 
(a) LIMITATION ON PARTICIPATION IN UNITED NATIONS RAPIDLY 
DEPLOYABLE MISSION HEADQUARTERS.—If members of the Armed 
Forces are assigned during fisced year 1999 to the United Nations 
Rapidly Deployable Mission Headqusirters, the number of members 
so assigned may not exceed eight at any time during that year. 
(b) PROfflBlTlON.—No funds available to the Department of 
10 USC 405 note. 
Defense may be used— 
(1) for a monetary contribution to the United Nations for 
the establishment of a standing international force under the 
United Nations; or 
(2) to assign or detail any member of the Armed Forces 
to duty with a United Nations Stsuid By Force. 
SEC. 1232. PROfflBlTlON ON RESTRICTION OF ARMED FORCES UNDER 
10 USC 111 note. 
KYOTO PROTOCOL TO THE UNITED NATIONS FRAME-
WORK CONVENTION ON CLIMATE CHANGE. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
no provision of the Kyoto Protocol to the United Nations Framework 
Convention on Climate Change, or any regulation issued pursuant 
to such protocol, shall restrict the training or operations of the 
United States Armed Forces or limit the military equipment pro-
cured by the United States Armed Forces. 
(b) WAIVER.—^A provision of law may not be construed as 
modifying or superseding the provisions of subsection (a) unless 
that provision of law— 
(1) specifically refers to this section; and 
112 STAT. 2156 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) specifically states that such provision of law modifies 
or supersedes the provisions of this section. 
(c) MATTERS NOT AFFECTED.—^Nothing in this section shall 
be construed to preclude the Department of Defense 
from 
implementing any measure to achieve efficiencies or for any other 
reason independent of the Kyoto Protocol. 
SEC. 1233. DEFENSE BURDENSHARING. 
Effective date. 
(a) 
REVISED 
GOALS FOR EFFORTS 
TO 
INCREASE 
ALLIED 
BURDENSHARING.—Effective October 1, 1998, subsection (a) of sec-
tion 1221 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1935; 22 U.S.C. 1928 
note) is amended— 
(1) in paragraph (2), by striking out "September 30, 1998" 
and inserting in lieu thereof "September 30, 1999"; 
(2) in paragraph (3)— 
(A) by striking out "economic" and all that follows 
through "rights" and inserting in lieu thereof "govern-
mental accountability and transparency, economic stabiliza-
tion and development, defense economic conversion, respect 
for the rule of law and internationally recognized human 
rights, and humanitarian relief efforts)"; and 
(B) by striking out "at least to a level commensurate 
to that of the United States by September 30, 1998" and 
inserting in lieu thereof "to provide such foreign assistance 
at an annual rate that is not less than one percent of 
its gross domestic product, by September 30, 1999"; and 
(3) in paragraph (4>—-
(A) by striking out "amount of; 
(B) by striking out ", or would be prepared to contrib-
ute," and inserting in lieu thereof "or has pledged to 
contribute"; and 
(C) by inserting before the period at the end the follow-
ing: "by 10 percent by September 30, 1999". 
(b) 
REVISED 
REQUIREMENT FOR REPORT ON PROGRESS IN 
INCREASING ALLIED BURDENSHARING.—Subsection (c) of such section 
is amended— 
(1) by striking out "March 1, 1998" in the matter preceding 
paragraph (1) and inserting in lieu thereof "March 1, 1999"; 
and 
(2) in paragraph (3), by striking out "March 1, 1996" and 
all that follows through the semicolon and inserting in lieu 
thereof "October 1, 1996, and ending on September 30, 1997, 
and during the period beginning on October 1, 1997, and ending 
on September 30, 1998, or, in the case of any nation for which 
the data for such periods is inadequate, the difference between 
the amounts for the latest periods for which adequate data 
is available;". 
(c) EXTENSION OF DEADLINE FOR REPORT REGARDING NATIONAL 
SECURITY BASES FOR FORWARD DEPLOYMENT AND BURDENSHARING 
RELATIONSHIPS.—Subsection (d)(2) of such section is amended by 
striking out "March 1, 1998" and inserting in lieu thereof "March 
1, 1999". 
SEC. 1234. TRANSFER OF EXCESS UH-1 HUEY AND AH-1 COBRA HELI-
COPTERS TO FOREIGN COUNTRIES. 
(a) IN GENERAL.—Chapter 153 of title 10, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2157 
"§2581. Excess UH-1 Huey and AH-1 Cobra helicopters: 
requirements for transfer to foreign countries 
"(a) REQUIREMENTS.—(1) Before an excess UH-1 Huey heli-
copter or AH-1 Cobra helicopter is transferred on a grant or sales 
basis to a foreign country for the purpose of flight operations by 
that country, the Secretary of Defense shall make all reasonable 
efforts to ensure that the helicopter receives, to the extent nec-
essary, maintenance and repair equivalent to the depot-level 
maintenance and repair (as defined in section 2460 of this title) 
that the helicopter would need were the helicopter to remain in 
operational use with the armed forces. Any such maintenance and 
repair work shall be performed at no cost to the Department of 
Defense. 
"(2) The Secretary shall make all reasonable efforts to ensure 
that maintenance and repair work described in paragraph (1) is 
performed in the United States. 
"(b) EXCEPTION.—Subsection (a) does not apply with respect 
to salvage helicopters provided to the foreign country solely as 
a source for spare parts.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2581. Excess UH-1 Huey and AH-1 Cobra helicopters: requirements for transfer 
to foreign countries.". 
SEC. 1235. TRANSFERS OF NAVAL VESSELS TO CERTAIN FOREIGN 
COUNTRIES. 
(a) TRANSFERS BY GRANT.—The Secretary of the Navy is author-
ized to transfer vessels to foreign countries on a grant basis under 
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) 
as follows: 
(1) To the Government of Argentina, the NEWPORT class 
tank landing ship NEWPORT (LST 1179). 
(2) To the Government of Greece— 
(A) the KNOX class frigate HEPBURN (FF 1055); and 
(B) the ADAMS class guided missile 
destroyers 
STRAUSS (DDG 16), SEMMS (DDG 18), and WADDELL 
(DDG 24). 
(3) To the Government of Portugal, the STALWART class 
ocean surveillance ship ASSURANCE (T-AGOS 5). 
(4) To the Government of Turkey, the KNOX class frigates 
PAUL (FF 1080), MILLER (FF 1091), and W.S. SIMMS (FF 
1059). 
(b) TRANSFERS BY SALE.—The Secretary of the Navy is author-
ized to transfer vessels to foreign countries on a sales basis under 
section 21 of the Arms Export Control Act (22 U.S.C. 2761) as 
follows: 
(1) To the Government of Brazil, the NEWPORT class 
tank landing ships CAYUGA (LST 1186) and PEORIA (LST 
1183). 
(2) To the Government of Chile— 
(A) the NEWPORT class tank landing ship SAN 
BERNARDINO (LST 1189); and 
(B) the auxiliary repair dry dock WATERFORD (ARD 
5). 
(3) To the Grovemment of Greece— 
112 STAT. 2158 
PUBLIC LAW 105-261—OCT. 17, 1998 
(A) the 
OAK RIDGE 
class 
medium 
dry 
dock 
ALAMAGORDO (ARDM 2); and 
(B) the KNOX class frigates VREELAND (FF 1068) 
and TRIPPE (FF 1075). 
(4) To the Government of Mexico— 
(A) the auxiliary repair dock SAN ONOFRE (ARD 
30); and 
(B) the KNOX class frigate PHARRIS (FF 1094). 
(5) To the Government of the Philippines, the STALWART 
class ocean surveillance ship TRIUMPH (T-AGOS 4). 
(6) To the Government of Spain, the NEWPORT class 
tank landing ships HARLAN COUNTY (LST 1196) and 
BARNSTABLE COUNTY (LST 1197). 
(7) To the Taipai Economic and Cultural Representative 
Office in the United States (the Taiwan instrumentality that 
is designated pursuant to section 10(a) of the Taiwan Relations 
Act)— 
(A) the KNOX class frigates PEARY (FF 1073), 
JOSEPH HEWES (FF 1078), COOK (FF 1083), BREWTON 
(FF 1086), KIRK (FF 1987), and BARBEY (FF 1088); 
(B) 
the 
NEWPORT 
class 
tank 
landing 
ships 
MANITOWOC (LST 1180) and SUMTER (LST 1181); 
(C) the floating dry dock COMPETENT (AFDM 6); 
and 
(D) the ANCHORAGE class dock landing ship PENSA-
COLA(LSD38). 
(8) To the Government of Turkey— 
(A) the OLIVER HAZARD PERRY class guided missile 
frigates MAHLON S. TISDALE (FFG 27), REID (FFG 30), 
and DUNCAN (FFG 10); and 
(B) the KNOX class frigates REASONER (FF 1063), 
FANNING (FF 1076), BOWEN (FF 1079), MCCANDLESS 
(FF 1084), DONALD BEARY (FF 1085), AINSWORTH (FF 
1090), THOMAS C. HART (FF 1092), and CAPODANNO 
(FF 1093). 
(9) To the Government of Venezuela, the medium auxiliary 
floating dry dock bearing hull number AFDM 2. 
(c) TRANSFERS ON A COMBINED LEASE-SALE BASIS.—The Sec-
retary of the Navy is authorized to transfer vessels to foreign 
countries on a combined lease-sale basis under sections 61 and 
21 of the Arms Export Control Act (22 U.S.C. 2796, 2761) and 
in accordance with subsection (d) as follows: 
(1) To the Government of Brazil, the CIMARRON class 
oiler MERRIMACK (AO 179). 
(2) To the Government of Greece, the KIDD class guided 
missile destroyers JQDD (DDG 993), CALLAGHAN (DDG 994), 
SCOTT (DDG 995), and CHANDLER (DDG 996). 
(d) CONDITIONS RELATING TO COMBINED LEASE-SALE TRANS-
FERS.—A transfer of a vessel on a combined lease-sale basis author-
ized by subsection (c) shall be made in accordance with the following 
requirements: 
(1) The Secretary may initially transfer the vessel by lease, 
with lease payments suspended for the term of the lease, if 
the country entering into the lease for the vessel simultaneously 
enters into a foreign military sales agreement for the transfer 
of title to the vessel. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2159 
(2) The Secretary may not deliver to the purchasing country 
title to the vessel until the purchase price of the vessel under 
such a foreign military sales agreement is paid in full. 
(3) Upon payment of the purchase price in full under such 
a sales agreement and delivery of title to the recipient country, 
the Secretary shall terminate the lease. 
(4) If the purchasing country fails to make full payment 
of the purchase price in accordance with the sales agreement 
by the date required under the sales agreement— 
(A) the sales agreement shall be immediately termi-
nated; 
(B) the suspension of lease payments under the lease 
shall be vacated; and 
(C) the United States shall be entitled to retain all 
funds received on or before the date of the termination 
under the sales agreement, up to the amount of the lease 
pajnnents due and payable under the lease and all other 
costs required by the lease to be paid to that date. 
(5) If a sales agreement is terminated pursuant to para-
graph (4), the United States shall not be required to pay any 
interest to the recipient country on any amount paid to the 
United States by the recipient country under the sales agree-
ment and not retained by the United States under the lease. 
(e) REQUIREMENT FOR PROVISION IN ADVANCE IN AN APPROPRIA-
TIONS ACT.—^Authority to transfer vessels on a sale basis under 
subsection (b) or a combined lease-sale basis under subsection (c) 
is effective only to the extent that authority to effectuate such 
transfers, together with appropriations to cover the associated cost 
(as defined in section 502 of the Congressional Budget of 1974 
(2 U.S.C. 661a)), are provided in advance in an appropriations 
Act. 
(f) 
AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN COSTS 
OF TRANSFERS.—^There is established in the Treasury of the United 
States a special account to be known as the Defense Vessels Trans-
fer Program Account. There is hereby authorized to be appropriated 
into that account such sums as may be necessary for the costs 
(as defined in section 502 of the Congressional Budget Act of 1974 
(2 U.S.C. 661a)) of the lease-sale transfers authorized by subsection 
(c). Funds in that account are available only for the purpose of 
covering those costs. 
(g) NOTIFICATION OF CONGRESS.—^Not later than 30 days after 
the date of the enactment of this Act, the Secretary of the Navy 
shall submit to Congress, for each naval vessel that is to be trans-
ferred under this section before January 1, 1999, the notifications 
required under section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 232Ij) and section 525 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public 
Law 105-118; 111 Stat. 2413). 
(h) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED 
EXCESS DEFENSE ARTICLES.—^The value of a vessel transferred to 
another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 232Ij) pursuant to authority 
provided by subsection (a) shall not be counted for the purposes 
of subsection (g) of that section in the aggregate value of excess 
defense articles transferred to countries under that section in any 
fiscal year. 
112 STAT. 2160 
PUBLIC LAW 105-261—OCT. 17, 1998 
(i) COSTS OF TRANSFERS.—^Any expense incurred by the United 
States in connection with a transfer authorized by this section 
shall be charged to the recipient (notwithstanding section 516(e)(1) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(l)) in 
the case of a transfer authorized to be made on a grant basis 
under subsection (a)). 
(j) REPAIR AND REFURBISHMENT IN UNITED STATES SHIP-
YARDS.—^To the maximum extent practicable, the Secretary of the 
Navy shall require, as a condition of the transfer of a vessel under 
this section, that the country to which the vessel is transferred 
have such repair or refurbishment of the vessel as is needed, 
before the vessel joins the naval forces of that country, performed 
at a shipyard located in the United States, including a United 
States Navy shipyard. 
(k) EXPIRATION OF AUTHORITY.—The authority to transfer a 
vessel under this section shall expire at the end of the 2-year 
period beginning on the date of the enactment of this Act. 
SEC. 1236. REPEAL OF LANDMINE MORATORIUM. 
Section 580 of the Foreign Operations Appropriations Act, 1996 
(Public Law 104-107; 110 Stat. 751), is repealed. 
50 u s e 1701 
SEC. 1237. APPLICATION OF AUTHORITIES UNDER THE INTER-
note. 
NATIONAL EMERGENCY ECONOMIC POWERS ACT TO 
COMMUNIST CHINESE MILITARY COMPANIES. 
(a) PRESIDENTIAL AUTHORITY.— 
(1) IN GENERAL.—The President may exercise lEEPA 
authorities (other than authorities relating to importation) 
without regard to section 202 of the International Emergency 
Economic Powers Act (50 U.S.C. 1701) in the case of any 
commercial activity in the United States by a person that 
is on the list published under subsection (b). 
(2) PENALTIES.—^The penalties set forth in section 206 of 
the International Emergency Economic Powers Act (50 U.S.C. 
1705) apply to violations of any license, order, or regulation 
issued under paragraph (1). 
(3) IEEPA AUTHORITIES.—^For purposes of paragraph (1), 
the term "IEEPA authorities" means the authorities set forth 
in section 203(a) of the International Emergency Economic 
Powers Act (50 U.S.C. 1702(a)). 
(b) DETERMINATION AND PUBLICATION OF COMMUNIST CHINESE 
MILITARY COMPANIES OPERATING IN UNITED STATES.— 
Federal Register, 
(1) INITIAL DETERMINATION AND PUBLICATION.—Not l a t e r 
publication. 
than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall make a determination of those 
persons operating directly or indirectly in the United States 
or any of its territories and possessions that are Communist 
Chinese military companies and shall publish a list of those 
persons in the Federal Register. 
(2) REVISIONS TO LIST.—The Secretary of Defense shall 
make additions or deletions to the list published under para-
graph (1) on an ongoing basis based on the latest information 
available. 
(3) CONSULTATION.—^The Secretary of Defense shall consult 
with the following officers in carrying out paragraphs (1) and 
(2): 
(A) The Attorney General. 
(B) The Director of Central Intelligence. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2161 
(C) The Director of the Federal Bureau of Investigation. 
(4) COMMUNIST CHINESE MILITARY COMPANY.—For purposes 
of making the determination required by paragraph (1) and 
of carrying out paragraph (2), the term "Communist Chinese 
military company" means— 
(A) any person identified in the Defense Intelligence 
Agency publication numbered VP-1920-271-90, dated 
September 1990, or PC-1921-57-95, dated October 1995, 
and any update of those publications for the purposes of 
this section; and 
(B) any other person that— 
(i) is owned or controlled by the People's Liberation 
Army; and 
(ii) is engaged in providing commercial services, 
manufacturing, producing, or exporting. 
(c) PEOPLE'S LIBERATION ARMY.—For purposes of this section, 
the term "People's Liberation Army" means the land, naval, and 
air military services, the police, and the intelligence services of 
the Communist Government of the People's Republic of China, 
and any member of any such service or of such police. 
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES 
OF 
THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition on use of funds for specified purposes. 
Sec. 1304. Limitation on use of funds for chemical weapons destruction activities in 
Russia. 
Sec. 1305. Limitation on use of funds for biological weapons proliferation prevention 
activities in Russia. 
Sec. 1306. Cooperative counter-proliferation program. 
Sec. 1307. Requirement to submit summary of amounts requested by project 
category. 
Sec. 1308. Report on biological weapons programs in Russia. 
Sec. 1309. Report on individuals with expertise in former Soviet weapons of mass 
destruction programs. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF C T R PROGRAMS.—(1) For purposes of 22 use 5952 
section 301 and other provisions of this Act, Cooperative Threat note. 
Reduction programs are the programs specified in section 1501(b) 
of the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note) (as 
amended by paragraph (2)). 
(2) Section 1501(b)(3) of such Act is amended by inserting 50USC2362 
"materials," after "components,". 
note. 
(b) FISCAL YEAR 1999 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—^As used in this title, the term "fiscal year 1999 Coopera-
tive Threat Reduction funds" means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—^Funds appropriated pursuant to 
the authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs shall be available for obligation for 
three fiscal years. 
112 STAT. 2162 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING FOR SPECIFIC PURPOSES.—Of the amounts author-
ized to be appropriated to the Department of Defense for fiscal 
year 1999 in section 301(23), $440,400,000 shall be available to 
carry out Cooperative Threat Reduction programs, of which not 
more than the following amounts may be obligated for the purposes 
specified: 
(1) For strategic offensive arms elimination in Russia, 
$142,400,000. 
(2) For strategic nuclear arms elimination in Ukraine, 
$47,500,000. 
(3) For activities to support warhead 
dismantlement 
processing in Russia, $9,400,000. 
(4) For activities associated with chemical weapons destruc-
tion in Russia, $88,400,000. 
(5) For weapons 
transportation 
security in 
Russia, 
$10,300,000. 
(6) For planning, design, and construction of a storage 
facility for Russian fissile material, $60,900,000. 
(7) For weapons storage security in Russia, $41,700,000. 
(8) For development of a cooperative program with the 
Government of Russia to eliminate the production of weapons 
grade plutonium at Russian reactors, $29,800,000. 
(9) For biological weapons proliferation prevention activi-
ties in Russia, $2,000,000. 
(10) For activities designated as Other Assessments/ 
Administrative Support, $8,000,000. 
(b) LIMITED AUTHORITY To VARY INDIVIDUAL AMOUNTS.—(1) 
If the Secretary of Defense determines that it is necessary to 
do so in the national interest, the Secretary may, subject to para-
graphs (2) and (3), obligate amounts for the purposes stated in 
any of the paragraphs of subsection (a) in excess of the amount 
specified for those purposes in that paragraph. However, the total 
amount obligated for the purposes stated in the paragraphs in 
subsection (a) may not by reason of the use of the authority provided 
in the preceding sentence exceed the sum of the amounts specified 
in those paragraphs. 
(2) An obligation for the purposes stated in any of the para-
graphs in subsection (a) in excess of the amount specified in that 
paragraph may be made using the authority provided in paragraph 
(1) only after— 
(A) the Secretary submits to Congress notification of the 
intent to do so together with a complete discussion of the 
justification for doing so; and 
(B) 15 days have elapsed following the date of the notifica-
tion. 
(3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts appropriated for the purposes 
stated in any of paragraphs (3) through (10) of subsection (a) 
in excess of 115 percent of the amount stated in those paragraphs. 
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES. 
(a) IN GENERAL.—^No fiscal year 1999 Cooperative Threat 
Reduction funds, and no fiinds appropriated for Cooperative Threat 
Reduction programs for any prior fiscal year and remaining avail-
able for obligation, may be obligated or expended for any of the 
following purposes: 
-. *r-^-' 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2163 
(1) Conducting with Russia any peacekeeping exercise or 
other peacekeeping-related activity. 
(2) Provision of housing. 
(3) Provision of assistance to promote environmental res-
toration. 
(4) Provision of assistance to promote job retraining. 
(b) LIMITATION WITH RESPECT TO DEFENSE CONVERSION ASSIST-
ANCE.—None of the funds appropriated pursuant to this Act may 
be obligated or expended for the provision of assistance to Russia 
or any other state of the former Soviet Union to promote defense 
conversion. 
SEC. 1304. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS 22 USC 5952 
DESTRUCTION ACTIVITIES IN RUSSIA. 
note. 
(a) LIMITATION.—Subject to the limitation in section 1405(b) 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105-85; 111 Stat. 1961), no funds authorized to be 
appropriated for Cooperative Threat Reduction programs under this 
Act or any other Act may be obligated or expended for chemical 
weapons destruction activities in Russia (including activities for 
the planning, design, or construction of a chemical weapons destruc-
tion facility or for the dismantlement of an existing chemical weap-
ons production facility) until the President submits to Congress 
a written certification described in subsection (b). 
(b) PRESIDENTIAL CERTIFICATION.—^A certification under this 
subsection is either of the following certifications by the President: 
(1) A certification that— 
(A) Russia is making reasonable progress toward the 
implementation of the Bilateral Destruction Agreement; 
(B) the United States and Russia have made substan-
tial progress toward the resolution, to the satisfaction of 
the United States, of outstanding compliance issues under 
the Wyoming Memorandum of Understanding and the 
Bilateral Destruction Agreement; and 
(C) Russia has fully and accurately declared all 
information regarding its unitary and binary chemical 
weapons, chemical weapons facilities, and other facilities 
associated with chemical weapons. 
(2) A certification that the national security interests of 
the United States could be undermined by a policy of the 
United States not to carry out chemical weapons destruction 
activities under Cooperative Threat Reduction programs for 
which funds are authorized to be appropriated under this Act 
or any other Act for fiscal year 1999. 
(c) DEFINITIONS.—In this section: 
(1) The term "Bilateral Destruction Agreement" means the 
Agreement Between the United States of America and the 
Union of Soviet Socialist Republics on Destruction and Non-
production of Chemical Weapons and on Measures to Facilitate 
the Multilateral Convention on Banning Chemical Weapons 
signed on June 1, 1990. 
(2) The term "Wyoming Memorandum of Understanding" 
means the Memorandum of Understanding Between the 
Grovemment of the United States of America and the Govern-
ment of the Union of Soviet Socialist Republics Regarding a 
Bilateral Verification Experiment and Data Exchange Related 
112 STAT. 2164 
PUBLIC LAW 105-261—OCT. 17, 1998 
to Prohibition on Chemical Weapons, signed at Jackson Hole, 
Wyoming, on September 23, 1989. 
SEC. 1305. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS 
PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA. 
No fiscal year 1999 Cooperative Threat Reduction funds may 
be obligated or expended for biological weapons proliferation preven-
tion activities in Russia until 15 days after the date on which 
the Secretary submits to the congressional defense committees a 
report on— 
(1) whether Cooperative Threat Reduction funds provided 
for cooperative research activities at biological 
research 
institutes in Russia have been used— 
(A) to support activities to develop new strains of 
anthrax; or 
(B) for any purpose inconsistent with the objectives 
of providing such funds; and 
(2) the new strains of anthrax alleged to have been devel-
oped at a biological research institute in Russia and any efforts 
by the United States to examine such strains. 
SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM. 
(a) IN GENERAL.—Of the amount authorized to be appropriated 
in section 1302 (other than the amounts authorized to be appro-
priated in subsections (a)(1) and (a)(2) of that section) and subject 
to the limitations in that section and subsection (b), the Secretary 
of Defense may provide a country of the former Soviet Union with 
emergency assistance for removing or obtaining from that country— 
(1) weapons of mass destruction; or 
(2) materials, equipment, or technology related to the 
development or delivery of weapons of mass destruction. 
(b) CERTIFICATION REQUIRED.--(1) The Secretary may not pro-
vide assistance under subsection (a) until 15 days after the date 
that the Secretary submits to the congressional defense committees 
a certification in writing that the weapons, materials, equipment, 
or technology described in that subsection meet each of the following 
requirements: 
(A) The weapons, materials, equipment, or technology are 
at risk of being sold or otherwise transferred to a restricted 
foreign state or entity. 
(B) The transfer of the weapons, materials, equipment, 
or technology would pose a significant near-term threat to 
the national security interests of the United States or would 
significantly advance a foreign country's weapon program that 
threatens the national security interests of the United States. 
(C) Other options for securing or otherwise preventing the 
transfer of the weapons, materials, equipment, or technology 
have been considered and rejected as ineffective or inadequate. 
(2) The 15-day notice requirement in paragraph (1) may be 
waived if the Secretary determines that compliance with the 
requirement would compromise the national security interests of 
the United States. In such case, the Secretary shall promptly notify 
the congressional defense committees of the circumstances regard-
ing such determination in advance of providing assistance under 
subsection (a) and shall submit the certification required not later 
than 30 days afler providing such assistance. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2165 
(c) CONTENT OF CERTIFICATIONS.—Each certification required 
under subsection (b) shall contain information on the following 
with respect to the assistance being provided: 
(1) The specific assistance provided and the purposes for 
which the assistance is being provided. 
(2) The sources of funds for the assistance. 
(3) Whether any assistance is being provided by any other 
Federal department or agency. 
(4) The options considered and rejected for preventing the 
transfer of the weapons, materials, equipment, or technology, 
as described in subsection (b)(1)(C). 
(5) Whether funding was requested by the Secretary from 
other Federal departments or agencies. 
(6) Any additional information that the Secretary deter-
mines is relevant to the assistance being provided. 
(d) ADDITIONAL SOURCES OF FuNDiNG.~The Secretary may 
request assistance and accept funds from other Federal departments 
or agencies in carrying out this section. 
(e) DEFINITIONS.—In this section: 
(1) The term "restricted foreign state or entity", with 
respect to weapons, materials, equipment, or technology covered 
by a certification or notification of the Secretary of Defense 
under subsection (b), means— 
(A) any foreign country the government of which has 
repeatedly provided support for acts of international terror-
ism, as determined by the Secretary of State under section 
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2371); or 
(B) any foreign state or entity that the Secretary of 
Defense determines would constitute a military threat to 
the United States, its allies, or interests, if that foreign 
state or entity were to possess the weapons, materials, 
equipment, or technology. 
(2) The term "weapons of mass destruction" has the mean-
ing given that term in section 1403(1) of the Defense Against 
Weapons of Mass Destruction Act of 1996 (title XTV of Public 
Law 104-201; 50 U.S.C. 2302(1)). 
SEC. 1307. REQUIREMENT TO SUBMIT SUIMIMARY OF AMOUNTS 22USC5952 
REQUESTED BY PROJECT CATEGORY. 
note. 
(a) SUMMARY REQUIRED.—^The Secretary of Defense shall sub-
mit to Congress as part of the Secretary's annual budget request 
to Congress— 
(1) a descriptive summary, with respect to the appropria-
tions requested for Cooperative Threat Reduction programs 
for the fiscal year after the fiscal year in which the summary 
is submitted, of the amounts requested for each project category 
under each Cooperative Threat Reduction program element; 
and 
(2) a descriptive summary, with respect to appropriations 
for Cooperative Threat Reduction programs for the fiscal year 
in which the list is submitted and the previous fiscal year, 
of the amounts obligated or expended, or planned to be obligated 
or expended, for each project category under each Cooperative 
Threat Reduction program element. 
(b) DESCRIPTION OF PURPOSE AND INTENT.—^The descriptive 
summary required under subsection (a) shall include a narrative 
112 STAT. 2166 
PUBLIC LAW 105-261—OCT. 17, 1998 
description of each program and project category under each 
Cooperative Threat Reduction program element that explains the 
purpose and intent of the fiinds requested. 
SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA. 
(a) REPORT.—^Not later than March 1, 1999, the Secretary of 
Defense shall submit to the congressional defense committees a 
report, in classified and unclassified forms, containing— 
(1) an assessment of the extent of compliance by Russia 
with international agreements relating to the control of 
biological weapons; and 
(2) a detailed evaluation of the potential political and mili-
tary costs and benefits of collaborative biological pathogen 
research efforts by the United States and Russia. 
(b) CONTENT OF REPORT.—^The report required under subsection 
(a) shall include the following: 
(1) An evaluation of the extent of the control and oversight 
by the Government of Russia over the military and civilian-
military biological warfare programs formerly controlled or 
overseen by states of the former Soviet Union. 
(2) The extent and scope of continued biological warfare 
research, development, testing, and production in Russia, 
including the sites where such activity is occurring and the 
types of activity being conducted. 
(3) An assessment of compliance by Russia with the terms 
of the Biological Weapons Convention. 
(4) An identification and assessment of the measures taken 
by Russia to comply with the obligations assumed under the 
Joint Statement on Biological Weapons, agreed to by the United 
States, the United Kingdom, and Russia on September 14, 
1992. 
(5) A description of the extent to which Russia has per-
mitted individuals from the United States or other countries 
to visit military and nonmilitary biological research, develop-
ment, testing, and production sites in order to resolve ambigu-
ities regarding activities at such sites. 
(6) A description of the information provided by Russia 
about its biological weapons dismantlement efforts to date. 
(7) An assessment of the accuracy and comprehensiveness 
of declarations by Russia regarding its biological weapons 
activities. 
(8) An identification of collaborative biological research 
projects carried out by the United States and Russia for which 
Cooperative Threat Reduction fiinds have been used. 
(9) An evaluation of the political and military utility of 
prior, existing, and prospective cooperative biological pathogen 
research programs carried out between the United States and 
Russia, and an assessment of the impact of such programs 
on increasing Russian military transparency with respect to 
biological weapons activities. 
(10) An assessment of the political and military utility 
of the long-term collaborative program advocated by the 
National Academy of Sciences in its October 27, 1997 report, 
"Controlling Dangerous Pathogens: A Blueprint for U.S.-Rus-
sian Cooperation". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2167 
SEC. 1309. REPORT ON INDIVIDUALS WITH EXPERTISE IN FORMER 
SOVIET WEAPONS OF MASS DESTRUCTION PROGRAMS. 
Not later than January 31, 1999, the Secretary of Defense, 
in consultation with the Secretary of State, the Secretary of Energy, 
and any other appropriate officials, shall submit to the congressional 
defense committees a report on the number of individuals in the 
former Soviet Union who have significant expertise in the research, 
development, production, testing, and operational employment of 
ballistic missiles and weapons of mass destruction. The report shall 
contain the following: 
(1) A listing of the specific expertise of the individuals, 
by category and discipline. 
(2) An assessment of which categories of expertise would 
pose the greatest risks to the security of the United States 
if that expertise were transferred to potentially hostile states. 
(3) An estimate, by category, of the number of the individ-
uals in paragraph (1) who are fully or partly employed at 
the time the report is submitted by the military-industrial 
complex of the former Soviet Union, the number of such individ-
uals who are fully employed at the time the report is submitted 
by commercial ventures outside the military-industrial complex 
01 the former Soviet Union, and the number of such individuals 
who are unemployed and underemployed at the time the report 
is submitted. 
(4) An identification of the nature, scope, and cost of activi-
ties conducted by the United States and other countries to 
assist in the employment in nonproliferation and nonmilitary-
related endeavors and enterprises of individuals involved in 
the weapons complex of the former Soviet Union, and which 
categories of individuals are being targeted in these efforts. 
(5) An assessment of whether the activities identified under 
paragraph (4) should be reduced, maintmned, or expanded. 
T I T L E X I V — D O M E S T I C P R E P A R E D N E S S 
Defense Against 
F O R D E F E N S E A G A I N S T W E A P O N S O F 
SSi^nAcT' 
M A S S D E S T R U C T I O N 
''''"' 
Sec. 1401. Short title. 
Sec. 1402. Domestic preparedness for response to threats of terrorist use of weapons 
of mass destruction. 
Sec. 1403. Report on domestic emergency preparedness. 
Sec. 1404. Threat and risk assessments. 
Sec. 1405. Advisory panel to assess domestic response capabilities for terrorism 
involvmg weapons of mass destruction. 
SEC. 1401. SHORT TITLE. 
50USC2301 
This title may be cited as the "Defense Against Weapons of 
Mass Destruction Act of 1998". 
SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS 
50 USC 2301 
OF TERRORIST USE OF WEAPONS OF MASS DESTRUC- 
°ote 
TION. 
(a) ENHANCED RESPONSE CAPABILITY.—In Ught of the continu-
ing potential for terrorist use of weapons of masjs destruction agsdnst 
the United States and the need to develop a more fully coordinated 
response to that threat on the part of Federal, State, and local 
agencies, the President shall act to increase the effectiveness at 
112 STAT. 2168 
PUBLIC LAW 105-261—OCT. 17, 1998 
the Federal, State, and local level of the domestic emergency 
preparedness program for response to terrorist incidents involving 
weapons of mass destruction by utilizing the President's existing 
authorities to develop an integrated program that builds upon the 
program established under the Defense Against Weapons of Mass 
Destruction Act of 1996 (title XIV of Pubhc Law 104-201; 110 
Stat. 2714; 50 U.S.C. 2301 et seq.). 
President. 
(b) REPORT.—Not later than January 31, 1999, the President 
shall submit to Congress a report containing information on the 
actions taken at the Federal, State, and local level to develop 
an integrated program to prevent and respond to terrorist incidents 
involving weapons of mass destruction. 
50 use 2301 
SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS. 
Section 1051 of the National Defense Authorization Act for 
Fiscal Year 1998 (PubUc Law 105-85; 111 Stat. 1889; 31 U.S.C. 
1113 note) is amended by adding at the end the following new 
subsection: 
"(c) ANNEX ON DOMESTIC EMERGENCY PREPAREDNESS PRO-
GRAM.—As part of the annual report submitted to Congress under 
subsection (b), the President shall include an annex which provides 
the following information on the domestic emergency preparedness 
program for response to terrorist incidents involving weapons of 
mass destruction (as established under section 1402 of the Defense 
Against Weapons of Mass Destruction Act of 1998): 
"(1) Information on program responsibilities for each 
participating Federal department, agency, and bureau. 
"(2) A summary of program activities performed during 
the preceding fiscal year for each participating Federal depart-
ment, agency, and bureau. 
"(3) A summary of program obligations and expenditures 
during the preceding fiscal year for each participating Federal 
department, agency, and bureau. 
"(4) A summary of the program plan and budget for the 
current fiscal year for each participating Federal department, 
agency, and bureau. 
"(5) The program budget request for the following fiscal 
year for each participating Federal department, agency, and 
bureau. 
"(6) Recommendations for improving Federal, State, and 
local domestic emergency preparedness to respond to incidents 
involving weapons of mass destruction that have been made 
by the advisory panel to assess the capabilities of domestic 
response to terrorism involving weapons of mass destruction 
(as established under section 1405 of tne Defense Against Weap-
ons of Mass Destruction Act of 1998), and actions taken as 
a result of such recommendations. 
"(7) Additional program measures and legislative authority 
for which congressional action may be required.". 
50 use 2301 
SEC. 1404. THREAT AND RISK ASSESSMENTS. 
(a) REQUIREMENT TO DEVELOP METHODOLOGIES.—^The Attorney 
General, in consultation with the Director of the Federal Bureau 
of Investigation and representatives of appropriate Federal, State, 
and local agencies, shall develop and test metnodologies for assess-
ing the threat and risk of terrorist employment of weapons of 
mass destruction against cities and other local areas. The results 
of the tests may be used to determine the training and equipment 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2169 
requirements under the program developed under section 1402. 
The methodologies required by this subsection shall be developed 
using cities or local areas selected by the Attorney General, acting 
in consultation with the Director of the Federal Bureau of Investiga-
tion and appropriate representatives of Federal, State, and local 
agencies. 
(b) REQUIRED COMPLETION DATE.—The requirements in sub-
section (a) shall be completed not later than 1 year after the 
date of the enactment of this Act. 
SEC. 
1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE 
50 USC 2301 
CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF 
note. 
MASS DESTRUCTION. 
(a) REQUIREMENT FOR PANEL.—The Secretary of Defense, in Contracts. 
consultation with the Attorney General, the Secretary of Energy, 
the Secretary of Health and Human Services, and the Director 
of the Federal Emergency Management Agency, shall enter into 
a contract with a federally funded research and development center 
to establish a panel to assess the capabilities for domestic response 
to terrorism involving weapons of mass destruction. 
(b) COMPOSITION OF PANEL; SELECTION.~(1) The panel shall 
be composed of members who shall be private citizens of the United 
States with knowledge and expertise in emergency response mat-
ters. 
(2) Members of the panel shall be selected by the federally 
funded research and development center in accordance with the 
terms of the contract established pursuant to subsection (a). 
(c) PROCEDURES FOR PANEL.—The federally funded research 
and development center shall be responsible for establishing appro-
priate procedures for the panel, including procedures for selection 
of a panel chairman. 
(d) DUTIES OF PANEL.—The panel shall— 
(1) assess Federal agency efforts to enhance domestic 
preparedness for incidents involving weapons of mass destruc-
tion; 
(2) assess the progress of Federal training programs for 
local emergency responses to incidents involving weapons of 
mass destruction; 
(3) assess deficiencies in programs for response to incidents 
involving weapons of mass destruction, including a review of 
unfunded communications, equipment, and planning require-
ments, and the needs of maritime regions; 
(4) recommend strategies for ensuring effective coordination 
with respect to Federal agency weapons of mass destruction 
response efforts, and for ensuring fully effective local response 
capabilities for weapons of mass destruction incidents; and 
(5) assess the appropriate roles of State and local govern-
ment in funding effective local response capabilities. 
(e) DEADLINE TO ENTER INTO CONTRACT.—The Secretary of 
Defense shall enter into the contract required under subsection 
(a) not later than 60 days after the date of the enactment of 
this Act. 
(f) DEADLINE FOR SELECTION OF PANEL MEMBERS.—Selection 
of panel members shall be made not later than 30 days after 
the date on which the Secretary enters into the contract required 
by subsection (a). 
112 STAT. 2170 
PUBLIC LAW 105-261—OCT. 17, 1998 
(g) INITIAL MEETING OF THE PANEL.—^The panel shall conduct 
its first meeting not later than 30 days after the date that all 
the selections to the panel have been made. 
(h) REPORTS.—(1) Not later than 6 months after the date of 
the first meeting of the panel, the panel shall submit to the Presi-
dent and to Congress an initial report setting forth its findings, 
conclusions, and recommendations for improving Federal, State, 
and local domestic emergency preparedness to respond to incidents 
involving weapons of mass destruction. 
(2) Not later than December 15 of each year, beginning in 
1999 and ending in 2001, the panel shall submit to the President 
and to the Congress a report setting forth its findings, conclusions, 
and recommendations for improving Federal, State, and local 
domestic emergency preparedness to respond to incidents involving 
weapons of mass destruction. 
(i) COOPERATION OF OTHER AGENCIES.—(1) The panel may 
secure directly from the Department of Defense, the Department 
of Energy, the Department of Health and Human Services, the 
Department of Justice, and the Federal Emergency Management 
Agency, or any other Federal department or agency information 
that the panel considers necessary for the panel to carry out its 
duties. 
(2) The Attorney General, the Secretary of Defense, the Sec-
retary of Energy, the Secretary of Health and Human Services, 
the Director of the Federal Emergency Management Agency, and 
any other official of the United States shall provide the panel 
with full and timely cooperation in carrying out its duties under 
this section. 
(j) FUNDING.—^The Secretary of Defense shall provide the funds 
necessary for the panel to carry out its duties from the funds 
available to the Department of Defense for weapons of mass destruc-
tion preparedness initiatives. 
(k) COMPENSATION OF PANEL MEMBERS.—(1) Members of 
the 
panel shall serve without pay by reason of their work on the 
panel. 
(2) Members of the panel shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter 57 of title 5, United States 
Code, while away from their homes or regular place of business 
in performance of services for the panel. 
(1) TERMINATION OF THE PANEL.—^The panel shall terminate 
three years after the date of the appointment of the member selected 
as chairman of the panel. 
(m) DEFINITION.—In this section, the term "weapon of mass 
destruction" has the meaning given that term in section 1403(1) 
of the Defense Against Weapons of Mass Destruction Act of 1996 
(50 U.S.C. 2302(1)). 
TITLE 
XV—MATTERS 
RELATING 
TO 
ARMS CONTROL, EXPORT CONTROLS, 
AND COUNTER-PROLIFERATION 
Subtitle A—^Arms Control Matters 
Sec. 1501. One-year extension of limitation on retirement or dismantlement of 
strategic nuclear delivery systems. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2171 
Sec. 1502. Transmission of executive brandi reports providing Congress with classi-
fied summaries of arms control developments. 
Sec. 1503. Report on adequacy of emergency communications capabilities between 
United States and Russia. 
Sec. 1504. Russian nonstrategic nuclear weapons. 
Subtitle B—Satellite Export Controls 
Sec. 1511. Sense of Congress. 
Sec. 1512. Certification of exports of missile equipment or teclinology to China. 
Sec. 1513. Satellite controls under the United States Munitions List. 
Sec. 1514. National security controls on satellite export licensing. 
Sec. 1515. Report on export of satellites for la\mch by People's Republic of China. 
Sec. 1516. Related items defined. 
Subtitle C—Other Export Control Matters 
Sec. 1521. Authority for export control activities of the Department of Defense. 
Sec. 1522. Release of export information by Department of Commerce to other agen-
cies for purpose of national security assessment. 
Sec. 1523. Nuclear export reporting requirement. 
Sec. 1524. Execution of objection authority within the Department of Defense. 
Subtitle D—Counterproliferation Miitters 
Sec. 1531. One-year extension of counterproUferation authorities for support of 
United Nations Special Commission on Iraq. 
Sec. 1532. Sense of Congress on nuclear tests in South Asia. 
Sec. 1533. Report on requirements for response to increased missile threat in Asia-
Pacific region. 
Subtitle A—^Arms Control Matters 
SEC. 1501. ONE-YEAR EXTENSION OF LIMITATION ON RETIREMENT 
OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIV-
ERY SYSTEMS. 
Section 1302 of the National Defense Authorization Act for 
Fiscal Year 1998 (Pubhc Law 105-85; 111 Stat. 1948) is amended— 
(1) in subsections (a), (b), and (c)(2), by striking out "during 
fiscal year 1998" and inserting in lieu thereof "during the 
strategic delivery systems retirement limitation period"; 
(2) in subsection (c)(1), by striking out "during fiscal year 
1998"; 
(3) in subsection (d)(1)— 
(A) by striking out "for fiscal yeair 1998"; and 
(B) by striking out "during fiscal year 1998"; and 
(4) by adding at the end the following new subsection: 
"(g) 
STRATEGIC DELIVERY SYSTEMS RETEREMENT LIMITATION 
PERIOD.—For purposes of this section, the tenm 'strategic delivery 
systems retirement limitation period' means the period of fiscal 
years 1998 and 1999.". 
SEC. 1502. TRANSMISSION OF EXECUTIVE BRANCH REPORTS PROVTD- 
22 USC 2593a 
ING CONGRESS WITH CLASSIFIED SUMMARIES OF ARMS 
°ote. 
CONTROL DEVELOPMENTS. 
(a) REPORTING REQUIREMENT.—The Director of the Arms Con-
trol and Disarmament Agency (or the Secretary of State, if the 
Arms Control and Disarmament Agency becomes an element of 
the Department of State) shall transmit to the Committee on 
National Security of the House of Representatives on a periodic 
basis reports containing classified summaries of arms control devel-
opments. 
112 STAT. 2172 
PUBLIC LAW 105-261—OCT. 17, 1998 
(b) CONTENTS OF REPORTS.—^The reports required by subsection 
(a) shall include information reflecting the activities of forums estab-
lished to consider issues relating to treaty implementation and 
treaty compliance. 
SEC. 1503. REPORT ON ADEQUACY OF EMERGENCY COMMUNICATIONS 
CAPABILITIES BETWEEN UNITED STATES AND RUSSIA. 
Not later than 3 months after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the Committee 
on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives a report on the status 
and adequacy of current direct communications capabilities between 
the governments of the United States and Russia. The report shall 
identify each existing direct communications link between those 
governments and each such link that is designed to be used, or 
is available to be used, in an emergency situation. The Secretary 
shall describe in the report any shortcomings with the existing 
communications capabilities and shall include such proposals as 
the Secretary considers appropriate to improve those capabilities. 
In considering improvements to propose, the Secretary shall assess 
the feasibility and desirability of establishing a direct communica-
tions link between the commanders of appropriate United States 
unified and specified commands, including the United States Space 
Command and the United States Strategic Command, and their 
Russian counterparts. 
SEC, 1504. RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) The 7,000 to 12,000 or more nonstrategic (or "tactical") 
nuclear weapons estimated by the United States Strategic Com-
mand to be in the Russian arsenal may present the greatest 
threat of sale or theft of a nuclear warhead in the world 
today. 
(2) As the number of deployed strategic warheads in the 
Russian and United States arsenals declines to just a few 
thousand under the START accords, Russia's vast superiority 
in tactical nuclear warheads—many of which have yields 
equivalent to strategic nuclear weapons—could become strategi-
cally destabilizing. 
(3) While the United States has unilaterally reduced its 
inventory of tactical nuclear weapons by nearly 90 percent 
since the end of the Cold War, Russia is behind schedule 
in implementing the steep tactical nuclear arms reductions 
pledged by former Soviet President Gorbachev in 1991 and 
Russian President Yeltsin in 1992, perpetuating the dangers 
from Russia's tactical nuclear stockpile. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the President should call on Russia to expedite reduction of its 
tactical nuclear arsenal in accordance with the promises made 
in 1991 and 1992. 
(c) REPORT.—^Not later than March 15, 1999, the Secretary 
of Defense shall submit to Congress a report on the nonstrategic 
nuclear weapons of Russia. The report shall include— 
(1) estimates regarding the current numbers, types, yields, 
viability, and locations of those weapons; 
(2) an assessment of the strategic implications of Russia's 
nonstrategic arsenal, including the potential use of those weap-
ons in a strategic role or the use of their components in strategic 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2173 
nuclear systems and the potential of Russian superiority in 
tactical nuclear weapons to destabilize the overall nuclear bal-
ance as strategic nuclear weapons are sharply reduced under 
the START accords; 
(3) an assessment of the extent of the current threat of 
theft, sale, or unauthorized use of the warheads of those weap-
ons, including an analysis of Russian coramand and control 
as it concerns the use of tactical nuclear weapons; 
(4) a summary of past, current, and planned efforts to 
work cooperatively with Russia to account for, secure, and 
reduce Russia's stockpile of tactical nuclear weapons and associ-
ated fissile material; 
(5) a summary of how the United States would prevent, 
or plans to cope militarily with, scenarios in which a deteriora-
tion in relations with Moscow causes Russia to redeploy tactical 
nuclear weapons or in which Russia threatens to employ, or 
actually employs, tactical nuclear weapons in a local or regional 
conflict involving the United States or allies of the United 
States; and 
(6) an assessment of the steps that could be taken by 
the United States to enhance military preparedness in order 
(A) to deter any potential attempt by Russia to possibly exploit 
its advantage in tactical nuclear weapons through coercive 
"nuclear diplomacy" or on the battlefield, or (B) to counter 
Russia if Russia should make such an attempt to exploit its 
advantage in tactical nuclear weapons. 
(d) VIEWS.—^The Secretary of Defense shall include in the report 
under subsection (c) the views of the Director of Central Intelligence 
and of the commander of the United States Strategic Command. 
Subtitle B—Satellite Export Controls 
SEC. 1511. SENSE OF CONGRESS. 
22 USC 2778 
It is the sense of Congress that— 
(1) United States business interests must not be placed 
above United States national security interests; 
(2) United States foreign policy and the policies of the 
United States regarding commercial relations with other coun-
tries should affirm the importance of obsei-ving and adhering 
to the Missile Technology Control Regime (MTCR); 
(3) the United States should encourage universal observ-
ance of the Guidelines to the Missile Technology Control 
Regime; 
(4) the exportation or transfer of advanced communication 
satellites and related technologies from United States sources 
to foreign recipients should not increase the risks to the 
national security of the United States; 
(5) due to the military sensitivity of the technologies 
involved, it is in the national security interests of the United 
States that United States satellites and related items be subject 
to the same export controls that apply under United States 
law and practices to munitions; 
(6) the United States should not issue any blanket waiver 
of the suspensions contained in section 902 of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public 
Law 101-246), regarding the export of satellites of United 
112 STAT. 2174 
PUBLIC LAW 105-261—OCT. 17, 1998 
States origin intended for launch from a launch vehicle owned 
by the People's Republic of China; 
(7) the United States should pursue policies that protect 
and enhance the United States space launch industry; and 
(8) the United States should not export to the People's 
Republic of China missile equipment or technology that would 
improve the missile or space launch capabilities of the People's 
Republic of China. 
22 use 2778 
SEC. 1512. CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR 
note. 
TECHNOLOGY TO CHINA. 
The President shall certify to the Congress at least 15 days 
in advance of any export to the People's Republic of China of 
missile equipment or technology (as defined in section 74 of the 
Arms Export Control Act (22 U.S.C. 2797c)) that— 
(1) such export is not detrimental to the United States 
space launch industry; and 
(2) the missile equipment or technology, including any 
indirect technical benefit that could be derived from such 
export, will not measurably improve the missile or space launch 
capabilities of the People's Republic of China. 
22 use 2778 
SEC. 1513. SATELLITE CONTROLS UNDER THE UNITED STATES MUNI-
note- 
TIONS LIST. 
(a) CONTROL OF SATELLITES ON THE UNITED STATES MUNITIONS 
LIST.—Notwithstanding any other provision of law, all satellites 
and related items that are on the Commerce Control List of dual-
use items in the Export Administration Regulations (15 CFR part 
730 et seq.) on the date of the enactment of this Act shall be 
transferred to the United States Munitions List and controlled 
under section 38 of the Arms Export Control Act (22 U.S.C. 2778). 
(b) DEFENSE TRADE CONTROLS REGISTRATION FEES.—Section 
45 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2717) is amended— 
(1) in subsection (a)— 
(A) by striking out "$700,000" and inserting in lieu 
thereof "100 percent"; and 
(B) by striking out "(a) DEFENSE TRADE CONTROLS 
REGISTRATION FEES.—"; and 
(2) by striking out subsection (b). 
(c) EFFECTIVE DATE.—(1) Subsection (a) shall take effect on 
March 15, 1999, and shall not apply to any export license issued 
before such effective date or to any export license application made 
under the Export Administration Regulations before such effective 
date. 
(2) The amendments made by subsection (b) shall be effective 
asofOctober 1, 1998. 
(d) REPORT.—^Not later than January 1, 1999, the Secretary 
of State, in consultation with the Secretary of Defense and the 
Secretary of Commerce, shall submit to Congress a report 
containing— 
(1) a detailed description of the plans of the Department 
of State to implement the requirements of this section, including 
any organizational changes that are required and any Executive 
orders or regulations that may be required; 
(2) an identification and explanation of any steps that 
should be taken to improve the license review process for 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2175 
exports of the satellites and related items described in sub-
section (a), including measures to shorten the timelines for 
license application reviews, and any measures relating to the 
transparency of the license review process and dispute resolu-
tion procedures; 
(3) an evaluation of the adequacy of resources available 
to the Department of State, including fiscal and personnel 
resources, to carry out the additional activities required by 
this section; and 
(4) any recommendations for additional actions, including 
possible legislation, to improve the export licensing process 
under the Arms Export Control Act for the satellites and related 
items described in subsection (a). 
SEC. 1514, NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT 22USC2778 
LICENSING. 
note. 
(a) ACTIONS BY THE PRESIDENT.—Notwithstanding any other 
provision of law, the President shall take such actions as are 
necessary to implement the following requirements for improving 
national security controls in the export licensing of satellites and 
related items: 
(1) MANDATORY TECHNOLOGY CONTROL PLANS.—All export 
licenses shall require a technology transfer control plan 
approved by the Secretary of Defense and an encryption tech-
nology transfer control plan approved by the Director of the 
National Security Agency. 
(2) MANDATORY MONITORS AND REIMBURSEMENT.— 
(A) MONITORING OF PROPOSED FOREIGN LAUNCH OF SAT-
ELLITES.—In any case in which a license is approved for 
the export of a satellite or related items for launch in 
a foreign country, the Secretary of Defense shall monitor 
all aspects of the launch in order to ensure that no 
unauthorized transfer of technology occurs, including tech-
nical assistance and technical data. The costs of such mon-
itoring services shall be fully reimbursed to the Department 
of Defense by the person or entity receiving such services. 
All reimbursements received under this subparagraph shall 
be credited to current appropriations available for the pay-
ment of the costs incurred in providing such services. 
(B) CONTENTS OF MONITORING.—^T'he monitoring under 
subparagraph (A) shall cover, but not be limited to— 
(i) technical discussions and activities, including 
the 
design, development, operation, 
maintenance, 
modification, and repair of satellites, satellite compo-
nents, missiles, other equipment, launch facilities, and 
launch vehicles; 
(ii) satellite processing and launch activities, 
including launch preparation, satellite transportation, 
integration of the satellite with the launch vehicle, 
testing and checkout prior to launch, satellite launch, 
and return of equipment to the United States; 
(iii) activities relating to launch failure, delay, or 
cancellation, including post-launch failure investiga-
tions; and 
(iv) all other aspects of the launch. 
112 STAT. 2176 
PUBLIC LAW 105-261—OCT. 17, 1998 
(3) MANDATORY LICENSES FOR CRASH-INVESTIGATIONS.—In 
the event of the failure of a launch from a foreign country 
of a satellite of United States origin— 
(A) the activities of United States persons or entities 
in connection with any subsequent investigation of the 
failure are subject to the controls established under section 
38 of the Arms Export Control Act, including requirements 
for licenses issued by the Secretary of State for participa-
tion in that investigation; 
(B) officials of the Department of Defense shall monitor 
all activities associated with the investigation to insure 
against unauthorized transfer of technical data or services; 
and 
(C) the Secretary of Defense shall establish and imple-
ment a technology transfer control plan for the conduct 
of the investigation to prevent the transfer of information 
that could be used by the foreign country to improve its 
missile or space launch capabilities. 
(4) 
MANDATORY NOTIFICATION AND CERTIFICATION.—^All 
technology transfer control plans for satellites or related items 
shall require any United States person or entity involved in 
the export of a satellite of United States origin or related 
items to notify the Department of Defense in advance of all 
meetings and interactions with any foreign person or entity 
providing launch services and require the United States person 
or entity to certify after the launch that it has complied with 
this notification requirement. 
(5) MANDATORY INTELLIGENCE COMMUNITY REVIEW.—^The 
Secretary of Commerce and the Secretary of State shall provide 
to the Secretary of Defense and the Director of Central Intel-
ligence copies of all export license applications and technical 
assistance agreements submitted for approval in connection 
with launches in foreign countries of satellites to verify the 
legitimacy of the stated end-user or end-users. 
(6) 
MANDATORY SHARING OF APPROVED LICENSES AND 
AGREEMENTS.—^The Secretary of State shall provide copies of 
all approved export licenses and technical assistance agree-
ments associated with launches in foreign countries of satellites 
to the Secretaries of Defense and Energy, the Director of Cen-
tral Intelligence, and the Director of the Arms Control and 
Disarmament Agency. 
(7) MANDATORY NOTIFICATION TO CONGRESS ON LICENSES.— 
Upon issuing a license for the export of a satellite or related 
items for launch in a foreign country, the head of the depart-
ment or agency issuing the license shall so notify Congress. 
(8) MANDATORY REPORTING ON MONITORING ACTIVITIES.— 
The Secretary of Defense shall provide to Congress an annual 
report on the monitoring of all launches in foreign countries 
of satellites of United States origin. 
(9) ESTABLISHING SAFEGUARDS PROGRAM.—^The Secretary 
of Defense shall establish a program for recruiting, training, 
and maintaining a staff dedicated to monitoring launches in 
foreign countries of satellites and related items of United States 
origin. 
(b) EXCEPTION.—^This section shall not apply to the export 
of a satellite or related items for launch in, or by nationals of. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2177 
a country that is a member of the North Atlantic Treaty Organiza-
tion or that is a major non-NATO ally of the United States. 
(c) EFFECTIVE DATE.—The President shall take the actions President. 
required by subsection (a) not later than 45 days after the date 
of the enactment of this Act. 
SEC. 1515. REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEO- 
22 USC 2778 
PLE'S REPUBLIC OF CHINA. 
note. 
(a) REQUIREMENT FOR REPORT.—Each report to Congress 
submitted pursuant to subsection (b) of section 902 of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
2151 note; Public Law 101-246) to waive the restrictions contained 
in subsection (a) of that section on the export to the People's 
Republic of China of any satellite of United States origin or related 
items shall be accompanied by a detailed justification setting forth 
the following: 
(1) A detailed description of all militarily 
sensitive 
characteristics integrated within, or associated with, the sat-
ellite. 
(2) An estimate of the number of United States civilian 
contract personnel expected to be needed in country to carry 
out the proposed satellite launch. 
(3)(A) A detailed description of the United States Govern-
ment's plan to monitor the proposed satellite launch to ensure 
that no unauthorized transfer of technology occurs, together 
with an estimate of the number of officers and employees 
of the United States that are expected to be needed in country 
to carry out monitoring of the proposed satellite launch; and 
(B) the estimated cost to the Department of Defense of 
monitoring the proposed satellite launch and the amount of 
such cost that is to be reimbursed to the department. 
(4) The reasons why the proposed satellite launch is in 
the national security interest of the United States. 
(5) The impact of the proposed export on employment in 
the United States, including the number of new jobs created 
in the United States, on a State-by-State basis, as a direct 
result of the proposed export. 
(6) The number of existing jobs in the United States that 
would be lost, on a State-by-State basis, as a direct result 
of the proposed export not being licensed. 
(7) The impact of the proposed export on the balance of 
trade between the United States and the People's Republic 
of China and on reducing the current United States trade 
deficit with the People's Republic of China. 
(8) The impact of the proposed export on the transition 
of the People's Republic of China from a nonmarket economy 
to a market economy and the long-term economic benefit to 
'the United States. 
(9) The impact of the proposed export on opening new 
markets to United States-made products through the purchase 
by the People's Republic of China of United States-made goods 
and services not directly related to the proposed export. 
(10) The impact of the proposed export on reducing acts, 
policies, and practices that constitute significant trade barriers 
to United States exports or foreign direct investment in the 
People's Republic of China by United States nationals. 
112 STAT. 2178 
PUBLIC LAW 105-261—OCT. 17, 1998 
(11) The increase that will result from the proposed export 
in the overall market share of the United States for goods 
and services in comparison to Japan, France, Germany, the 
United Kingdom, and Russia. 
(12) The impact of the proposed export on the willingness 
of the People's Republic of China to modify its commercial 
and trade laws, practices, and regulations to make United 
States-made goods and services more accessible to that market. 
(13) The impact of the proposed export on the willingness 
of the People's Republic of China to reduce formal and informal 
trade barriers and tariffs, duties, and other fees on United 
States-made goods and services entering that country. 
(b) MILITARILY SENSITIVE CHARACTERISTICS DEFINED.—In this 
section, the term "militarily sensitive characteristics" includes 
antijamming capability, antennas, crosslinks, baseband processing, 
encryption devices, radiation-hardened devices, propulsion systems, 
pointing accuracy, kick motors, and other such characteristics as 
are specified by the Secretary of Defense. 
22 use 2778 
SEC. 1516. RELATED ITEMS DEFINED. 
In this subtitle, the term "related items" means the satellite 
fuel, ground support equipment, test equipment, payload adapter 
or interface hardware, replacement parts, and non-embedded solid 
propellant orbit transfer engines described in the report submitted 
to Congress by the Department of State on February 6, 1998, 
pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C. 
2778(f)). 
Subtitle C—Other Export Control Matters 
SEC. 1521. AUTHORITY FOR EXPORT CONTROL ACTIVITIES OF THE 
DEPARTMENT OF DEFENSE. 
(a) FUNCTIONS OF THE UNDER SECRETARY FOR POLICY.—Section 
134(b) of title 10, United States Code, is amended by adding at 
the end the following new paragraph: 
"(3) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Under Secretary shall have responsibility 
for supervising and directing activities of the Department of Defense 
relating to export controls.". 
(b) ESTABLISHMENT OF DEPUTY UNDER SECRETARY FOR TECH-
NOLOGY SECURITY POLICY.—(1) Chapter 4 of title 10, United States 
Code, is amended by inserting after section 134a the following 
new section: 
"§ 134b. Deputy Under Secretary of Defense for Technology 
Security Policy 
"(a) There is in the Office of the Under Secretary of Defense 
for Policy a Deputy Under Secretary of Defense for Technology 
Security Policy. 
"(b) The Deputy Under Secretary serves as the Director of 
the Defense Technology Security Administration (or any successor 
organization charged with similar responsibilities). 
"(c) The principal duties of the Deputy Under Secretary are— 
"(1) assisting the Under Secretary of Defense for Policy 
in supervising and directing the activities of the Department 
of Defense relating to export controls; and 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2179 
"(2) assisting the Under Secretary of Defense for Policy 
in developing policies and positions regarding the appropriate 
export control policies and procedures that are necessary to 
protect the national security interests of the United States. 
"(d) The Deputy Under Secretary shall perform such additional 
duties and exercise such authority as the Secretary of Defense 
may prescribe.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 134a 
the following new item: 
"134b. Deputy Under Secretary of Defense for Technology Security Policy.". 
(c) TIME FOR IMPLEMENTATION.—^The Secretary of Defense shall 
lo use 134 note, 
complete the actions necessary to implement the amendment made 
by subsection (a) and to establish the office of Deputy Under Sec-
retary of Defense for Technology Security Policy in accordance 
with section 134b of title 10, United States Code, as added by 
subsection (b), not later than 60 days after the date of the enactment 
of this Act. 
(d) REPORT.—Not later than 90 days after the date of the 
10 USC 134 note, 
enactment of this Act, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on National Security of the House of Representatives a report 
on the plans of the Secretary for implementing the amendments 
made by subsections (a) and (b). The report shall include the follow-
ing: 
(1) A description of any organizational changes that are 
to be made within the Department of Defense to implement 
those amendments. 
(2) A description of the role of the Chairman of the Joint 
Chiefs of Staff in the export control activities of the Department 
of Defense after those subsections are implemented, together 
with a discussion of how that role compares to the Chairman's 
role in those activities before the implementation of those sub-
sections. 
SEC. 1522. RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF 
50 USC app. 
COMMERCE TO OTHER AGENCIES FOR PURPOSE OF 
2404 note. 
NATIONAL SECURITY ASSESSMENT. 
(a) RELEASE OF EXPORT INFORMATION.—The Secretary of Com-
merce shall, upon the written request of an official specified in 
subsection (c), transmit to that official any information relating 
to exports that is held by the Department of Commerce and is 
requested by that official for the purpose of assessing national 
security risks. The Secretary shall transmit such information within 
10 business days after receiving such a request. 
(b) NATURE OF INFORMATION.—The information referred to in 
subsection (a) includes information concerning— 
(1) export licenses issued by the Department of Commerce; 
(2) exports that were carried out under an export license 
issued by the Department of Commerce; and 
(3) exports from the United States that were carried out 
without an export license. 
(c) REQUESTING OFFICIALS.—^The officials referred to in sub-
section (a) are the Secretary of State, the Secretary of Defense, 
the Secretary of Energy, and the Director of Central Intelligence. 
Each of those officials may delegate to any other official within 
112 STAT. 2180 
PUBLIC LAW 105-261—OCT. 17, 1998 
President. 
42 use 2155 
note. 
50 use app. 
2404 note. 
their respective departments and agency the authority to request 
information under subsection (a). 
SEC. 1523. NUCLEAR EXPORT REPORTING REQUIREMENT. 
(a) NOTIFICATION OF CONGRESS.—^The President shall notify 
Congress upon the granting of a license by the Nuclear Regulatory 
Commission for the export or reexport of any nuclear-related tech-
nology or equipment, including source material, special nuclear 
material, or equipment or material especially designed or prepared 
for the processing, use, or production of special nuclear material. 
(b) APPLICABILITY,—The requirements of this section shall apply 
only to an export or reexport to a country that— 
(1) the President has determined is a country that has 
detonated a nuclear explosive device; and 
(2) is not a member of the North Atlantic Treaty Organiza-
tion. 
SEC. 1524. EXECUTION OF OBJECTION AUTHORITY WITHIN THE 
DEPARTMENT OF DEFENSE. 
Section 1211 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1932) is amended 
by adding at the end the following new subsection: 
"(g) 
DELEGATION 
OF OBJECTION 
AUTHORITY 
WITHIN THE 
DEPARTMENT OF DEFENSE.—^For the purposes of the Department 
of Defense, the authority to issue an objection referred to in sub-
section (a) shall be executed for the Secretary of Defense by an 
official at the Assistant Secretary level within the office of the 
Under Secretary of Defense for Policy. In implementing subsection 
(a), the Secretary of Defense shall ensure that Department of 
Defense procedures maximize the ability of the Department of 
Defense to be able to issue an objection within the 10-day period 
specified in subsection (c).". 
Subtitle D—Counterproliferation Matters 
SEC. 1531. ONE-YEAR 
EXTENSION 
OF 
COUNTERPROLIFERATION 
AUTHORITIES FOR SUPPORT OF UNITED NATIONS SPE-
CIAL COMMISSION ON IRAQ. 
(a) AMOUNT AUTHORIZED FOR FISCAL YEAR 1999.—^The total 
amount of assistance for fiscal year 1999 provided by the Secretary 
of Defense under section 1505 of the Weapons of Mass Destruction 
Control Act of 1992 (22 U.S.C. 5859a) that is provided for activities 
of the Department of Defense in support of the United Nations 
Special Commission on Iraq, may not exceed $15,000,000. 
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Sub-
section (f) of section 1505 of the Weapons of Mass Destruction 
Control Act of 1992 (22 U.S.C. 5859a) is amended by striking 
out "1998" and inserting in lieu thereof "1999". 
SEC. 1532. SENSE OF CONGRESS ON NUCLEAR TESTS IN SOUTH ASIA. 
The Congress— 
(1) strongly condemns the decisions by the Governments 
of India and Pakistan to conduct nuclear tests in May 1998; 
(2) calls for the Grovemments of India and Pakistan to 
commit not to conduct any additional nuclear tests; 
(3) urges the Governments of India and Pakistan to take 
immediate steps to reduce tensions between the two countries; 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2181 
(4) urges India and Pakistan to engage in high-level dia-
logue aimed at reducing the likelihood of aimed conflict, enact-
ing confidence and security building measures, and resolving 
areas of dispute; 
(5) commends all nations to take steps which will reduce 
tensions in South Asia, including appropriate measures to pre-
vent the transfer of technology that could further exacerbate 
the arms race in South Asia, and thus avoid further deteriora-
tion of security there; 
(6) calls upon the President, leaders of all nations, and 
the United Nations to encourage a diplomatic, negotiated solu-
tion between the Governments of India and Pakistan to promote 
peace and stability in South Asia and resolve the current 
impasse; 
(7) encourages United States diplomatic leadership in 
assisting the Governments of India and Pakistan to seek a 
negotiated resolution of their 50-year conflict over the disputed 
territory in Kashmir; 
(8) urges India and Pakistan to take immediate, binding, 
and verifiable steps to roll back their nuclear programs and 
come into compliance with internationally accepted norms 
regarding the proliferation of weapons of mass destruction; 
and 
(9) urges the United States to reevaluate its bilateral rela-
tionship with India and Pakistan, in light of the new regional 
security realities in South Asia, with the goal of preventing 
further nuclear and ballistic missile proliferation, diffusing 
long-standing regional rivalries between India and Pakistan, 
and securing commitments from India and Pakistan which, 
if carried out, could result in a calibrated lifting of United 
States sanctions imposed under the Arms Export Control Act 
and the Nuclear Proliferation Prevention Act of 1994. 
SEC. 1533. REPORT ON REQUIREMENTS FOR RESPONSE TO INCREASED 
MISSILE THREAT IN ASIA-PACIFIC REGION. 
(a) STUDY.—^The Secretary of Defense shall carry out a study 
of the architecture requirements for the establishment and oper-
ation of a theater ballistic missile defense sj^stem in the Asia-
Pacific region that would have the capability to protect key regional 
allies of the United States. 
(b) REPORT.—(1) Not later than January 1, 1999, the Secretary 
shall submit to the Committee on National Security of the House 
of Representatives and the Committee on Armed Services of the 
Senate a report containing— 
(A) the results of the study conducted under subsection 
(a); 
(B) the factors used to obtain such results; and 
(C) a description of any United States missile defense sys-
tem currently deployed or under development that could be 
transferred to key allies of the United States in the Asia-
Pacific region to provide for their self-defense against limited 
ballistic missile attacks. 
(2) The report shall be submitted in both classified and unclassi-
fied form. 
112 STAT. 2182 
PUBLIC LAW 105-261—OCT. 17, 1998 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 1999. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the "Mihtary Construction 
Authorization Act for Fiscal Year 1999". 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
hority to carry out fiscal year 1998 projects. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Army: Inside the United States 
State 
Installation or location 
Amount 
Alabama 
Alaska 
California 
Georgia 
Hawaii 
Illinois 
Indiana 
Kansas 
Kentucky 
Louisiana 
Maryland 
Missouri 
New Jersey 
New York 
North Carolina 
Oklahoma 
Texas 
Utah 
Virginia 
Anniston Army Depot 
Fort Rucker 
Redstone Arsenal 
Fort Wainwright 
Fort Irwin 
Fort Benning 
Schofield Barracks 
Rock Island Arsenal 
Crane Army Ammunition Activity 
Fort Riley 
Blue Grass Army Depot 
Fort Campbell 
Fort Knox 
Fort Polk 
Fort Detrick 
Fort Meade 
Fort Leonard Wood 
Fort Monmouth 
Picatinny Arsenal 
Fort Drum 
United 
States 
Military 
Academy, 
West Point 
Fort Bragg 
Fort Sill 
McAlester Army Ammunition Plant .. 
Fort Bliss 
Fort Hood 
Fort Sam Houston 
Tooele Army Depot 
National Ground Intelligence Center, 
Charlottesville 
Fort Eustis 
Fort Myer 
$3,550,000 
$14,300,000 
$1,550,000 
$22,600,000 
$14,800,000 
$28,600,000 
$71,000,000 
$5,300,000 
$7,100,000 
$41,000,000 
$5,300,000 
$75,000,000 
$23,000,000 
$8,300,000 
$3,550,000 
$5,300,000 
$28,200,000 
$7,600,000 
$8,400,000 
$4,650,000 
$85,000,000 
$95,900,000 
$13,800,000 
$10,800,000 
$4,100,000 
$32,500,000 
$27,300,000 
$3,900,000 
$46,200,000 
$41,181,000 
$6,200,000 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2183 
Army: Inside the United States—Continued 
State 
CONUS Classified 
Installation or location 
Fort Lewis 
Classified Location 
Total 
Amount 
$18,200,000 
$4,600,000 
$768,781,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out mihtary construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Army: Outside tlie United States 
Country 
Belgium 
Kwajalein 
Installation or location 
80th Area Support Group 
Schweinfiul 
Wurzbui^ 
Camp Casey 
Camp Castle 
Camp Humphreys 
Camp Stanley 
Kwajalein Atoll 
Total 
Amount 
$6,300,000 
$18,000,000 
$4,250,000 
$21,400,000 
$18,226,000 
$8,500,000 
$5,800,000 
$48,600,000 
$131,076,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—^Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Army: Family Housing 
State 
Alahama 
Hawaii 
North Carolina 
Texas 
Virginia 
Installation or 
location 
Redstone Arsenal 
Schofield Barracks 
Fort Bragg 
Fort Hood 
Fort Lee 
Purpose 
118 Units 
64 Units 
170 Units 
154 Units 
80 Units 
Total 
Amount 
$14,000,000 
$14,700,000 
$19,800,000 
$21,600,000 
$13,000,000 
$83,100,000 
(b) 
PLANNING AND DESIGN.—^Using amounts 
appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2104(a)(5)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction d<}sign activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $6,350,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5XA), the Secretary of the Army may 
69-194 O - 98 - 12: Q
L 3 Part 3 
112 STAT. 2184 
PUBLIC LAW 105-261—OCT. 17, 1998 
improve existing military family housing units in an amount not 
to exceed $48,479,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1998, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $2,098,713,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $609,781,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $95,076,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $12,500,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$64,269,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $137,929,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $1,097,697,000. 
(6) For the construction of the missile software engineering 
annex, phase II, Redstone Arsenal, Alabama, authorized by 
section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 1998 (division B of Public Law 105-85; 111 
Stat. 1966), $13,600,000. 
(7) For the construction of a disciplinary barracks, phase 
II, Fort Leavenworth, Kansas, authorized by section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 
1998, $29,000,000. 
(8) For the construction of the whole barracks complex 
renewal. Fort Sill, Oklahoma, authorized by section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 
1998, $20,500,000. 
(9) For rail yard expansion at Fort Carson, Colorado, 
authorized by section 2101(a) of the Military Construction 
Authorization Act for Fiscal Year 1998, $23,000,000. 
(10) For the construction of an aerial gunnery range at 
Fort Drum, New York, authorized by section 2101(a) of the 
Military Construction Authorization Act for Fiscal Year 1998, 
$9,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $16,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a multipurpose 
digital training range at Fort Knox, Kentucky); 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2185 
(3) $15,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a railhead facility 
at Fort Hood, Texas); 
(4) $73,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a cadet develop-
ment center at the United States Military Academy, West Point, 
New York); 
(5) $36,000,000 (the balance of the amount authorized 
under section 2101(b) for the construction of a powerplant 
on Roi Namur Island at Kwajalein Atoll, Kwajalein); 
(6) $3,500,000 (the balance of the amount authorized under 
section 2101(a) for the construction of the whole barracks com-
plex renewal at Fort Wainwright, Alaska); 
(7) $24,500,000 (the balance of the amount authorized 
under section 2101(a) for the construction of the whole barracks 
complex renewal at Fort Riley, Kansas); and 
(8) $27,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of the whole barracks 
complex renewal at Fort Campbell, Kentucky). 
(c) ADJUSTMENTS.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (10) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $2,639,000, which represents the combination of project 
savings in military family housing construction resulting from 
favorable bids, reduced overhead costs, and cancellations due 
to force structure changes; 
(2) $3,000,000, which represents the combination of savings 
in military family housing support resulting from favorable 
bids, reduced overhead costs, and cancellations due to force 
structure changes; and 
(3) $8,000,000, which represents the combination of project 
savings in military construction resulting from favorable bids, 
reduced overhead costs, and cancellations due to force structure 
changes. 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
1998 PROJECTS. 
(a) MODIFICATION.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 1998 (division B 
of PubHc Law 105-85; 111 Stat. 1967) is amended— 
(1) in the item relating to Fort Drum, New York, by striking 
out "$24,400,000" in the amount column and inserting in lieu 
thereof "$24,900,000"; 
(2) in the item relating to Fort Sill, Oklahoma, by striking 
out "$25,000,000" in the amount column and inserting in lieu 
thereof "$28,500,000"; and 
(3) by striking out the amount identified as the total in 
the amount column and inserting in lieu thereof "$602,750,000". 
(b) CONFORMING AMENDMENTS.—Section 2104 of that Act (111 
Stat. 1968) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
out 
"$2,010,466,000" 
and 
inserting 
in 
lieu 
thereof 
"$2,013,966,000"; and 
(B) in paragraph (1), by striking out "$435,350,000" 
and inserting in lieu thereof "$438,850,000"; and 
112 STAT. 2186 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) in subsection (b)(8), by striking out "$8,500,000" and 
inserting in lieu thereof "$9,000,000". 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Authorization to accept road construction project, Marine Corps Base, 
Camp Lejeune, North Carolina. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(1), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Navy: Inside the United States 
State 
Connecticut 
District of Columbia 
Florida 
Hawaii 
Illinois 
Mississippi 
Installation or location 
Marine Corps Air Station, Yuma 
Naval Observatory Detachment, Flag-
staff 
Marine Corps Air Station, Miramar 
Marine Corps Base, Camp Pendleton ... 
Naval Air Warfare Center Weapons Di-
vision, China Lake. 
Naval Facility, San Clemente Island ... 
Naval Submarine Base, San Diego 
Naval Submarine Base, New London ... 
Naval Air Station, Key West 
Naval Air Station, Jacksonville 
Naval Air Station, Whiting Field 
Naval Station, Mayport 
Marine Corps Logistics Base, Albany ... 
Naval Submarine Base, Kings Bay 
Fleet and Industrial Supply Center, 
Pearl Harbor 
Marine Corps Air Station, Kaneohe 
Bay 
Naval 
Communications 
& 
Tele-
communications Area Master Station 
Eastern Pacific, Wahiawa 
Naval Shipyard, Pearl Harbor 
Naval Station, Pearl Harbor 
Naval Submarine Base, Pearl Harbor .. 
Navy Public Works Center, Pearl Har-
Naval Training Center, Great Lakes .... 
Naval Surface Warfare Center, Crane 
Naval Surface Warfare Center, Indian 
United States Naval Academy 
Naval Air Station, Meridian 
Naval Construction Battalion Center, 
Amount 
$11,010,000 
$990,000 
$29,570,000 
$40,430,000 
$20,640,000 
$10,140,000 
$8,350,000 
$11,400,000 
$11,330,000 
$790,000 
$3,730,000 
$1,500,000 
$1,400,000 
$6,163,000 
$2,800,000 
$2,550,000 
$9,730,000 
$46,410,000 
$1,970,000 
$11,400,000 
$18,180,000 
$8,060,000 
$28,967,000 
$19,950,000 
$11,110,000 
$13,270,000 
$4,300,000 
$3,280,000 
$10,670,000 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2187 
Navy: Inside the United States—Continued 
State 
Installation or location 
Amount 
North CaroHna 
Pennsylvania .., 
Rhode Island 
South Carolina 
Texas .... 
Virginia 
Marine 
Corps Air Station, 
Cherry 
Point 
Marine Corps Base, Camp LeJeune 
Naval Surface Warfare Center Ship 
Systems Engineering Station, Phila-
delphia 
Naval Inventory Control Point, Me-
chanicsburg 
Naval Inventory Control Point, Phila-
delphia 
Naval Education and Training Center, 
Newport 
Naval Undersea Warfare Center Divi-
sion, Newport 
Marine Corps Air Station, Beaufort 
Marine Corps Reserve 
Detachment, 
Parris Island 
Naval Weapons Station, Charleston 
Naval Station, Ingleside 
Fleet and Industrial Supply Center, 
Norfolk (Craney Island) 
Fleet Training Center, Norfolk 
Naval Air Station, Oceana 
Naval Shipyard, Norfolk, Portsmouth .. 
Naval Station, Norfolk 
Naval Surface Warfare Center, Dahl-
gren 
Washington 
Tactical Training Group Atlantic, Dam 
Neck 
Naval Shipyard, Puget Sound 
Strategic 
Weapons 
Facility 
Pacific, 
Bremerton 
$6,040,000 
$14,600,000 
$2,410,000 
$1,600,000 
$1,550,000 
$5,630,000 
$9,140,000 
$1,770,000 
$15,990,000 
$9,737,000 
$12,200,000 
$1,770,000 
$5,700,000 
$6,400,000 
$6,180,000 
$45,530,000 
$15,680,000 
$2,430,000 
$4,300,000 
$2,750,000 
Total 
$521,497,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out miUtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Navy: Outside the United States 
Country 
Italy 
United Kingdom 
Installation or location 
Naval Support Activity, Souda Bay 
Naval Activities, Guam 
Naval Support Activity, Naples 
Joint Maritime Communications Cen-
ter, St. Mawgan 
Total 
Amount 
$5,260,000 
$10,310,000 
$18,270,000 
$2,010,000 
$35,850,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
112 STAT. 2188 
PUBLIC LAW 105-261—OCT. 17, 1998 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Navy: Family Housing 
State 
Hawaii 
Installation or loca-
tion 
Naval Air Station, 
Navy Public Works 
Center, Pearl Har-
Purpose 
162 Units 
150 Units 
Total 
Amount 
$30,379,000 
$29,125,000 
$59,504,000 
(b) PLANNING 
AND DESIGN.—^Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of military family hous-
ing units in an amount not to exceed $15,618,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $227,791,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1998, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$1,812,476,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $503,997,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $35,850,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $9,900,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$60,846,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $302,913,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$915,293,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2189 
(2) $13,500,000 (the balance of the amount authorized 
under section 2202(a) for the construction of a berthing pier 
at Naval Station, Norfolk, Virginia); and 
(3) $4,000,000 (the balance of the amount authorized under 
section 2201(a) for the construction of a bachelor enlisted quar-
ters at Marine Corps Air Station, Kaneohe Bay, Hawaii). 
(c) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $7,323,000, which represents the combination of project 
savings in military family housing construction resulting from 
favorable bids, reduced overhead costs, and cancellations due 
to force structure changes; 
(2) $3,000,000, which represents the combination of savings 
in military family housing support resulting from favorable 
bids, reduced overhead costs, and cancellations due to force 
structure changes; and 
(3) $6,000,000, which represents the combination of project 
savings in military construction resulting from favorable bids, 
reduced overhead costs, and cancellations due to force structure 
changes. 
SEC. 
2205. AUTHORIZATION 
TO ACCEPT 
ROAD 
CONSTRUCTION 
PROJECT, MARINE CORPS BASE, CAMP LEJEUNE, NORTH 
CAROLINA. 
The Secretary of the Navy may accept from the State of North 
Carolina a road construction project valued at approximately 
$2,000,000, which is to be constructed at Marine Corps Base, Camp 
Lejeune, North Carolina, in accordance with plans and specifications 
acceptable to the Secretary. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
SEC. 
2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2304(a)(1), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Inside the United States 
State 
Arizona 
Arkansas 
InstaHation or location 
Maxwell Air Force Base 
Eielson Air Force Base 
Luke Air Force Base 
Little Rock Air Force Base 
Edwards Air Force Base 
Travis Air Force Base 
Vandenberg Air Force Base 
Amount 
$19,398,000 
$4,352,000 
$3,400,000 
$1,500,000 
$10,361,000 
$4,250,000 
$18,709,000 
$9,601,000 
112 STAT. 2190 
PUBLIC LAW 105-261—OCT. 17, 1998 
Air Force: Inside the United States—Continued 
State 
District of Columbia 
Hawaii 
Louisiana 
Massachusetts 
Mississippi 
Montana 
New Jersey 
New Mexico 
North Carolina 
North Dakota 
Ohio 
South Carolina 
South Dakota 
Tennessee 
Utah 
Installation or location 
United States Air Force Academy 
Boiling Air Force Base 
Eglin Air Force Base 
Eglin Auxiliary Field 9 
MacDill Air Force Base 
Tyndall Air Force Base 
Robins Air Force Base 
Hickam Air Force Base 
Mountain Home Air Force Base .... 
McConnell Air Force Base 
Barksdale Air Force Base 
Andrews Air Force Base 
Hanscom Air Force Base 
Columbus Air Force Base 
Keesler Air Force Base 
Malmstrom Air Force Base 
Indian Springs Air Force Auxiliary 
Air Field 
Nellis Air Force Base 
McGuire Air Force Base 
HoUoman Air Force Base 
Kirtland Air Force Base 
Seymour Johnson Air Force Base .. 
Grand Forks Air Force Base 
Minot Air Force Base 
Wright-Patterson Air Force Base .. 
Altus Air Force Base 
Tinker Air Force Base 
Vance Air Force Base 
Charleston Air Force Base 
Ellsworth Air Force Base 
Arnold Air Force Base 
Dyess Air Force Base 
Goodfellow Air Force Base 
Lackland Air Force Base 
Laughlin Air Force Base 
Randolph Air Force Base 
Hill Air Force Base 
Fairchild Air Force Base 
McChord Air Force Base 
Total 
Amount 
$4,413,000 
$2,948,000 
$20,437,000 
$3,837,000 
$9,808,000 
$3,600,000 
$11,894,000 
$5,890,000 
$17,897,000 
$4,450,000 
$9,300,000 
$4,448,000 
$10,000,000 
$5,700,000 
$35,526,000 
$7,900,000 
$15,013,000 
$6,378,000 
$6,044,000 
$11,100,000 
$8,574,000 
$6,100,000 
$11,486,000 
$8,500,000 
$22,000,000 
$9,300,000 
$24,985,000 
$6,223,000 
$24,330,000 
$6,500,000 
$11,600,000 
$4,750,000 
$7,300,000 
$14,930,000 
$7,315,000 
$3,166,000 
$2,600,000 
$15,220,000 
$51,847,000 
$514,880,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(2), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2191 
Air Force: Outside the United States 
Country 
Germany 
United Kingdom 
Installation or location 
Spangdahlem Air Base 
Kunsan Air Base 
Osan Air Base 
Incirlik Air Base 
Royal Air Force, Mildenhall 
Total 
Amount 
$9,501,000 
$5,958,000 
$7,496,000 
$2,949,000 
$15,838,000 
$24,960,000 
$66,702,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(a)(5)(A), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition) at the 
installations, for the purposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State 
Alabama 
Delaware 
Florida 
Mississippi 
Montana 
New Mexico 
Ohio 
Installation or loca-
tion 
Maxwell Air Force 
Base 
Eielson Air Force 
Base 
Edwards Air Force 
Base 
Vandenberg Air Force 
Dover Air Force Base 
MacDill Air Force 
Base. 
Patrick Air Force 
Base. 
Tyndall Air Force 
Base. 
Columbus Air Force 
Base. 
Keesler Air Force 
Base. 
Malmstrom Air Force 
Base. 
Offutt Air Force Base 
Offutt Air Force Base 
Ofl^itt Air Force Base 
Nellis Air Force Base 
Kirtland Air Force 
Wright-Patterson Air 
Force Base 
Dyess Air Force Base 
Sheppard Air Force 
I*urpose 
143 Units 
46 Units 
48 Units 
95 Units 
55 Units 
48 Units 
46 Units 
122 Units 
52 Units 
52 Units 
50 Units 
Ancillary Facil-
ity 
Ancillary Facil-
ity 
90 Units 
28 Units 
37 Units 
40 Units 
64 Units 
65 Units 
Amount 
$16,300,000 
$12,932,000 
$12,580,000 
$18,499,000 
$8,998,000 
$7,609,000 
$9,692,000 
$14,500,000 
$6,800,000 
$6,800,000 
$10,000,000 
$870,000 
$900,000 
$12,212,000 
$5,000,000 
$6,400,000 
$5,600,000 
$9,415,000 
$7,000,000 
112 STAT. 2192 
PUBLIC LAW 105-261—OCT. 17, 1998 
Air Force: Family Housing—Continued 
State 
Washington 
Installation or loca-
tion 
Fairchild Air Force 
Base 
Fairchild Air Force 
Base 
Purpose 
Ancillary Facil-
ity 
14 Units 
Total 
Amount 
$1,692,000 
$2,300,000 
$176,099,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(5)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing units in an amount not to exceed $11,342,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(5)(A), the Secretary of the Air Force 
may improve existing military family housing units in an amount 
not to exceed $104,108,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1998, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount 
of $1,679,978,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $514,880,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $66,702,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $8,135,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$38,092,000. 
(5) For military housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $291,549,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $785,204,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2301 of this Act may not exceed the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
(c) ADJUSTMENT,—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2193 
(1) $10,584,000, which represents the combination of project 
savings in military family housing constiniction resulting from 
favorable bids, reduced overhead costs, and cancellations due 
to force structure changes; 
(2) $2,000,000,000, which represents the combination of 
savings in military family housing support resulting from favor-
able bids, reduced overhead costs, and cancellations due to 
force structure changes; and 
(3) $12,000,000, which represents the combination of project 
savings in military construction resulting from favorable bids, 
reduced overhead costs, and cancellations due to force structure 
changes. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Repeal of fiscal year 1997 authorization of appropriations for certain 
military housing improvement program. 
Sec. 2406. Modification of authority to carry out certain fiscal year 1995 projects. 
Sec. 2407. Modification of authority to carry out fiscal year 1990 project. 
SEC. 2401. AUTHOraZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant 
to the authorization 
of appropriations in 
section 
2404(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Chemical Demilitarization .. 
Defense Logistics Agency .... 
Defense Medical Facilities 
Office 
Installation or locaition 
Aberdeen Proving Ground, Mary-
Newport Army Depot, Indiana 
Defense Fuel Support Point, Fort 
Sill, Oklahoma 
Defense Fuel Support Point, Jack-
sonville Annex, Mayport, Florida 
Defense Fuel Support Point, Jack-
Defense General Supply Center, 
Richmond (DLA), Virginia 
Defense 
Fuel 
Supply 
Center, 
Camp Shelby, Mississippi 
Defense Fuel Supply C!enter, El-
mendorf Air Force Basie, Alaska 
Defense Fuel Supply Center, Pope 
Air Force Base, North Carolina 
Various Locations 
Barksdale 
Air 
Force 
Base, 
Louisiana 
Beale Air Force Base, California ... 
Carlisle Barracks, Pennsylvania ... 
Cheatham Annex, Virginia 
Amount 
$186,350,000 
$191,550,000 
$3,500,000 
$11,020,000 
$11,000,000 
$10,500,000 
$5,300,000 
$19,500,000 
$4,100,000 
$1,300,000 
$3,450,000 
$3,500,000 
$4,678,000 
$11,300,000 
112 STAT. 2194 
PUBLIC LAW 105-261—OCT. 17, 1998 
Defense Agencies: Inside the United States—Continued 
Agency 
Defense Education Activity 
National Security Agency ... 
Special Operations 
Installation or location 
Edwards 
Air 
Force 
Base, 
California 
Eglin Air Force Base, Florida 
Fort Bragg, North Carolina 
Fort Hood, Texas 
Fort Stewart/Hunter Army Air 
Field, Georgia 
Grand 
Forks Air Force 
Base, 
North Dakota 
HoUoman Air Force Base, New 
Mexico 
Keesler 
Air 
Force 
Base, 
Mississippi 
Marine Corps Air Station, Camp 
Pendleton, California 
McChord 
Air 
Force 
Base, 
Moody Air Force Base, Georgia 
Naval 
Air Station, 
Pensacola, 
Naval 
Hospital, 
Bremerton, 
Naval 
Hospital, 
Great 
Lakes, 
Naval 
Station, 
San 
Diego, 
California 
Naval Submarine Base, Bangor, 
Washington 
Travis Air Force Base, CaUfomia .. 
Marine 
Corps 
Base, 
Camp 
LeJeune, North Carolina 
United States Military Academy, 
West Point, New York 
Fort Meade, Maryland 
Eglin Auxiliary Field 3, Florida 
Eglin Auxiliary Field 9, Florida 
Fort Campbell, Kentucky 
MacDill Air Force Base, Florida .... 
Naval Amphibious 
Base, Coro-
nado, California 
Stennis Space Center, Mississippi 
Total 
Amount 
$6,000,000 
$9,200,000 
$6,500,000 
$14,100,000 
$10,400,000 
$5,600,000 
$1,300,000 
$700,000 
$6,300,000 
$20,000,000 
$11,000,000 
$25,400,000 
$28,000,000 
$7,100,000 
$1,350,000 
$5,700,000 
$1,700,000 
$16,900,000 
$2,840,000 
$668,000 
$7,310,000 
$2,400,000 
$15,000,000 
$8,400,000 
$3,600,000 
$5,500,000 
$690,016,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2404(a)(2), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Outside the United States 
Agency 
Defense Logistics Agency .... 
Defense Medical Facilities 
Office 
Installation or location 
Lajes Field, Azores, Portugal 
Naval Air Station, Sigonella, Italy 
Amount 
$7,700,000 
$5,300,000 
7>'--'5)0"' 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2195 
Defense Agencies: Outside the United States—Continued 
Agency 
Defense Education Activity 
Special Operations 
Command 
Installation or hication 
Royal 
Air 
Force, 
Lakenheath, 
' United Kingdom 
Fort Buchanan, Puerto Rico 
Naval Activities, Guam 
Naval Station, Roosevelt Roads, 
Puerto Rico 
Total 
Amount 
$10,800,000 
$8,805,000 
$13,100,000 
$9,600,000 
$55,305,000 
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2404(a)(ll)(A), the Secretary of Defense may 
improve existing miUtary family housing units in an amount not 
to exceed $345,000. 
SEC. 2403. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(9), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 
10, United States Code. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 1998, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $2,223,260,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $369,966,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(a), $55,305,000. 
(3) For construction of the Arnmunition Demilitarization 
Facility, Pine Bluff Arsenal, Arkansas, authorized by section 
2401 of the Military Construction Authorization Act for Fiscal 
Year 1995 (division B of Public Law 103-337; 108 Stat. 3040), 
as amended by section 2407 of the Military Construction 
Authorization Act for Fiscal Year 1996 (division B of Public 
Law 104-106; 110 Stat. 539), section 2408 of the Military 
Construction Authorization Act for Fiscal Year 1998 (division 
B of Public Law 105-85; 111 Stat. 1982), and section 2406 
of this Act, $ 16,500,000. 
(4) For construction of the Ammunition Demilitarization 
Facility, Umatilla Army Depot, Oregon, authorized by section 
2401 of the Military Construction Authorization Act for Fiscal 
Year 1995, as amended by section 2407 of the Military 
Construction Authorization Act for Fiscal Year 1996, section 
2408 of the Military Construction Authorization Act for Fiscal 
Year 1998, and section 2406 of this Act, $50,950,000. 
(5) For military construction projects at Portsmouth Naval 
Hospital, Virginia, hospital replacement, authorized by section 
2401(a) of the Military Construction Authorization Act for Fis-
cal Years 1990 and 1991 (division B of Public Law 101-189; 
112 STAT. 2196 
PUBLIC LAW 105-261—OCT. 17, 1998 
106 Stat. 1640), as amended by section 2407 of this Act, 
$17,954,000. 
(6) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $13,394,000. 
(7) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$4,890,000. 
(8) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$41,005,000. 
(9) For energy conservation projects authorized by section 
2403, $46,950,000. 
(10) For base closure and realignment activities as author-
ized by the Defense Base Closure and Resdignment Act of 
1990 (part A of title XXDC of Public Law 101-510; 10 U.S.C. 
2687 note), $1,630,902,000. 
(11) For military family housing functions: 
(A) For improvement of military family housing and 
facilities, $345,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$36,899,000 of which not more than $31,139,000 may be 
obligated or expended for the leasing of military family 
housing units worldwide. 
(C) For credit to the Department of Defense Family 
Housing 
Improvement 
Fund 
established 
by 
section 
2883(a)(1) of title 10, United States Code, $2,000,000. 
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variation authorized by section 2853 of 
title 10, United States Code, and any other cost variation authorized 
by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $162,050,000 (the balance of the amount authorized 
under section 2401(a) for the construction of the Ammunition 
Demilitarization Facility at Newport Army Depot, Indiana); 
and 
(3) $158,000,000 (the balance of the amount authorized 
under section 2401(a) for the construction of the Ammunition 
Demilitarization Facility at Aberdeen Proving Ground, Mary-
land). 
(c) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (11) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $63,800,000 (of which $50,500,000 rep-
resents savings from military construction for chemical demilitariza-
tion), which represents the combination of project savings in mili-
tary construction resulting from favorable bids, reduced overhead 
costs, and cancellations due to force structure changes. 
SEC. 2405. REPEAL OF FISCAL YEAR 1997 AUTHORIZATION OF APPRO-
PRIATIONS FOR CERTAIN MILITARY HOUSING IMPROVE-
MENT PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 2406(a) of the 
Military Construction Authorization Act for Fiscal Year 1997 (divi-
sion B of Public Law 104-201; 110 Stat. 2778) is amended— 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2197 
(1) by striking out "$3,379,703,000" and inserting in lieu 
thereof "$3,374,703,000"; and 
(2) in paragraph (14), by striking out subparagraph (D). 
(b) CREDIT AND USE OF FUNDS.—Section 2404 of that Act (110 
Stat. 2777) is amended— 
(1) in subsection (a)— 
(A) by striking out "(1)" before "Of"; and 
(B) by striking out paragraph (2); and 
(2) in subsection (b)— 
(A) by striking out "(1)" before "The"; 
(B) by striking out "subsection (a)(1)" and inserting 
in Heu thereof "subsection (a)"; and 
(C) by striking out paragraph (2). 
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1995 PROJECTS. 
The table in section 2401 of the Military 
Construction 
Authorization Act for Fiscal Year 1995 (division B of Public Law 
103-337; 108 Stat. 3040), as amended by section 2407 of the Mili-
tary Construction Authorization Act for Fiscal Year 1996 (division 
B of Public Law 104^106; 110 Stat. 539) and section 2408 of 
the Military Construction Authorization Act for Fiscal Year 1998 
(division B of Public Law 105-85; 111 Stat. 1982), under the agency 
heading relating to Chemical Weapons and Munitions Destruction, 
is amended— 
(1) in the item relating to Pine Bluff Arsenal, Arkansas, 
by striking out "$134,000,000" in the amount column and 
inserting in lieu thereof "$154,400,000"; and 
(2) in the item relating to Umatilla Army Depot, Oregon, 
by striking out "$187,000,000" in the amount column and 
inserting in lieu thereof "$193,377,000". 
SEC. 2407. MODIFICATION OF AUTHORITY TO ClARRY OUT FISCAL YEAR 
1990 PROJECT. 
(a) INCREASE.—^The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 
(division B of PubUc Law 100-189; 103 Stat. 1640) is amended 
in the item relating to Portsmouth Naval Hospital, Virginia, by 
striking 
out 
"$330,000,000" 
and 
inserting 
in 
lieu 
thereof 
"$351,354,000". 
(b) CONFORMING AMENDMENT.—Section 2405(b)(2) of that Act 
(103 Stat. 1642) is amended by striking out "$321,500,000" and 
inserting in lieu thereof "$342,854,000". 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acq[uisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
112 STAT. 2198 
PUBLIC LAW 105-261—OCT. 17, 1998 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHOraZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 1998, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
program authorized by section 2501, in the amount of $154,000,000. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. 
Sec. 2602. Modification of authority to carry out fiscal year 1998 project. 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for fiscal years beginning after September 30, 
1998, for the costs of acquisition, architectural and engineering 
services, and construction of facilities for the Guard and Reserve 
Forces, and for contributions therefor, under chapter 1803 of title 
10, United States Code (including the cost of acquisition of land 
for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$142,403,000; and 
(B) for the Army Reserve, $ 102,119,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $31,621,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$169,801,000; and 
(B) for the Air Force Reserve, $34,371,000. 
(b) ADJUSTMENT.—(1) The amount authorized to be appro-
priated pursuant to subsection (a)(1)(A) is reduced by $2,000,000, 
which represents the combination of project savings in military 
construction resulting from favorable bids, reduced overhead costs, 
and cancellations due to force structure changes. 
(2) The amount authorized to be appropriated pursuant to 
subsection (a)(3)(A) is reduced by $4,000,000, which represents the 
combination of project savings in military construction resulting 
from favorable bids, reduced overhead costs, and cancellations due 
to force structure changes. 
SEC. 2602. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
1998 PROJECT. 
Section 2603 of the Military Construction Authorization Act 
for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 
1983) is amended to read as follows: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2199 
"SEC. 2603. ARMY RESERVE CONSTRUCTION PROJECT, SALT LAKE 
CITY, UTAH. 
"With regard to the military construction project for the Army 
Reserve concerning construction of a reserve center and organiza-
tional maintenance shop at an appropriate site in, or in the vicinity 
of. Salt Lake City, Utah, to be carried out using funds appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2601(a)(1)(B), the Secretary of the Army shall enter into an agree-
ment with the State of Utah under which the State agrees to 
provide financial or in-kind contributions in connection with the 
project.". 
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects. 
Sec. 2703. Extension of authorization of fiscal year 1995 project. 
Sec. 2704. Effective date. 
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LA.W. 
(a) 
EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVI for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment 
program (and authorizations of appropriations therefor) shall expire 
on the later of— 
(l)October 1,2001; or 
(2) the date of enactment of an Act authorizing funds 
for military construction for fiscal year 2002. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2001; or 
(2) the date of enactment of an Act authorizing funds 
for fiscal year 2002 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organi2;ation Security Invest-
ment program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1996 PROJECTS. 
(a) EXTENSIONS.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1996 (division B 
of Public Law 104-106; 110 Stat. 541), authorizations for the 
projects set forth in the tables in subsection (b), as provided in 
section 2201, 2202, 2302, or 2601 of that Act, shall remain in 
effect until October 1, 1999, or the date of enactment of an Act 
authorizing funds for military construction for fiscal year 2000, 
whichever is later. 
112 STAT. 2200 
PUBLIC LAW 105-261—OCT. 17, 1998 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Navy: Extension of 1996 Project Authorizations 
State 
Puerto Eico 
Califoi^ia 
Installation or loca-
tion 
Naval Station Roo-
sevelt Roads 
Camp Pendleton 
Project 
Housing Office 
Family Housing 
Construction 
(138 units) .... 
Amount 
$710,000 
$20,000,000 
Air Force: 
State 
Texas 
E x t e n s i o n of 1996 Project A u t h o r i z a t i o n 
Installation or loca-
tion 
Lackland Air Force 
Base 
Project 
Family Housing 
(67 units) 
Amount 
$6,200,000 
Army National Guard: Extension of 1996 Project Authorizations 
State 
Mississippi 
Missouri 
Installation or loca-
tion 
Camp Shelby 
National Guard 
Training Site, Jef-
ferson City 
Project 
Multipurpose 
Range Com-
plex (Phase I) 
Multipurpose 
Range 
Amount 
$5,000,000 
$2,236,000 
SEC. 
2703. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 1995 
PROJECT. 
(a) EXTENSION.—^Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1995 (division B 
of Public Law 103-337; 108 Stat. 3046), the authorization for the 
project set forth in the table in subsection (b), as provided in 
section 2201 of that Act and extended by section 2702 of the 
Military Construction Authorization Act for Fiscal Year 1998 (divi-
sion B of Public Law 105-85; 111 Stat. 1985), shall remain in 
effect until October 1, 1999, or the date of enactment of an Act 
authorizing funds for military construction for fiscal year 2000, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Navy: Extension of 1995 Project Authorization 
State 
Installation or loca-
tion 
Indian Head Naval 
Surface Warfare 
Center 
Project 
Denitrification/ 
Acid Mixing 
Facility 
Amount 
$6,400,000 
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later of— 
(1) October 1, 1998; or 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2201 
(2) the date of the enactment of this Act. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Architectural and engineering services and construction design. 
Sec. 2802. Expansion of Army overseas family housing lease authority. 
Sec. 2803. Definition of ancillary supporting facilities under alternative authority for 
acquisition and improvement of military housing. 
Sec. 2804. Purciiase of build-to-lease family housing at Eielson Air Force Base, 
Alaska. 
Sec. 2805. Report relating to improvement of housing for unaccompanied members. 
Subtitle B—^Real Property and Facilities Administration 
Sec. 2811. Exceptions to real property transaction repotting requirements for war 
and certain emergency and other operations. 
Sec. 2812. Restoration of Department of Defense lands used by another Federal 
agency. 
Sec. 2813. Outdoor recreation development on military installations for disabled 
veterans, military dependents with disabilities, and other persons with 
disabilities. 
Sec. 2814. Report on leasing and other alternative uses of nonexcess military prop-
erty. 
Sec. 2815. Report on implementation of utility system conveyance authority. 
Subtitle C—Defense Base Closure and Realignment 
Sec. 2821. Applicability of property disposal laws to leases at installations to be 
closed or realigned under base closure laws. 
Sec. 2822. Elimination of waiver authority regarding prohibition against certain 
conveyances of property at Naval Station, Long Beach, California. 
Sec. 2823. Payment of stipulated penalties assessed under CERCLA in connection 
with McClellan Air Force Base, California. 
Subtitle D—Land Conveyances 
PART I—APIMY CONVEYANCES 
Sec. 2831. Modification of land conveyance, Army Reserve Center, Youngstown, 
Ohio. 
Sec. 2832. Release of interests in real property, former Kennebec Arsenal, Augusta, 
Maine. 
Sec. 2833. Release, waiver, or conveyance of interests in real property, former 
Redstone Army Arsenal property, Alabama. 
Sec. 2834. Conveyance of utility systems. Lone Star Armj Ammunition Plant, Texas. 
Sec. 2835. Conveyance of water rights and related interests, Rocky Mountain Arse-
nal, Colorado, for purposes of acquisition of perpetual contracts for 
water. 
Sec. 2836. Land conveyance. Army Reserve Center, Massena, New York. 
Sec. 2837. Land conveyance. Army Reserve Center, Ogdensburg, New York. 
Sec. 2838. Land conveyance. Army Reserve Center, Jamestown, Ohio. 
Sec. 2839. Land conveyance. Army Reserve Center, Peoria, Illinois. 
Sec. 2840. Land conveyance. Army Reserve Center, Bridgton, Maine. 
Sec. 2841. Land conveyance. Fort Sheridan, Illinois. 
Sec. 2842. Land conveyance, Skaneateles, New York. 
Sec. 2843. Land conveyance, Indiana Army Ammunition Plant, 
Charlestown, 
Indiana. 
Sec. 2844. Land conveyance. Volunteer Army Ammunition Plant, Chattanooga, 
Tennessee. 
Sec. 2845. Land conveyance, Stewart Amy Sub-Post, New Windsor, New York. 
PART II—NAVY CONVEYANCES 
Sec. 2851. Conveyance 
of easement. Marine 
Corps 
Base, Camp 
Pendleton, 
California. 
Sec. 2852. Land exchange. Naval Reserve Readiness Center, Portland, Maine. 
Sec, 2853. Land conveyance. Naval and Marine Corps Reserve facility, Youngstown, 
Ohio. 
Sec. 2854. Land conveyance. Naval Air Reserve Center, Minneapolis, Minnesota. 
PART III—AIR FORCE CONVEYANC:ES 
Sec. 2861. Modification of land conveyance, Eglin Air Force Base, Florida. 
112 STAT. 2202 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 2862. Modification of land conveyance, Finley Air Force Station, North Dakota. 
Sec. 2863. Land conveyance. Lake Charles Air Force Station, Louisiana. 
Sec. 2864. Land conveyance, Air Force Housing Facility, La Junta, Colorado. 
Subtitle E—Other Matters 
Sec. 2871. Modification of authority relating to Department of Defense Laboratory 
Revitalization Demonstration Program. 
Sec. 2872. Repeal of prohibition on joint use of Gray Army Airfield, Fort Hood, 
Texas, with civil aviation. 
Sec. 2873. Modification of demonstration project for purchase of fire, security, police, 
public works, and utility services from local government agencies. 
Sec. 2874. Designation of building containing Navy and Marine Corps Reserve 
Center, Augusta, Georgia. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. ARCHITECTURAL AND ENGINEERING SERVICES AND 
CONSTRUCTION DESIGN. 
(a) 
INCREASE IN THRESHOLD FOR NOTICE TO CONGRESS.— 
Subsection (b) of section 2807 of title 10, United States Code, 
is amended by striking out "$300,000" and inserting in lieu thereof 
"$500,000". 
(b) AVAILABILITY OF APPROPRIATIONS.—Subsection (d) of that 
section is amended by striking out "study, planning, design, 
architectural, and engineering services" and inserting in lieu thereof 
"architectural and engineering services and construction design". 
SEC. 2802. E X P A N S I O N OF ARMY OVERSEAS FAMILY HOUSING LEASE 
AUTHORITY. 
(a) ALTERNATIVE MAXIMUM UNIT AMOUNTS.—Section 2828(e) 
of title 10, United States Code, is amended— 
(1) in paragraph (2), by inserting, ", and the Secretary 
of the Army may lease not more than 500 units of family 
housing in Italy," after "family housing in Italy"; 
(2) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) In addition to the 450 units of family housing referred 
to in paragraph (1) for which the maximum lease amount is $25,000 
per unit per year, the Secretary of the Army may lease not more 
than 800 units of family housing in Korea subject to that maximum 
lease amount.". 
(b) CONFORMING AMENDMENT.—Paragraph (4) of that section, 
as redesignated by subsection (a)(2) of this section, is amended 
by striking out "and (2)" and inserting in lieu thereof ", (2), and 
(3)". 
SEC. 2803. DEFINITION OF ANCILLARY SUPPORTING FACILITIES 
UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION 
AND IMPROVEMENT OF MILITARY HOUSING. 
Section 2871(1) of title 10, United States Code, is amended 
by inserting after "including" the following: "facilities to provide 
or support elementary or secondary education,". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2203 
SEC. 2804. PURCHASE OF BUILD-TO-LEASE I'^AMILY HOUSING AT 
EIELSON AIR FORCE BASE, ALASKA. 
(a) AUTHORITY TO PURCHASE.—The Secretary of the Air Force 
may purchase the entire interest of the developer in the mihtary 
family housing project at Eielson Air Force Base, Alaska, described 
in subsection (b) if the Secretary determiness that the purchase 
is in the best economic interests of the Air Force. 
(b) DESCRIPTION OF PROJECT.—^The military family housing 
project referred to in this section is the 366-unit military family 
housing project at Eielson Air Force Base that was constructed 
by the developer and is being leased by the Secretary under the 
authority of former subsection (g) of section 2828 of title 10, United 
States Code (now section 2835 of such title), as added by section 
801 of the Mihtary Construction Authorization Act, 1984 (Public 
Law 98-115; 97 Stat. 782). 
(c) PURCHASE PRICE.—^The purchase price to be paid by the 
Secretary under this section for the interest of the developer in 
the military family housing project may not exceed an amount 
equal to the amount of the outstanding indebtedness of the devel-
oper to the lender for the project that would have remained at 
the time of the purchase under this section if the developer had 
paid down its indebtedness to the lender for the project in accord-
ance with the original debt instruments for the project. 
(d) TIME FOR PURCHASE.—(1) Subject to paragraph (2), the 
Secretary may elect to make the purchase authorized by subsection 
(a) at any time during or after the term of the lease for the 
military family housing project. 
(2) The Secretary may not make the purchase until 30 days 
after the date on which the Secretary notifies the congressional 
defense committees of the Secretary's election to make the purchase 
under paragraph (1). 
SEC. 2805. REPORT RELATING TO IMPROVEMENT OF HOUSING FOR 
UNACCOMPANIED MEMBERS. 
(a) REPORT REQUIRED.—(1) Not later than April 1, 1999, the 
Secretary of Defense shall submit to Congress a report on— 
(A) the plans of each of the military departments to improve 
the condition, suitability, and availabilitj^ of housing for mem-
bers of the Armed Forces who are unaccompanied by depend-
ents; and 
(B) the costs associated with the implementation of the 
plans. 
(2) The Secretary of Defense shall prepare the report in con-
sultation with the Secretaries of the military departments. 
(b) ELEMENTS.—^The report under subse(;tion (a) shall include 
the following: 
(1) The plans and programs of each of the military depart-
ments to improve housing on military installations for unaccom-
panied members of the Armed Forces, including an assessment 
of the requirement, a schedule to implement such plans and 
programs, and an explanation of the standards used to deter-
mine the adequacy, suitability, and availability of housing out-
side of military installations. 
(2) A justification for the initiative to build single occupancy 
rooms with a shared bath (commonly known as the "1 Plus 
1 Initiative"), including— 
112 STAT. 2204 
PUBLIC LAW 105-261—OCT. 17, 1998 
(A) a description of the manner in which the initiative 
is designed to enhance the quality of Ufe for enHsted mem-
bers and the retention of such members in adequate num-
bers; and 
(B) an assessment of the analysis and data used in 
the justification to implement the initiative. 
(3) The cost for each military department of implementing 
the initiative, including the amount of funds, by fiscal year, 
authorized and appropriated for military construction and real 
property maintenance obligated or expended on the improve-
ment of military housing for unaccompanied members begin-
ning on October 1, 1996, and the amount of funds required 
to be expended to ensure the suitability of such housing for 
unaccompanied members. 
(4) An explanation of the difference in cost between— 
(A) upgrading existing military housing to the standard 
proposed in the initiative; and 
(B) rehabilitating such housing within existing stand-
ards. 
(5) An assessment of the viability and utility of the authori-
ties provided by subchapter IV of chapter 169 of title 10, 
United States Code, to contribute to the improvement of the 
condition, suitability, and availability of housing for unaccom-
panied members, especially members in junior grades. 
(6) The views of the Chief of Staff of the Army, the Chief 
of Naval Operations, the Chief of Staff of the Air Force, the 
Commandant of the Marine Corps, the Commandant of the 
Coast Guard, and each of the senior enlisted members of the 
Armed Forces regarding the initiative referred to in paragraph 
(2) and regarding any alternatives to the initiative having 
the potential of enhancing the quality of life for unaccompanied 
members, improving the readiness of the Armed Forces, and 
improving the retention of enlisted members in adequate num-
bers. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 
2811. 
EXCEPTIONS 
TO 
REAL 
PROPERTY 
TRANSACTION 
REPORT-
ING REQUIREMENTS FOR WAR AND CERTAIN EMER-
GENCY 
AND 
OTHER 
OPERATIONS. 
(a) EXCEPTIONS.—Section 2662 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(g) 
EXCEPTIONS FOR TRANSACTIONS FOR WAR AND CERTAIN 
EMERGENCY AND OTHER OPERATIONS.—(1) The reporting require-
ment set forth in subsection (a) shall not apply with respect to 
a real property transaction otherwise covered by that subsection, 
and the reporting requirement set forth in subsection (e) shall 
not apply with respect to a real property transaction otherwise 
covered by that subsection, if the Secretary concerned determines 
that the transaction is made as a result of any of the following: 
"(A) A declaration of war. 
"(B) A declaration of a national emergency by the President 
pursuant to the National Emergencies Act (50 U.S.C. 1601 
et seq.). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2205 
"(C) A declaration of an emergency or major disaster pursu-
ant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.). 
"(D) The use of the militia or the armed forces after a 
proclamation to disperse under section 334 of this title. 
"(E) A contingency operation. 
"(2) The reporting requirement set forth in subsection (a) shall 
not apply with respect to a real property transaction otherwise 
covered by that subsection if the Secretary concerned determines 
that— 
"(A) an event listed in paragraph (1) is imminent; and 
"(B) the transaction is necessary for purposes of preparation 
for such event. 
"(3) Not later than 30 days after entering into a real property 
transaction covered by paragraph (1) or (2), the Secretary concerned 
shall submit to the committees named in subsection (a) a report 
on the transaction. The report shall set forth any facts or informa-
tion which would otherwise have been submitted in a report on 
the transaction under subsection (a) or (e), as the case may be, 
but for the operation of paragraph (1) or (2).". 
(b) STYLISTIC AMENDMENTS.—That section is further amended— 
(1) in subsection (a), by inserting "GENERAL NOTICE AND 
WAIT REQUIREMENTS.—" after "(a)"; 
(2) in subsection (b), by inserting "ANNUAL REPORTS ON 
CERTAIN MINOR TRANSACTIONS.—" after "i;b)"; 
(3) in subsection (c), by inserting "GEOGRAPHIC SCOPE; 
EXCEPTED PROJECTS.—" after "(c)"; 
(4) in subsection (d), by inserting "STATEMENTS OF COMPLI-
ANCE IN TRANSACTION INSTRUMENTS.—" after "(d)"; 
(5) in subsection (e), by inserting "NOTICE AND WAIT 
REGARDING LEASES OF SPACE FOR DOD BY GSA.—" after "(e)"; 
and 
(6) in subsection (f), by inserting "REPORTS ON TRANS-
ACTIONS INVOLVING INTELLIGENCE COMPONENTS.—" after "(f)". 
SEC. 2812. RESTORATION OF DEPARTMENT OF DEFENSE LANDS USED 
BY ANOTHER FEDERAL AGENCY. 
(a) RESTORATION AS TERM OF AGREEMISNT.—Section 2691 
of 
title 10, United States Code, is amended by adding at the end 
the following new subsection: 
"(c)(1) As a condition of any lease, permit, license, or other 
grant of access entered into by the Secretary of a military depart-
ment with another Federal agency authorizing the agency to use 
lands under the control of the Secretary, the Secretary may require 
the agency to agree to remove any improvements and to take 
any other action necessary in the judgment of the Secretary to 
restore the land used by the agency to its condition before its 
use by the agency. 
"(2) In lieu of performing any removal or restoration work 
under paragraph (1), a Federal agency may elect, with the consent 
of the Secretary, to reimburse the Secretary for the costs incurred 
by the military department in performing such removal or restora-
tion work.". 
(b) CLERICAL AMENDMENTS.—(1) The hciading of such section 
is amended to read as follows: 
112 STAT. 2206 
PUBLIC LAW 106-261—OCT. 17, 1998 
*
*
§ 2691. Restoration of land used by permit or lease**. 
(2) The table of sections at the beginning of chapter 159 of 
title 10, United States Code, is amended by striking the item 
relating to section 2691 and inserting in lieu thereof the following 
new item: 
"2691. Restoration of land used by pennit or lease.". 
SEC. 2813. OUTDOOR RECREATION DEVELOPMENT ON MILITARY 
INSTALLATIONS FOR DISABLED VETERANS, MILITARY 
DEPENDENTS WITH DISABILITIES, AND OTHER PERSONS 
WITH DISABILITIES. 
(a) ACCESS ENHANCEMENT.—Section 103 of the Sikes Act (16 
U.S.C. 670c) is amended by adding at the end the following new 
subsections: 
"(b) ACCESS FOR DISABLED VETERANS, MILITARY DEPENDENTS 
WITH DISABILITIES, AND OTHER PERSONS WITH DISABILITIES.—<1) 
In developing facilities and conducting programs for public outdoor 
recreation at military installations, consistent with the primary 
military mission of the installations, the Secretary of Defense shall 
ensure, to the extent reasonably practicable, that outdoor recreation 
opportunities (including fishing, hunting, trapping, wildlife viewing, 
boating, and camping) made available to the public also provide 
access for persons described in paragraph (2) when topographic, 
vegetative, and water resources allow access for such persons with-
out substantial modification to the natural environment. 
"(2) Persons referred to in paragraph (1) are the following: 
"(A) Disabled veterans. 
"(B) Military dependents with disabilities. 
"(C) Other persons with disabilities, when access to a mili-
tary installation for such persons and other civilians is not 
otherwise restricted. 
"(3) The Secretary of Defense shall carry out this subsection 
in consultation with the Secretary of Veterans Affairs, national 
service, military, and veterans organizations, and sporting organiza-
tions in the private sector that participate in outdoor recreation 
projects for persons described in paragraph (2). 
"(c) ACCEPTANCE OF DONATIONS.—In connection with the facili-
ties and programs for public outdoor recreation at military installa-
tions, in particular the requirement under subsection (b) to provide 
access for persons described in paragraph (2) of such subsection, 
the Secretary of Defense may accept— 
"(1) the voluntary services of individuals and organizations; 
and 
"(2) donations of property, whether real or personal. 
"(d) TREATMENT OF VOLUNTEERS.—A volunteer under sub-
section (c) shall not be considered to be a Federal employee and 
shall not be subject to the provisions of law relating to Federal 
employment, including those relating to hours of work, rates of 
compensation, leave, unemployment compensation, and Federal 
employee benefits, except that— 
"(1) for the purposes of the tort claims provisions of chapter 
171 of title 28, United States Code, the volunteer shall be 
considered to be a Federal employee; and 
"(2) for the purposes of subchapter I of chapter 81 of 
title 5, United States Code, relating to compensation to Federal 
employees for work injuries, the volunteer shall be considered 
to be an employee, as defined in section 8101(1)(B) of title 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2207 
5, United States Code, and the provisions of such subchapter 
shall apply.". 
(b) CONFORMING AMENDMENT.—Such section is further amend-
ed by striking out "SEC. 103." and inserting in lieu thereof the 
following: 
"SEC. 
1
0
3
. 
PROGRAM 
FOR 
PUBLIC 
OUTDOOR 
RECREATION. 
"
(
a
) 
PROGRAM 
AUTHORIZED.—". 
SEC. 
2
8
1
4
. 
REPORT 
ON 
LEASING 
AND 
OTHER 
ALTERNATIVE 
USES 
OF 
NONEXCESS 
MIUTARY 
PROPERTY. 
(a) REPORT REQUIRED.—^Not later than March 15, 1999, the 
Secretary of Defense shall submit to the (Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives a report regarding the authority 
of the military departments and Defense Agencies to lease to the 
private sector nonexcess real and personal property. The Secretary 
shall prepare the report in consultation with the Secretaries of 
the military departments and the Director of the Office of Manage-
ment and Budget. 
(b) REQUIRED ELEMENTS OF REPORT.—^The report shall set forth 
the following: 
(1) The number and purpose of all leases entered into 
under sections 2667 and 2667a of title 10, United States Code, 
other than leases under section 2667(f) of that title, during 
the 5-year period ending on the date of the enactment of this 
Act. 
(2) The types and amounts of payments received under 
the leases specified in paragraph (1) and the costs, if any, 
foregone as a result of the leases. 
(3) An assessment of the positive and negative aspects 
of leasing real property and surplus capacity at military 
installations to the private sector, including the potential effect 
of the use of the leases on force protection and the military 
functions of the installations. 
(4) An assessment of the current efforts of the Department 
of Defense to identify for the private sector any surplus capacity 
at military installations that could be leased or otherwise used 
by the private sector. 
(5) An assessment of the proposal of the Secretary of the 
Air Force to reduce infrastructure costs at Brooks Air Force 
Base, Texas, using the authority provided in section 2667 of 
title 10, United States Code, and the proposal of the Secretary 
of the Navy regarding the potential for development of Ford 
Island as part of Naval Complex, Pearl Harbor, Hawaii. 
(6) An assessment (including an economic analysis) of the 
ability of the military departments and Defense Agencies to 
reduce the quantity of real property leased by them through 
the relocation of activities located in such leased space to prop-
erty of a military installation, or another Federal agency, that 
is unutilized or underutilized, while alsci lowering operational 
and maintenance costs and minimizing the need for new 
construction. 
(c) ADDITIONAL ELEMENTS OF REPORT.—^^In the event that the 
Secretary of Defense considers the authority under section 2667 
or 2667a of title 10, United States Code, to be insufficient, the 
Secretary shall also include in the report— 
112 STAT. 2208 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) a proposal for authority to conduct a pilot project based 
on the assessment made under subsection (b)(5) or for such 
general legislative authority as the Secretary considers appro-
priate to enhance the ability of the Department of Defense 
to utilize surplus capacity at military installations in order 
to improve military readiness, achieve cost savings with respect 
to such installations, or decrease the cost of operating such 
installations; 
(2) an estimate of the income that could accrue to the 
Department of Defense as a result of the implementation of 
enhanced authority proposed under paragraph (1) during the 
5-year period beginning on the date of such implementation; 
and 
(3) an assessment of the extent to which any such income 
should be reserved for the use of the installations exercising 
such authority and of the extent to which installations would 
be likely to enter into such leases if they cannot retain such 
income. 
SEC. 2815. REPORT ON IMPLEMENTATION OF UTIUTY SYSTEM 
CONVEYANCE AUTHORITY. 
Not later than March 1, 1999, the Secretary of Defense, in 
consultation with the Secretaries of the military departments, shall 
submit to Congress a report containing— 
(1) the criteria to be used by the Secretary of a military 
department to select utility systems, and related improvements, 
easements, and rights-of-way, under the jurisdiction of the Sec-
retary, for conveyance to a municipal, private, regional, district, 
or cooperative utility company or other entity under the author-
ity of section 2688 of title 10, United States Code; 
(2) an assessment of the need to include, as part of the 
conveyance authority under such section, authority for the Sec-
retary to convey real property associated with a utility system 
conveyed under such section; and 
(3) a description of the manner in which the Secretary 
will ensure that any conveyance under such section does not 
adversely affect the national security of the United States. 
Subtitle C—Defense Base Closure and 
Realignment 
SEC. 2821. APPLICABILITY OF PROPERTY DISPOSAL LAWS TO LEASES 
AT INSTALLATIONS TO BE CLOSED OR REALIGNED 
UNDER BASE CLOSURE LAWS. 
Section 2667(f)(1) of title 10, United States Code, is amended 
by inserting after "subsection (a)(3)" the following: "or the Federal 
Property and Administrative Services Act of 1949 (to the extent 
such Act is inconsistent with this subsection)". 
SEC. 2822. ELIMINATION OF WAIVER AUTHORITY REGARDING PROHIBI-
TION AGAINST CERTAIN CONVEYANCES OF PROPERTY 
AT NAVAL STATION, LONG BEACH, CALIFORNIA. 
Section 2826 of the Military Construction Authorization Act 
for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 
2001) is amended by striking out subsection (e). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2209 
SEC. 2823. PAYMENT OF STIPULATED PENALT1[ES ASSESSED UNDER 
CERCLA IN CONNECTION WITH MCCLELLAN AIR FORCE 
BASE, CALIFORNIA. 
(a) SOURCE OF PAYMENT.—^Notwithstanding subsection (b) of 
section 2906 of the Defense Base Closure and ReaUgnment Act 
of 1990 (part A of title XXIX of Public Lav/ 101-510; 10 U.S.C. 
2687 note), the Secretary of Defense may use amounts in the 
Department of Defense Base Closure Account 1990 established 
under subsection (a) of such section to paj' stipulated penalties 
assessed under the Comprehensive Environmentad Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) against 
McClellan Air Force Base, California. 
(b) AMOUNT OF PAYMENT.—^The amount expended under the 
authority of subsection (a) may not exceed $15 ,,000. 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
SEC. 2831. MODIFICATION OF LAND CONVEYiilNCE, ARMY RESERVE 
CENTER, YOUNGSTOWN, OHIO. 
Section 2861(b) of the Military Construction Authorization Act 
for Fiscal Year 1996 (division B of Public Laiw 104^106; 110 Stat. 
573) is amended by striking out "retain" and all that follows through 
the period at the end and inserting in lieu thereof "develop the 
parcel for educational purposes". 
SEC. 2832. RELEASE OF INTERESTS IN REAL PROPERTY, FORMER KEN-
NEBEC ARSENAL, AUGUSTA, MAINIS. 
(a) AUTHORITY TO RELEASE.—^The Secretary of the Army may 
release, without consideration, all right, title, and interest of the 
United States in and to the real property described in subsection 
(b). 
(b) COVERED PROPERTY.—The real property referred to in sub-
section (a) is the parcel of real property consisting of approximately 
40 acres located in Augusta, Maine, and formerly known as the 
Kennebec Arsenal, which parcel was conveyed by the Secretary 
of War to the State of Maine under the provisions of the Act 
entitled "An Act Authorizing the Secretary of War to convey the 
Kennebec Arsenal property, situated in Augusta, Maine, to the 
State of Maine for public purposes", approved March 3, 1905 (33 
Stat. 1270), as amended by section 771 of the Department of Defense 
Appropriations Act, 1981 (Public Law 96-527; 94 Stat. 3093). 
(c) INSTRUMENT OF RELEASE.—^The Secretary of the Army shall 
execute and file in the appropriate office a deed of release, amended 
deed, or other appropriate instrument effectuating the release of 
interests authorized by this section. 
SEC. 2833. RELEASE, WAIVER, OR CONVEYANCE OF INTERESTS IN REAL 
PROPERTY, FORMER REDSTONE ARMY ARSENAL PROP-
ERTY, ALABAMA. 
(a) RELEASE AUTHORIZED.—The Secretary of the Army may 
release, without consideration and to such extent as the Secretary 
considers appropriate to protect the interests of the United States, 
the reversionary interests of the United States in the real property 
described in subsection (b), which were retained by the United 
States when the property was conveyed to the Alabama Space 
112 STAT. 2210 
PUBLIC LAW 105-261—OCT. 17, 1998 
Science Exhibit Commission, an agency of the State of Alabsima. 
The release shall be executed in the manner provided in this section. 
(b) DESCRIPTION OF PROPERTY.—^The real property referred to 
in this section is the real property conveyed to the Alabama Space 
Science Exhibit Commission under the authority of the following 
provisions of law: 
(1) The first section of Public Law 90-276 (82 Stat. 68). 
(2) Section 813 of the Military Construction Authorization 
Act, 1980 (Public Law 96-125; 93 Stat. 952). 
(3) Section 813 of the Military Construction Authorization 
Act, 1984 (Public Law 98-115; 97 Stat. 790). 
(c) 
RELEASE, WAIVER, OR CONVEYANCE OF OTHER RIGHTS, 
TERMS, AND CONDITIONS.—As part of the release under subsection 
(a), the Secretary may release, waive, or convey, without consider-
ation and to such extent as the Secretary considers appropriate 
to protect the interests of the United States— 
(1) any and all other rights retained by the United States 
in and to the real property described in subsection (b) when 
the property was conveyed to the Alabama Space Science 
Exhibit Commission; and 
(2) any and all terms and conditions and restrictions on 
the use of the real property imposed as part of the conveyances 
described in subsection (b). 
(d) CONDITIONS ON RELEASE, WAIVER, OR CONVEYANCE.—(1) 
The Secretary may execute the release under subsection (a) or 
a release, waiver, or conveyance under subsection (c) only after— 
(A) the Secretary approves of the master plan prepared 
by the Alabama Space Science Exhibit Commission, as such 
plan may exist or be revised from time to time, for development 
of the real property described in subsection (b); and 
(B) the installation commander at Redstone Arsenal, Ala-
bama, certifies to the Secretary that the release, waiver, or 
conveyance is consistent with the master plan. 
(2) A new facility or structure may not be constructed on 
the real property described in subsection (b) unless the facility 
or structure is included in the master plan, which has been approved 
and certified as provided in paragraph (1). 
(e) INSTRUMENT OF RELEASE, WAIVER, OR CONVEYANCE.—In 
making a release, waiver, or conveyance authorized by this section, 
the Secretary shall execute and file in the appropriate office or 
offices a deed of release, amended deed, or other appropriate 
instrument effectuating the release, waiver, or conveyance. 
(f) EFFECT OF RELEASE.—^Except as provided in subsection (g), 
upon release of any reversionary interest under this section, the 
right, title, and interest of the Alabama Space Science Exhibit 
Commission in and to the real property described in subsection 
(b) shall, to the extent of the release, no longer be subject to 
the conditions prescribed in the provisions of law specified in such 
subsection. Except as provided in subsection (g), the Alabama Space 
Science Exhibit Commission may use the real property for any 
such purpose or purposes as it considers appropriate consistent 
with the master plan approved and certified as provided in sub-
section (d), and the real property may be conveyed by the Alabama 
Space 
Science 
Exhibit 
Commission 
without 
restriction 
and 
unencumbered by any claims or rights of the United States with 
respect to the property, subject to such rights, terms, and conditions 
of the United States previously imposed on the real property and 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2211 
not released, waived, or conveyed by the Secretary under subsection 
(0. 
(g) EXCEPTIONS.—(1) Conveyance of the drainage and utility 
easement reserved to the United States pursuant to section 
813(b)(3) of the Military Construction Authorization Act, 1984 (Pub-
lic Law 98-115; 97 Stat. 791), is not authorized under this section. 
(2) In no event may title to any portion of the real property 
described in subsection (b) be conveyed by the Alabama Space 
Science Exhibit Commission or any future deed holder of the real 
property to any person other than an agency, instrumentality, politi-
cal subdivision, municipal corporation, or public corporation of the 
State of Alabama. Any deed conve)dng title to any portion of the 
real property described in subsection (b) shall restrict the further 
use of the conveyed property to purposes and uses consistent with 
the master plan approved and certified as provided in subsection 
(d), unless otherwise approved by the Secretarj'. 
(3) Paragraph (2) does not prevent the Alabama Space Science 
Exhibit Commission or any future deed holder of the real property 
described in subsection (b) from giving a mortgage with respect 
to any portion of the real property to any person, except that 
any such mortgage shall provide that the further use of the real 
property shall be restricted to purposes and uses consistent with 
the master plan approved and certified as provided in subsection 
(d), unless otherwise approved by the Secretar>^ 
SEC. 2834. CONVEYANCE OF UTIUTY SYSTEMS, LONE STAR ARMY 
AMMUNITION PLANT, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey all right, title, and interest of the United States in and 
to any utility system, or part thereof, including any real property 
associated with such system, at the Lone Stjir Army Ammunition 
Plant, Texas, to the redevelopment authority for the Red River 
Army Depot, Texas, in conjunction with the disposal of property 
at the Depot under the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note). 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the redevelopment authority shall pay to the United 
States an amount equal to the fair market \'alue of the conveyed 
utiUty system and any real property conveyed as part of the convey-
ance, as determined by an independent appraisal satisfactory to 
the Secretary and paid for by the redevelopment authority. 
(c) RULE OF CONSTRUCTION.—^Nothing in subsection (a) 
may 
be construed to prohibit or otherwise limit the Secretary from 
conve3dng any utility system referred to in that subsection under 
any other provision of law, including section 2688 of title 10, United 
States Code. 
(d) UTILITY SYSTEM DEFINED.—^In this section, the term "utility 
system" has the meaning given that term in section 2688(g) of 
title 10, United States Code. 
SEC. 2835. CONVEYANCE OF WATER RIGHTS AND RELATED INTERESTS, 
ROCKY MOUNTAIN ARSENAL, COLORADO, FOR PURPOSES 
OF ACQUISITION 
OF PERPETUilL CONTRACTS 
FOR 
WATER. 
(a) CONVEYANCE AUTHORIZED.—Subject to subsection (c), the 
Secretary of the Army may convey any and all interest of the 
United States in the water rights and related rights at Rocky 
112 STAT. 2212 
PUBLIC LAW 105-261—OCT. 17, 1998 
Mountain Arsenal, Colorado, described in subsection (b) to the 
City and County of Denver, Colorado, acting through its Board 
of Water Commissioners. 
(b) COVERED WATER RIGHTS AND RELATED RIGHTS.—The water 
rights and related rights authorized to be conveyed under subsection 
(a) are the following: 
(1) Any and all interest in 300 acre rights to water from 
Antero Reservoir as set forth in Antero Reservoir Contract 
No. 382 dated August 22, 1923, for 160 acre rights; Antero 
Reservoir Contract No. 383 dated August 22, 1923, for 50 
acre rights; Antero Reservoir Contract No. 384 dated October 
30, 1923, for 40 acre rights; Antero Reservoir Contract No. 
387 dated March 3, 1923, for 50 acre rights; and Supplemental 
Contract No. 382-383-384-387 dated July 24, 1932, defining 
the amount of water to be delivered under the 300 acre rights 
in the prior contracts as 220 acre feet. 
(2) Any and all interest in the 305 acre rights of water 
from the High Line Canal, diverted at its headgate on the 
South Platte River and delivered to the Fitzsimons Army Medi-
cal Center and currently subject to cost assessments pursuant 
to Denver Water Department contract #001990. 
(3) Any and all interest in the 2,603.55 acre rights of 
water from the High Line Canal, diverted at its headgate 
on the South Platte River and delivered to the Rocky Mountain 
Arsenal in Adams County, Colorado, and currently subject to 
cost assessments by the Denver Water Department, including 
680 acre rights transferred from Lowry Field to the Rocky 
Mountain Arsenal by the October 5, 1943, agreement between 
the City and County of Denver, acting by and through its 
Board of Water Commissioners, and the United States of Amer-
ica. 
(4) Any and all interest in 4,058.34 acre rights of water 
not currently subject to cost assessments by the Denver Water 
Department. 
(5) A new easement for the placement of water lines 
approximately 50 feet wide inside the Southern boundary of 
Rocky Mountain Arsenal and across the Reserve Center along 
the northern side of 56th Avenue. 
(6) A permanent easement for utilities where Denver has 
an existing temporary easement near the southern and western 
boundaries of Rocky Mountain Arsenal. 
(c) CONSIDERATION.—(1) The Secretary of the Army may make 
the conveyance under subsection (a) only if the Board of Water 
Commissioners, on behalf of the City and County of Denver, 
Colorado— 
(A) enters into a permanent contract with the Secretary 
of the Army for purposes of ensuring the delivery of nonpotable 
water and potable water to Rocky Mountain Arsenal; and 
(B) enters into a permanent contract with the Secretary 
of the Interior for purposes of ensuring the delivery of nonpota-
ble water and potable water to Rocky Mountain Arsenal 
National Wildlife Refuge, Colorado. 
(2) Section 2809(e) of title 10, United States Code, shall not 
operate to limit the term of the contract entered into under para-
graph (1)(A). 
(d) REQUIREMENT RELATING TO CONVEYANCE.—The Secretary 
of the Army may not make the conveyance authorized by subsection 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2213 
(a) until the execution of the proposed agreement provided for 
under subsection (c) between the City and Co unty of Denver, Colo-
rado, acting through its Board of Water Commissioners, the South 
Adams County Water and Sanitation District, the United States 
Fish and Wildlife Service, and the Army. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary of the 
Army may require such additionsd terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER, MASSENA, 
NEW YORK 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Village of Massena, New York 
(in this section referred to as the "Village"), all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of the Army Reserve 
Center in Massena, New York, for the purpose of permitting the 
Village to develop the parcel for public benefit, including the 
development of municipal office space. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Village. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordarice with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS. —The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the Unitiid States. 
SEC. 2
8
3
7
. LAND CONVEYANCE, ARMY RESERVE CENTER, 
OGDENSBURG, 
NEW 
YORK. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the City of Ogdensburg, New 
York (in this section referred to as the "City"), all right, title, 
and interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of the Army Reserve 
Center in Ogdensburg, New York, for the purpose of permitting 
the City to develop the parcel for public benefit, including the 
development of municipal office space. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(c) REVERSIONARY INTEREST.—^During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
112 STAT. 2214 
PUBLIC LAW 105-261—OCT. 17, 1998 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2838. LAND CONVEYANCE, ARMY RESERVE CENTER, JAMESTOWN, 
OHIO. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Greeneview Local School Dis-
trict of Jamestown, Ohio, all right, title, and interest of the United 
States in and to a parcel of real property, including improvements 
thereon, that is located at 5693 Plymouth Road in Jamestown, 
Ohio, and contains an Army Reserve Center, for the purpose of 
permitting the Greeneview Local School District to retain and use 
the conveyed property for educational purposes. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Greeneview Local 
School District. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2839. LAND CONVEYANCE, ARMY RESERVE CENTER, PEORIA, 
ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Peoria School District #150 
of Peoria, Illinois (in this section referred to as the "School District"), 
all right, title, and interest of the United States in and to a parcel 
of real property, including improvements thereon, consisting of the 
Army Reserve Center located at 1429 Northmoor Road in Peoria, 
Illinois, for the purpose of permitting the School District to develop 
the parcel for educational and transportation purposes. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the School District. 
(c) REVERSIONARY INTEREST.—^During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2215 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2840. LAND CONVEYANCE, ARMY RESERVIS CENTER, BRIDGTON, 
MAINE. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Town of Bridgton, Maine 
(in this section referred to as the "Town"),, all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 3.65 
acres and containing the Army Reserve Center in Bridgton, Maine, 
for the purpose of permitting the Town to develop the parcel for 
public benefit, including the development of municipal ofnce space. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfacitory to the Secretary. 
The cost of the survey shall be borne by the Town. 
(c) REVERSIONARY INTEREST.—During th<5 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2841. LAND CONVEYANCE, FORT SHERIDAN,, ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to the City of Lake Forest, Illinois (in tWs section referred 
to as the "City"), all right, title, and interest, of the United States 
in and to all or some portion of the parcel of real property, including 
improvements thereon, at the former Fort Sheridan, Illinois, consist-
ing of approximately 14 acres and known as the northern Army 
Reserve enclave area. 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount 
equal to not less than the fair market value of the real property 
to be conveyed, as determined by the Secretar5^ 
(c) USE OF PROCEEDS.—^In such amounts as are provided in 
advance in appropriations Acts, the Secretaiy may use the funds 
paid by the City under subsection (b) to provide for the construction 
of replacement facilities and for the relocation costs for Reserve 
units and activities affected by the conveyance. 
59-194 O - 98 - 13: QL 3 Part 3 
112 STAT. 2216 
PUBLIC LAW 105-261—OCT. 17, 1998 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(e) NOTICE AND WAIT.—^The Secretary may not make the 
conveyance authorized by subsection (a) until 21 days after the 
date on which the Secretary submits to the congressional defense 
committees a certification that the relocation of the Reserve units 
and activities affected by the conveyance is consistent with an 
approved master plan for the consolidation of Reserve activities 
in, or in the vicinity of, Chicago, Illinois. 
(f) ADDITIONAL TERMS AND CONDITIONS.—-The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2842. LAND CONVEYANCE, SKANEATELES, NEW YORK. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Town of Skaneateles, New 
York (in this section referred to as the "Town"), all right, title, 
and interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 147.10 
acres in Skaneateles, New York, and commonly known as the 
"Federal Farm", for the purpose of permitting the Town to develop 
the parcel for public benefit, including for recreational purposes. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Town. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interest of the United States. 
SEC. 2843. LAND CONVEYANCE, INDIANA ARMY AMMUNITION PLANT, 
CHARLESTOWN, INDIANA 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey to the Indiana Army Ammunition Plant Reuse Authority 
(in this section referred to as the "Reuse Authority") all right, 
title, and interest of the United States in and to a parcel of real 
property, including improvements thereon, consisting of approxi-
mately 4,660 acres located at the Indiana Army Ammunition Plant, 
Charlestown, Indiana, for the purpose of developing the parcel 
as an industrial park to replace all or part of the economic activity 
lost at the inactivated plant. 
(b) CONSIDERATION.—Except as provided in subsection (d), as 
consideration for the conveyance under subsection (a), the Reuse 
Authority shall pay to the Secretary an amount equal to the fair 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2217 
market value of the conveyed property as of the time of the convey-
ance, determined by the Secretary in accordance with Federal 
appraisal standards and procedures. 
(c) TIME FOR PAYMENT.—^The consideration required under sub-
section (b) shall be paid by the Reuse Authority at the end of 
the 10-year period beginning on the date on which the conveyance 
under subsection (a) is completed. 
(d) EFFECT OF RECONVEYANCE OR LEASE.—(1) If, during the 
10-year period specified in subsection (c), the Reuse Authority recon-
veys all or any part of the property conveyed under subsection 
(a), the Reuse Authority shall pay to the United States an amount 
equal to the fair market value of the reconveyed property as of 
the time of the reconveyance, excluding the value of any improve-
ments made to the property by the Reuse Authority, determined 
by the Secretary in accordance with Federal appraisal standards 
and procedures. 
(2) The Secretary may treat a lease of the property within 
such 10-year period as a reconveyance if the Secretary determines 
that the lease is being used to avoid application of paragraph 
(1). 
(e) DEPOSIT OF PROCEEDS.—^The Secretary shall deposit any 
proceeds received under subsection (b) or (d) in the special account 
established pursuant to section 204(h)(2) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 485(hX2)). 
(f) ADMINISTRATIVE EXPENSES.—^In connection with the convey-
ance under subsection (a), the Secretary may accept amounts pro-
vided by the Reuse Authority or other persons to cover administra-
tive expenses incurred by the Secretary in making the conveyance. 
Amounts received under this subsection for administrative expenses 
shall be credited to the appropriation, fund, or account from which 
the expenses were paid. Amounts so credited shall be merged with 
funds in such appropriation, fund, or account and shall be available 
for the same purposes and subject to the same limitations as the 
funds with which merged. 
(g) DESCRIPTION OF PROPERTY.—^The projperty to be conveyed 
under subsection (a) includes the administrative area of the Indiana 
Army Ammunition Plant as well as open space in the southern 
end of the plant. The exact acreage and legal description of the 
property to be conveyed shall be determined by a survey satisfactory 
to the Secretary. The cost of the survey shall be borne by the 
Reuse Authority. 
(h) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
(i) ADDITIONAL CONVEYANCE FOR RECREATIONAL PURPOSES.— 
Section 2858(a) of the Military Construction Authorization Act for 
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 
571), as amended by section 2838 of the Military Construction 
Authorization Act for Fiscal Year 1998 (division B of Public Law 
105-85; 111 Stat. 2006), is further amended by adding at the 
end the following new paragraph: 
"(3) The Secretary may also convey to the State, without consid-
eration, another parcel of real property at the Indiana Army 
Ammunition Plant consisting of approximately 2,000 acres of addi-
tional riverfront property in order to connect the parcel conveyed 
under paragraph (2) with the parcels of Charlestown State Park 
112 STAT. 2218 
PUBLIC LAW 105-261—OCT. 17, 1998 
conveyed to the State under paragraph (1) and title II of the 
Defense Authorization Amendments and Base Closure and Realign-
ment Act (Public Law 100-526; 10 U.S.C. 2687 note).". 
SEC. 2844. LAND CONVEYANCE, VOLUNTEER ARMY AMMUNITION 
PLANT, CHATTANOOGA, TENNESSEE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to Hamilton County, Tennessee (in this section referred 
to as the "County), all right, title, and interest of the United 
States in and to a parcel of real property, including improvements 
thereon, consisting of approximately 1,033 acres located at the 
Volunteer Army Ammunition Plant, Chattanooga, Tennessee, for 
the purpose of developing the parcel as an industrial park to replace 
all or part of the economic activity lost at the inactivated plant. 
(b) CONSIDERATION.—Except as provided in subsection (d), as 
consideration for the conveyance under subsection (a), the County 
shall pay to the Secretary an amount equal to the fair market 
value of the conveyed property as of the time of the conveyance, 
determined by the Secretary in accordance with Federal appraisal 
standards and procedures. 
(c) TIME FOR PAYMENT.—^The consideration required under sub-
section (b) shall be paid by the County at the end of the 10-
year period beginning on the date on which the conveyance under 
subsection (a) is completed. 
(d) EFFECT OF RECONVEYANCE OR LEASE.—(1) If the County 
reconveys all or any part of the conveyed property during the 
10-year period specified in subsection (c), the County shall pay 
to the United States an amount equal to the fair market value 
of the reconveyed property as of the time of the reconveyance, 
excluding the value of any improvements made to the property 
by the County, determined by the Secretary in accordance with 
Federal appraisal standards and procedures. 
(2) The Secretary may treat a lease of the property within 
such 10-year period as a reconveyance if the Secretary determines 
that the lease is being used to avoid application of paragraph 
(1). 
(e) DEPOSIT OF PROCEEDS.—^The Secretary shall deposit any 
proceeds received under subsection (b) or (d) in the special account 
established pursuant to section 204(h)(2) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)). 
(f) EFFECT ON EXISTING LEASES.—^The conveyance of the real 
property under subsection (a) shall not affect the terms or length 
of any contract entered into by the Secretary before the date of 
the enactment of this Act with regard to the property to be conveyed. 
(g) ADMINISTRATIVE EXPENSES.—^In connection with the convey-
ance under subsection (a), the Secretary may accept amounts pro-
vided by the County or other persons to cover administrative 
expenses incurred by the Secretary in making the conveyance. 
Amounts received under this subsection for administrative expenses 
shall be credited to the appropriation, fund, or account from which 
the expenses were paid. Amounts so credited shall be merged with 
funds in such appropriation, fund, or account and shall be available 
for the same purposes and subject to the same limitations as the 
funds with which merged. 
(h) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2219 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the County. 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2845. LAND CONVEYANCE, STEWART ARMY SUB-POST, NEW WIND-
SOR, NEW YORK 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Town of New Windsor, New 
York (in this section referred to as the "Town"), all right, title, 
and interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 291 
acres at the Stewart Army Sub-Post in New Windsor, New York, 
for the purpose of permitting the Town to develop the parcel for 
economic purposes. 
(b) EXCLUSION.—^The real property to be conveyed under sub-
section (a) does not include any portion of the approximately 89.2-
acre parcel at Stewart Army Sub-Post that is proposed for transfer 
to the jurisdiction and control of the Marine Corps or the approxi-
mately 22-acre parcel at Stewart Army Sub-Post that is proposed 
for transfer to the jurisdiction and control of the Army Reserve. 
(c) CONDITIONS OF CoNVEYANCE.^The conveyance authorized 
by subsection (a) may only be made subject to the following condi-
tions: 
(1) The Town must agree to provide connections to the 
local wastewater and sewage treatment system for all existing 
and future improvements to the parcels of real property referred 
to in subsection (b). 
(2) The Town must agree to provide virastewater and sewage 
treatment service to such parcels at a rate established by 
the appropriate Federal or State regulatory authority. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Town. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
PART n—NAVY CONVEYANCES 
SEC. 2851. CONVEYANCE OF EASEMENT, MAREVE CORPS BASE, CAMP 
PENDLETON, CALIFORNIA. 
(a) EASEMENT AUTHORIZED.—The Secretary of the Navy may 
grant an easement, in perpetuity, to the Foothill/Eastern Transpor-
tation Corridor Agency (in this section referred to as the "Agency") 
over a parcel of real property at Marine Corps Base, Camp Pendle-
ton, California, consisting of approximately 340 acres to permit 
the recipient of the easement to construct, operate, and maintain 
a restricted access highway. The area covered by the easement 
shall include slopes and all necessary incidents thereto. 
(b) CONSIDERATION.—As consideration for the grant of an ease-
ment under subsection (a), the Agency shiiU pay to the United 
States an amount equal to the fair market value of the easement. 
112 STAT. 2220 
PUBLIC LAW 105-261—OCT. 17, 1998 
as determined by an independent appraisal satisfactory to the Sec-
retary and paid for by the Agency. 
(c) USE OF PROCEEDS.—In such amounts as are provided in 
advance in appropriation Acts, the Secretary shall use the funds 
paid by the Agency under subsection (b) to carry out one or more 
of the following programs at Camp Pendleton: 
(1) Enhancement of access from Red, White, and Green 
Beaches under Interstate Route 5 and railroad crossings to 
inland areas. 
(2) Improvement of roads and bridge structures in the 
range and training area. 
(3) Realignment of Basilone Road. 
(d) DESCRIPTION OF PROPERTY,—^The exact acreage and legal 
description of the easement to be granted under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the Agency. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the grant of an easement under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2852. LAND EXCHANGE, NAVAL RESERVE READINESS CENTER, 
PORTLAND, MAINE. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy 
may convey to the Gulf of Maine Aquarium Development Corpora-
tion, Portland, Maine (in this section referred to as the "Corpora-
tion"), all right, title, and interest of the United States in and 
to a parcel of real property, including improvements thereon, 
consisting of approximately 3.72 acres in Portland, Maine, and 
containing the Naval Reserve Readiness Center, Portland, Maine, 
for the purpose of permitting the Corporation to use the parcel 
for economic development and as the site for an aquarium and 
marine research facility. 
(2) As part of the conveyance under paragraph (1), the Secretary 
shall also convey to the Corporation any interest of the United 
States in the submerged lands adjacent to the real property con-
veyed under that paragraph that is appurtenant to the real property 
conveyed under that paragraph. 
(b) PROVISION OF REPLACEMENT FACILITIES.—AS consideration 
for the conveyance authorized by subsection (a), the Corporation 
shall design and construct such facilities as the Secretary deter-
mines appropriate for the Naval Reserve to replace the facilities 
conveyed under that subsection. 
(c) LOCATION OF REPLACEMENT FACILITIES.—(1) To provide a 
location for the replacement facilities required under subsection 
(b), the Corporation shall— 
(A) convey to the United States all right, title, and interest 
in and to a parcel of real property determined by the Secretary 
to be an appropriate location for such facilities; or 
(B) design and construct such facilities on such parcel 
of real property under the jurisdiction of the Secretary as 
the Secretary shall specify. 
(2) The Secretary shall select the alternative provided under 
paragraph (1) to be used by the Corporation. 
(d) NOTICE AND WAIT.—^The Secretary may not make the 
conveyance authorized by subsection (a) until 21 days after the 
date on which the Secretary submits to the congressional defense 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2221 
committees a report specifying the terms and conditions under 
which the conveyance will occur. 
(e) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a)(1), of any interest to be conveyed under subsection (a)(2), and 
of the real property, if any, to be conveyed under subsection (c)(1)(A) 
shall be determined by surveys satisfactory to the Secretary. The 
cost of the surveys shall be borne by the Corporation. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2853. LAND CONVEYANCE, NAVAL AND MARINE CORPS RESERVE 
FACIUTY, YOUNGSTOWN, OHIO. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Navy may 
convey, without consideration, to the City of Youngstown, Ohio 
(in this section referred to as the "City"), all right, title, and interest 
of the United States in and to a parcel of real property, including 
improvements thereon, that is located at 315 East Laclede Avenue 
in Youngstown, Ohio, and is the location of a Naval and Marine 
Corps Reserve facility, for the purpose of permitting the City to 
use the parcel for educational purposes. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditicms in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2854. LAND CONVEYANCE, NAVAL AIR RESERVE CENTER, MIN-
NEAPOUS, MINNESOTA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the Minneapolis-St. Paul Metropolitan Airports Commis-
sion, Minnesota (in this section referred to as the "Commission"), 
all right, title, and interest of the United States in and to a parcel 
of real property, including improvements thereon, consisting of 
approximately 32 acres located in Minneapolis, Minnesota, and 
comprising the Naval Air Reserve Center, Minneapolis, Minnesota, 
for the purpose of facilitating the expansion of the Minneapolis-
St. Paul International Airport. 
(b) ALTERNATIVE LEASE AUTHORITY.—In lieu of the conveyance 
authorized by subsection (a), the Secretary may elect to lease the 
property referred to in that subsection to the Commission if the 
Secretary determines that a lease of the property would better 
serve the interests of the United States. 
112 STAT. 2222 
PUBLIC LAW 105-261—OCT. 17, 1998 
(c) PROVISION OF REPLACEMENT FACILITIES.—AS consideration 
for the conveyance under subsection (a), or the lease under sub-
section (b), the Commission shall— 
(1) provide for such facilities as the Secretary considers 
appropriate for the Naval Reserve to replace the facilities con-
veyed or leased under this section; 
(2) assume the costs of designing and constructing such 
replacement facilities, as may be acceptable to the Secretary; 
and 
(3) assume any costs incurred by the Secretary in relocating 
the operations of the Naval Air Reserve Center to such replace-
ment facilities. 
(d) LOCATION OF REPLACEMENT FACILITIES.—TO provide a loca-
tion for the replacement facilities required under subsection (c), 
the Commission may— 
(1) convey to the United States all right, title, and interest 
in and to a parcel of real property determined by the Secretary 
to be an appropriate location for such facilities, if the Secretary 
elects to make the conveyance authorized by subsection (a); 
or 
(2) lease to the United States a parcel of real property 
determined by the Secretary to be an appropriate location for 
such facilities, if the Secretary elects to make the lease author-
ized by subsection (b). 
(e) AVAILABILITY OF REPLACEMENT FACILITIES.—The Secretary 
may not make the conveyance authorized by subsection (a), or 
enter into the lease authorized by subsection (b), until the replace-
ment facilities required by subsection (c) are available for the reloca-
tion of the operations of the Naval Air Reserve Center. 
(f) AGREEMENT RELATING TO CONVEYANCE.—(1) If the Secretary 
determines to proceed with the conveyance authorized by subsection 
(a), or the lease authorized by subsection (b), the Secretary and 
the Commission shall enter into an agreement specifying the terms 
and conditions under which the conveyance or lease will occur. 
(2) The Secretary may not enter into the agreement under 
paragraph (1) until 21 days after the date on which the Secretary 
submits to the congressional defense committees a report specifying 
the terms and conditions under which the conveyance or lease 
will occur. 
(g) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed to the Commission 
under subsection (a), or leased to the Commission under subsection 
(b), and the exact acreage and legal description of the real property 
to be conveyed or leased under subsection (d) to the United States, 
shall be determined by surveys satisfactory to the Secretary. The 
cost of the surveys shall be borne by the Commission. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a), or the lease under subsection 
(b), as the Secretary considers appropriate to protect the interests 
of the United States, 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2223 
PART in—AIR FORCE CONVEYANCES 
SEC. 2861. MODIFICATION OF LAND CONVEYANCE, EGUN AIR FORCE 
BASE, FLORIDA. 
Section 809(c) of the Military Construction Authorization Act, 
1979 (PubUc Law 95-356; 92 Stat. 587), as amended by section 
2826 of the Military Construction Authorization Act, 1989 (division 
B of Public Law 100-456; 102 Stat. 2123), is further amended 
by striking out "and a third parcel containing forty-two acres" 
and inserting in lieu thereof ", a third parcel containing forty-
two acres, a fourth parcel containing approximately 3.43 acres, 
and a fifth parcel containing approximately 0.56 acres". 
SEC. 2862. MODIFICATION OF LAND CONVEYANCE, FINLEY AIR FORCE 
STATION, NORTH DAKOTA. 
Section 2835 of the Military Construction Authorization Act 
for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 
3063) is amended— 
(1) by striking out subsections (a), (b), and (c) and inserting 
in lieu thereof the following new subsections: 
"(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the City of Finley, North 
Dakota (in this section referred to as the 'City'), all right, title, 
and interest of the United States in and to the parcels of real 
property, including improvements thereon, in the vicinity of Finley, 
North Dakota, described in subsection (b), for the purpose of permit-
ting the City to use the parcels for economic development. 
"(b) COVERED PARCELS.—^The parcels of real property authorized 
for conveyance under subsection (a) are as follows: 
"(1) A parcel of approximately 14 acres that served as 
the support complex of the Finley Air Force Station and Radar 
Site. 
"(2) A parcel of approximately 57 acres known as the Finley 
Air Force Station Complex. 
"(3) A parcel of approximately 6 acres that includes a 
well site and wastewater treatment system. 
"(c) REVERSIONARY INTEREST.—^During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing."; and 
(2) in subsections (d) and (e), by striking out "subsection 
(a)(1)" and inserting in lieu thereof "subsection (a)". 
SEC. 2863. LAND CONVEYANCE, LAKE CHARLES AIR FORCE STATION, 
LOUISIANA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to McNeese State University 
of Louisiana (in this section referred to as the "University"), all 
right, title, and interest of the United States in and to a parcel 
of real property, including improvements thereon, consisting of 
112 STAT. 2224 
PUBLIC LAW 105-261—OCT. 17, 1998 
approximately 4.38 acres at Lake Charles Air Force Station, Louisi-
ana, for the purpose of permitting the University to use the parcel 
for educational purposes and agricultural research. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the University. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2864. LAND CONVEYANCE, AIR FORCE HOUSING FACILITY, LA 
JUNTA, COLORADO. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Air Force 
may convey, without consideration, to the City of La Junta, Colorado 
(in this section referred to as the "City"), all right, title, and interest 
of the United States in and to the unused Air Force housing 
facility, consisting of approximately 28 acres and improvements 
thereon, located within the southern-most boundary of the City, 
for the purpose of permitting the City to develop the conveyed 
property for housing and educational purposes. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the City. 
(c) REVERSIONARY INTEREST.—During the 5-year period begin-
ning on the date the Secretary makes the conveyance authorized 
under subsection (a), if the Secretary determines that the conveyed 
real property is not being used in accordance with the purpose 
of the conveyance specified in such subsection, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2225 
Subtitle E—Other Matters 
SEC. 2871. MODIFICATION OF AUTHORITY RELATING TO DEPARTMENT 
OF DEFENSE LABORATORY REVITAUZATION DEM-
ONSTRATION PROGRAM. 
(a) PROGRAM REQUIREMENTS.—Subsection (c) of section 2892 
of the Military Construction Authorization Act for Fiscal Year 1996 
(division B of Public Law 104r-106; 110 Stat. 590; 10 U.S.C. 2805 
note) is amended to read as follows: 
"(c) PROGRAM REQUIREMENTS.—(1) Not later than 30 days 
before commencing the program, the Secretary shall establish proce-
dures for the review and approval of requests from Department 
of Defense laboratories for construction under the program. 
"(2) The laboratories at which construction may be carried 
out under the program may not include Department of Defense 
laboratories that are contractor-owned.". 
(b) REPORT.—Subsection (d) of that section is amended to read 
as follows: 
"(d) REPORT.—^Not later than February 1, 2003, the Secretary 
shall submit to Congress a report on the program. The report 
shall include the Secretary's conclusions and recommendation 
regarding the desirability of making the authority set forth under 
subsection (b) permanent.". 
(c) EXTENSION.—Subsection (g) of that section is amended by 
striking out "September 30, 1998" and inserting in lieu thereof 
"September 30, 2003". 
SEC. 2872. REPEAL OF PROHIBITION ON JOINT USE OF GRAY ARMY 
AIRFIELD, FORT HOOD, TEXAS, WITH CIVIL AVIATION. 
Section 319 of the National Defense Authorization Act for Fiscal 
Year 1987 (Public Law 99-661; 100 Stat. 3855) is repealed. 
SEC. 2873. MODIFICATION OF DEMONSTRATION PROJECT FOR PUR-
CHASE OF FIRE, SECURITY, POUCE, PUBLIC WORKS, AND 
UTIUTY SERVICES FROM LOCAL GOVERNMENT AGEN-
CIES. 
Section 816 of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 2820), as amended by 
section 352 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2491), is further 
amended— 
(1) in subsection (a), by striking out ", beginning October 
1, 1994,"; 
(2) in subsection (b), by striking out "and 1998" and insert-
ing in lieu thereof "through 2000"; and 
(3) by adding at the end the following new subsection: 
"(c) DURATION OF PROJECT.—^The authority to purchase or 
receive services under the demonstration project shall expire on 
September 30, 2000.". 
SEC. 2874. DESIGNATION OF BUILDING CONTAINING NAVY AND 
MARINE CORPS RESERVE CENTER, AUGUSTA, GEORGIA. 
The building containing the Navy and Marine Corps Reserve 
Center located at 2869 Central Avenue in Augusta, Georgia, shall 
be known and designated as the "A. James Dyciss Building". 
112 STAT. 2226 
PUBLIC LAW 105-261—OCT. 17, 1998 
Juniper Butte 
TITLE XXIX-^UNIPER BUTTE RANGE 
fedrawal Act. 
WITHDRAWAL 
Sec. 2901. Short title. 
Sec. 2902. Withdrawal and reservation. 
Sec. 2903. Map and legal description. 
Sec. 2904. Agency agreement. 
Sec. 2905. Right-of-way grants. 
Sec. 2906. Indian sacred sites. 
Sec. 2907. Actions concerning ranching operations in withdrawn area. 
Sec. 2908. Management of withdrawn and reserved lands. 
Sec. 2909. Integrated natural resource management plan. 
Sec. 2910. Memorandum of understanding. 
Sec. 2911. Maintenance of roads. 
Sec. 2912. Management of withdrawn and acquired mineral resources. 
Sec. 2913. Hunting, fishing, and trapping. 
Sec. 2914. Water rights. 
Sec. 2915. Duration of withdrawal. 
Sec. 2916. Environmental remediation of relinquished withdrawn lands or upon 
termination of withdrawal. 
Sec. 2917. Delegation of authority. 
Sec. 2918. Hold harmless. 
Sec. 2919. Authorization of appropriations. 
SEC. 2901. SHORT TITLE. 
This title may be cited as the "Juniper Butte Range Withdrawal 
Act". 
SEC. 2902. WITHDRAWAL AND RESERVATION. 
(a) WITHDRAWAL.—Subject to valid existing rights and except 
as otherwise provided in this title, the lands at the Juniper Butte 
Range, Idaho, referred to in subsection (c), are withdrawn from 
^ 
all forms of appropriation under the public land laws, including 
the mining laws and the mineral and geothermal leasing laws 
but not the Act of July 31, 1947 (commonly known as the Materials 
Act of 1947; 30 U.S.C. 601 et seq.). 
(b) RESERVED USES.—The lands withdrawn under subsection 
(a) are reserved for use by the Secretary of the Air Force for— 
(1) a high hazard training area; 
(2) dropping non-explosive training ordnance with spotting 
charges; 
(3) electronic warfare and tactical maneuvering and air 
support; and 
(4) other defense-related purposes consistent with the pur-
poses specified in paragraphs (1), (2), and (3), including contin-
ued natural resource management and environmental remedi-
ation in accordance with section 2916. 
(c) SITE DEVELOPMENT PLANS.—(1) Site development plans shall 
be prepared before construction. 
(2) Site development plans shall be incorporated in the 
integrated natural resource management plan developed under sec-
tion 2909. 
(3) Except in the case of any minimal improvements, develop-
ment on the withdrawn lands of any facilities beyond those proposed 
and analyzed in the Environmental Impact Statement concerning 
Enhanced Training in Idaho, prepared by the Secretary of the 
Air Force, the Record of Decision dated March 10, 1998, concerning 
Enhanced Training in Idaho, prepared by the Secretary of the 
Air Force, and the site development plans shall be contingent upon 
review and approval of the Idaho State Director of the Bureau 
of Land Management. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2227 
(d) GENERAL DESCRIPTION.—(1) The public lands withdrawn 
and reserved by this section comprise approximately 11,300 acres 
of public land in Owhyee County, Idaho, as generally depicted 
on the map entitled "Juniper Butte Range Withdrawal—Proposed", 
dated June 1998, that will be filed in accordance with section 
2903. 
(2) The withdrawal is for an approximately 10,600-acre tactical 
training range, a 640-acre no-drop target site, four 5-acre no-drop 
target sites and nine 1-acre electronic threat emitter sites. 
SEC. 2903. MAP AND LEGAL DESCRIPTION. 
(a) IN GENERAL.—^As soon as practicable after the date of the 
enactment of this Act, the Secretary of the Interior shall— 
(1) publish in the Federal Register a notice containing 
the legal description of the lands withdrawn and reserved by 
this title; and 
(2) file a map or maps and the legal description of the 
lands withdrawn and reserved by this title with the Committee 
on Energy and Natural Resources of the Senate and with 
the Committee on Resources of the House of Representatives. 
(b) INCORPORATION BY REFERENCE.—Such maps and legal 
description shall have the same force and effect as if included 
in this title. 
(c) CORRECTION OF ERRORS.—^The Secretary of the Interior may 
correct clerical and typographical errors in such map or maps 
and legal description. 
(d) AVAILABILITY.—Copies of such map or maps and the legal 
description shall be available for public inspection in the following 
offices: 
(1) The office of the Idaho State Director of the Bureau 
of Land Management. 
(2) The offices of the managers of the Lower Snake River 
District, Bureau Field Office and Jarbidge Field Office of the 
Bureau of Land Management. 
(3) The Office of the commander of Mountain Home Air 
Force Base, Idaho. 
(e) UTILIZATION OF AIR FORCE DESCRII»TIONS AND MAPS.—TO 
the extent practicable, the Secretary of the Interior shall adopt 
the legal description and maps prepared by the Secretary of the 
Air Force in support of this title. 
(f) REIMBURSEMENT OF COSTS.—^The Secretary of the Air Force 
shall reimburse the Secretary of the Interior for the costs incurred 
by the Department of the Interior in implementing this section. 
SEC. 2904. AGENCY AGREEMENT. 
(a) FINDINGS.—Congress makes the foUo^ving findings: 
(1) The Bureau of Land Management and the Air Force 
have agreed upon additional mitigation measures associated 
with this land withdrawal as specified in the "ENHANCED 
TRAINING IN IDAHO 
Memorandum of Understanding 
Between The Bureau of Land Management and The United 
States Air Force" dated June 11, 1998. 
(2) This agreement specifies that these mitigation measures 
will be adopted as part of the Air Force's Record of Decision 
for Enhanced Training in Idaho. 
(3) Congress endorses this collaborative effort between the 
agencies and directs that the agreement be implemented. 
112 STAT. 2228 
PUBLIC LAW 105-261—OCT. 17, 1998 
(b) MODIFICATION.—^The parties may, in accordance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), mutually agree to modify the mitigation measures specified 
in the agreement in light of experience gained through the actions 
called for in the agreement or as a result of changed military 
circumstances. 
(c) CONSTRUCTION.—^Neither the agreement, any modification 
thereof, nor this section creates any right, benefit, or trust respon-
sibility, substantive or procedural, er^orceable at law or equity 
by a party against the United States, its agencies, its officers, 
or any person. 
SEC. 2905. RIGHT-OF-WAY GRANTS. 
In addition to the withdrawal under section 2902 and in accord-
ance with all applicable laws, the Secretary of the Interior shall 
process and grant the Secretary of the Air Force rights-of-way 
using the Department of the Interior regulations and policies in 
effect at the time of filing applications for the one-quarter acre 
electronic warfare threat emitter sites, roads, powerlines, and other 
ancillary facilities as described and analyzed in the Enhanced Train-
ing in Idaho Final Environmental Impact Statement, dated January 
1998. 
SEC. 2906. INDIAN SACRED SITES. 
(a) MANAGEMENT.—(1) In the management of the Federal lands 
withdrawn and reserved by this title, the Air Force shall, to the 
extent practicable and not clearly inconsistent with essential agency 
functions— 
(A) accommodate access to and ceremonial use of Indian 
sacred sites by Indian religious practitioners; and 
(B) avoid adversely affecting the integrity of such sacred 
sites. 
(2) The Secretary of the Air Force shall maintain the confiden-
tiality of such sites where appropriate. 
(b) CONSULTATION.—Vne commander of Mountain Home Air 
Force Base, Idaho, shall regularly consult with the Tribal Chairman 
of the Shoshone-Paiute Tribes of the Duck Valley Reservation to 
assure that tribal government rights and concerns are fully consid-
ered during the development of the Juniper Butte Range. 
(c) DEFINITIONS.—^In this section: 
(1) The term "sacred site" shall mean any specific, discrete, 
narrowly delineated location on Federal land that is identified 
by an Indian tribe, or Indian individual determined to be an 
appropriately authoritative representative of an Indian religion, 
as sacred by virtue of its established religious significance 
to, or ceremonial use by, an Indian religion but only to the 
extent that the tribe or appropriately authoritative representa-
tive of an Indian religion has informed the Air Force of the 
existence of such a site. 
(2) The term "Indian tribe" means an Indian or Alaska 
Native tribe, band, nation, pueblo, village, or community that 
the Secretary of the Interior acknowledges to exist as an Indian 
tribe pursuant to the Federally Recognized Indian Tribe List 
Act of 1994 (25 U.S.C. 479a-l). 
(3) The term "Indian" refers to a member of an Indian 
tribe. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2229 
SEC. 2907. ACTIONS CONCERNING RANCHING OPERATIONS IN WITH-
DRAWN AREA 
(a) AUTHORITY TO CONCLUDE AND IMPLEMENT AGREEMENTS.— 
The Secretary of the Air Force is authorized and directed to, upon 
such terms and conditions as the Secretary of the Air Force consid-
ers just and in the national interest, conclude and implement agree-
ments with the grazing permittees to provide appropriate consider-
ation, including future grazing arrangements. 
(b) IMPLEMENTATION.—(1) Upon the conclusion of these agree-
ments, the Assistant Secretary of the Interior for Land and Minerals 
Management shall grant rights-of-way and approvals and take such 
actions as are necessary to implement promptly this title and the 
agreements with the grazing permittees. 
(2) The Secretary of the Air Force and the Secretary of the 
Interior shall allow the grazing permittees for lands withdrawn 
and reserved by this title to continue their activities on the lands 
in accordance with the permits and their applicable regulations 
until the Secretary of the Air Force has fully implemented the 
agreement with the grazing permittees under this section. 
(3) Upon the implementation of these agreements, the Bureau 
of Land Management is authorized and directed, subject to the 
limitations included in this section, to terminate grazing on the 
lands withdrawn. 
SEC. 2908. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS. 
(a) IN GENERAL.—^Except as provided in section 2916(d), during 
the withdrawal and reservation of any lands under this title, the 
Secretary of the Air Force shall manage such lands for purposes 
relating to the uses set forth in section 2902(b). 
(b) MANAGEMENT ACCORDING TO PLAN.—^The lands withdrawn 
and reserved by this title shall be managed in accordance with 
the provisions of this title under the integrated natural resources 
management plan prepared under section 2909. 
(c) AUTHORITY TO CLOSE LAND.—(1) If the Secretary of the 
Air Force determines that military operations, public safety, or 
the interests of national security require the closure to public use 
of any road, trail, or other portion of the lands withdrawn by 
this title that are commonly in public use, the Secretary of the 
Air Force may take such action. 
(2) Closures under paragraph (1) shall be limited to the mini-
mum areas and periods required for the purposes specified in this 
subsection. 
(3) During closures, the Secretary of the Air Force shall keep 
appropriate warning notices posted and take appropriate steps to 
notify the public about the closures. 
(d) LEASE AUTHORITY.—^The Secretary of the Air Force may 
enter into leases for State lands with the State of Idaho in support 
of the Juniper Butte Range and operations at the Juniper Butte 
Range. 
(e) PREVENTION AND SUPPRESSION OF FIRE.—(1) The Secretary 
of the Air Force shall take appropriate precautions to prevent 
and suppress brush fires and range fires that occur within the 
boundaries of the Juniper Butte Range, as well as brush and 
range fires occurring outside the boundaries of the Range resulting 
from military activities. 
112 STAT. 2230 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) Notwithstanding section 2465 of title 10, United States 
Code, the Secretary of the Air Force may obligate funds appro-
priated or otherwise available to the Secretary to enter into con-
tracts for fire-fighting. 
(3)(A) The memorandum of understanding under section 2910 
shall provide for the Bureau of Land Management to assist the 
Secretary of the Air Force in the suppression of the fires described 
in paragraph (1). 
(B) The memorandum of understanding shall provide that the 
Secretary of the Air Force reimburse the Bureau of Land Manage-
ment for any costs incurred by the Bureau of Land Management 
under this paragraph. 
(f) USE OF MINERAL MATERIALS.—Notwithstanding any other 
provision of this title or the Act of July 31, 1947 (commonly known 
as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary 
of the Air Force may use, from the lands withdrawn and reserved 
by this title, sand, gravel, or similar mineral material resources 
of the type subject to disposition under the Act of July 31, 1947, 
when the use of such resources is required for construction needs 
of the Juniper Butte Range. 
SEC. 2909. INTEGRATED NATURAL RESOURCE MANAGEMENT PLAN. 
(a) REQUIREMENT.—(1)(A) Not later than 2 years after the 
date of the enactment of this Act, the Secretary of the Air Force 
shall, in cooperation with the Secretary of the Interior, the State 
of Idaho, and Owyhee County, Idaho, develop an integrated natural 
resources management plan to address the management of the 
resources of the lands withdrawn and reserved by tWs title during 
their withdrawal and reservation under this title. 
(B) Additionally, the integrated natural resource management 
plan shall address mitigation and monitoring activities by the Air 
Force for State and Federal lands affected by military training 
activities associated with the Juniper Butte Range. 
(C) The foregoing will be done cooperatively between the Air 
Force, the Bureau of Land Management, the State of Idaho, and 
Owyhee County, Idaho. 
(2) Except as otherwise provided under this title, the integrated 
natural resources management plan under this section shall be 
developed in accordance with, and meet the requirements of, section 
101 of the Sikes Act (16 U.S.C. 670a). 
(3)(A) Site development plans shall be prepared before construc-
tion of facilities. 
(B) Such plans shall be reviewed by the Bureau of Land 
Management, for Federal lands, and the State of Idaho, for State 
lands, for consistency with the proposal assessed in the Enhanced 
Training in Idaho Environmental Impact Statement. 
(C) The 
portion 
of such 
development 
plans 
describing 
/ 
reconfigurable or replacement targets may be conceptual. 
(b) ELEMENTS.—^The integrated natural resources management 
plan under subsection (a) shall— 
(1) include provisions for the proper management and 
protection of the natural, cultural, and other resources and 
values of the lands withdrawn and reserved by this title and 
for the use of such resources in a manner consistent with 
the uses set forth in section 2902(b); 
(2) permit Uvestock grazing at the discretion of the Sec-
retary of the Air Force in accordance with section 2907 or 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2231 
any other authorities relating to livestock grazing that are 
available to that Secretary; 
(3) permit fencing, water pipeline modifications and exten-
sions, and the construction of aboveground water reservoirs, 
and the maintenance and repair of these items on the lands 
withdrawn and reserved by this title, and on other lands under 
the jurisdiction of the Bureau of Land Management; and 
(4) otherwise provide for the management by the Secretary 
of the Air Force of any lands withdrawn and reserved by 
this title while retained under the jurisdiction of that Secretary 
under this title. 
(c) PERIODIC REVIEW.—^The Secretary of the Air Force shall, 
in cooperation with the Secretary of the Interior and the State 
of Idaho, review the adequacy of the provisions of the integrated 
natural resources management plan developed under this section 
at least once every 5 years after the effective date of the plan. 
SEC. 2910. MEMORANDUM OF UNDERSTANDING. 
(a) REQUIREMENT.—^The Secretary of the Air Force, the Sec-
retary of the Interior, and the Governor of the State of Idaho 
shall jointly enter into a memorandum of understanding to imple-
ment the integrated natural resources management plan required 
under section 2909. 
(b) TERM.—The memorandum of understanding under sub-
section (a) shall apply to any lands withdi'awn and reserved by 
this title until their relinquishment by the Secretary of the Air 
Force under this title. 
(c) MODIFICATION.—^The memorandum of understanding under 
subsection (a) may be modified by agreement of all the parties 
specified in that subsection. 
SEC. 2911. MAINTENANCE OF ROADS. 
The Secretary of the Air Force shall enter into agreements 
with the Owyhee County Highway District, Idaho, and the Three 
Creek Good Roads Highway District, Idaho, under which the Sec-
retary of the Air Force shall pay the costs of road maintenance 
incurred by such districts that are attributable to operations of 
the Department of the Air Force associated with the Juniper Butte 
Range. 
SEC. 2912. MANAGEMENT OF ¥nmiDRAWN AND ACQUIRED MINERAL 
RESOURCES. 
Except as provided in subsection 2908(f), the Secretary of the 
Interior shall manage all withdrawn and acquired mineral resources 
within the boundaries of the Juniper Butte Range in accordance 
with the Act of February 28, 1958 (commonly known as the Engle 
Act; 43 U.S.C. 155 et seq.). 
SEC. 2913. HUNTING, FISHING, AND TRAPPING. 
All hunting, fishing, and trapping on the lands withdrawn 
and reserved by this title shall be conducted in accordance with 
section 2671 of title 10, United States Code. 
SEC. 2914. WATER RIGHT& 
(a) LIMITATION.—^The Secretary of the Air Force shall not seek 
or obtain any water rights associated with any water pipeline 
modified or extended, or aboveground water reservoir constructed, 
for purposes of consideration under section 2907. 
112 STAT. 2232 
PUBLIC LAW 105-261—OCT. 17, 1998 
(b) NEW RIGHTS.—(1) Nothing in this title shall be construed 
to establish a reservation in favor of the United States with respect 
to any water or water right on the lands withdrawn and reserved 
by this title. 
(2) Nothing in this title shall be construed to authorize the 
appropriation of water on the lands withdrawn and reserved by 
this title by the United States after the date of the enactment 
of this Act unless such appropriation is carried out in accordance 
with the laws of the State of Idaho. 
(c) APPLICABILITY.—^This section may not be construed to affect 
any water rights acquired by the United States before the date 
of the enactment of this Act. 
SEC. 2915. DURATION OF WITHDRAWAL. 
(a) TERMINATION—(1) Except as otherwise provided in this sec-
tion and section 2916, the withdrawal and reservation made by 
this title shall terminate 25 years after the date of the enactment 
of this Act. 
Federal Register, 
(2) At the time of termination, the previously withdrawn lands 
publication. 
shall not be open to the general land laws, including the mining 
laws and the mineral and geothermal leasing laws, until the Sec-
retary of the Interior publishes in the Federal Register an appro-
priate order which shall state the date upon which such lands 
shall be opened. 
(b) RELINQUISHMENT.—(1) If the Secretary of the Air Force 
determines under subsection (c) that the Air Force has no continuing 
military need for any lands withdrawn and reserved by this title, 
the Secretary of the Air Force shall submit to the Secretary of 
the Interior a notice of intent to relinquish jurisdiction over such 
lands to the Secretary of the Interior. 
(2) The Secretary of the Interior may accept jurisdiction over 
any lands covered by a notice of intent to relinquish jurisdiction 
under paragraph (1) if the Secretary of the Interior determines 
that the Secretary of the Air Force has completed the environmental 
review required under section 2916(a) and the conditions under 
section 2916(c) have been met. 
Federal Register, 
(3) If the Secretary of the Interior decides to accept jurisdiction 
publication. 
over lands under paragraph (2) before the date of termination, 
as provided for in subsection (a)(1), the Secretary of the Interior 
shall publish in the Federal Register an appropriate order which 
shall— 
(A) revoke the withdrawal and reservation of such lands 
under this title; 
(B) constitute official acceptance of administrative jurisdic-
tion over the lands by the Secretary of the Interior; and 
(C) state the date upon which such lands shall be opened 
to the operation of the general land laws, including the mining 
laws and the mineral and geothermal leasing laws, if appro-
priate. 
(4) The Secretary of the Interior shall manage any lands relin-
quished under this subsection as multiple use status lands. 
(5) If the Secretary of the Interior decUnes pursuant to sub-
section (b)(2) to accept jurisdiction of any parcel of land proposed 
for relinquishment, that parcel shall remain under the continued 
administration of the Secretary of the Air Force pursuant to section 
2916(d). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2233 
(c) EXTENSION.—(1) In the case of any lands withdrawn and 
reserved by this title that the Air Force proposes to include in 
a notice of extension because of continued military need under 
paragraph (2), the Secretary of the Air Force shall, before issuing 
the notice under paragraph (2)— 
(A) evaluate the environmental effects of the extension 
of the withdrawal and reservation of such lands in accordance 
with all applicable laws and regulations; and 
(B) hold at least one public meeting in the State of Idaho 
regarding that evaluation. 
(2)(A) Not later than 2 years before the termination of the 
withdrawal and reservation of lands by this title under subsection 
(a), the Secretary of the Air Force shall notify Congress and the 
Secretary of the Interior as to whether or not the Air Force has 
a continuing military need for any of the lands withdrawn and 
reserved by this title, and not previously relinquished under this 
section, after the termination date as specified in subsection (a). 
(B)(i) The Secretary of the Air force shall specify in the notice 
under subparagraph (A) the duration of any extension or further 
extension of withdrawal and reservation of such lands under this 
title. 
(ii) The duration of each extension or further extension under 
clause (i) shall not exceed 25 years. 
(C) The notice under subparagraph (A) shall be published in Federal Register, 
the Federal Register and a newspaper of local distribution with publication, 
the opportunity for comments, within a 60-day period, which shall 
be provided to the Secretary of the Air Force and the Secretary 
of the Interior. 
(3)(A) Subject to subparagraph (B), in the case of any lands 
withdrawn and reserved by this title that are covered by a notice 
of extension under subsection (c)(2), the withdrawal and reservation 
of such lands shall extend under the provisions of this title after 
the termination date otherwise provided for under subsection (a) 
for such period as is specified in the notice under subsection (c)(2). 
(B) Subparagraph (A) shall not apply wit;h respect to any lands 
covered by a notice referred to in that paragraph until 90 legislative 
days after the date on which the notice with respect to such lands 
is submitted to Congress under paragraph (2). 
SEC. 2916. ENVIRONMENTAL REMEDIATION OF' RELINQUISHED WITH-
DRAWN LANDS OR UPON TERMINATION 
OF WITH-
DRAWAL. 
(a) ENVIRONMENTAL REVIEW.—(1) Before submitting under sec-
tion 2915 a notice of an intent to relinquish jurisdiction over lands 
withdrawn and reserved by this title, and in all cases not later 
than 2 years before the date of termination of withdrawal and 
reservation, the Secretary of the Air Force shall, in consultation 
with the Secretary of the Interior, complete a review that fully 
characterizes the environmental conditions of such lands (including 
any water and air associated with such lands) in order to identify 
any contamination on such lands. 
(2) The Secretary of the Air Force shall submit to the Secretary 
of the Interior a copy of the review prepared with respect to any 
lands under paragraph (1). The Secretary of the Air Force shall 
also submit at the same time any notice of intent to relinquish 
jurisdiction over such lands under section 2915. 
112 STAT. 2234 
PUBLIC LAW 105-261—OCT. 17, 1998 
(3) The Secretary of the Air Force shall submit a copy of 
any such review to Congress. 
(b) ENVIRONMENTAL REMEDIATION OF LANDS.—The Secretary 
of the Air Force shall, in accordance with applicable State and 
Federal law, carry out and complete environmental remediation— 
(1) before relinquishing jurisdiction to the Secretary of 
the Interior over any lands identified in a notice of intent 
to relinquish under section 2915(b); or 
(2) before the date of termination of the withdrawal and 
reservation, except as provided under subsection (d). 
(c) POSTPONEMENT OF RELINQUISHMENT.—The Secretary of the 
Interior shall not accept jurisdiction over any lands that are the 
subject of activities under subsection (b) until the Secretary of 
the Interior determines that environmental conditions on the lands 
are such that— 
(1) all necessary environmental remediation has been com-
pleted by the Secretary of the Air Force; 
(2) the lands are safe for nonmilitary uses; and 
(3) the lands could be opened consistent with the Secretary 
of the Interior's public land management responsibilities. 
(d) 
JURISDICTION WHEN WITHDRAWAL TERMINATES.—If 
the 
determination required by section (c) cannot be achieved for any 
parcel of land subject to the withdrawal and reservation before 
the termination date of the withdrawal and reservation, the Sec-
retary of the Air Force shall retain administrative jurisdiction over 
such parcels of land notwithstanding the termination date for the 
limited purposes of— 
(1) environmental remediation activities under subsection 
(b); and 
(2) any activities relating to the management of such lands 
after the termination of the withdrawal reservation for military 
purposes that are provided for in the integrated natural 
resources management plan under section 2909. 
(e) EFFECT ON OTHER LAWS.—^Nothing in this title shall affect, 
or be construed to affect, the obligations, if any, of the Secretary 
of the Air Force to decontaminate lands withdrawn by this title 
pursuant to applicable law, including the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.). 
SEC. 2917. DELEGATION OF AUTHORITY. 
(a) DEPARTMENT OF THE AIR FORCE FUNCTIONS.—^Except for 
executing the agreement referred to in section 2907, the Secretary 
of the Air Force may delegate that Secretary's functions under 
this title. 
(b) DEPARTMENT OF THE INTERIOR FUNCTIONS.—(1) Except as 
provided in paragraph (2), the Secretary of the Interior may delegate 
that Secretar^s fimctions under this title. 
(2) The order referred to in section 2915(b)(3) may be approved 
and signed only by the Secretary of the Interior, the Deputy Sec-
retary of the Interior, or an Assistant Secretary of the Interior. 
(3) The approvals granted by the Bureau of Land Management 
shall be pursuant to the decisions of the Secretary of the Interior, 
or the Assistant Secretary for Land and Minerals Management. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2235 
SEC. 2918. HOLD HARMLESS. 
Any party conducting any mining, mineral, or geothermal leas-
ing activity on lands withdrawn and reserved by this title shall 
indemnify the United States against any costs, fees, damages, or 
other liabilities (including costs of litigation) incurred by the United 
States and arising from or relating to such mining activities, includ-
ing costs of mineral materials disposal, whether arising under the 
Comprehensive 
Environmental 
Response, 
Compensation, 
and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), or otherwise. 
SEC. 2919. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out this title. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—^National Security Programs Authorizations 
Sec. 3101. Weapons activities. 
Sec. 3102. Defense environmental restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Defense environmental management privatization. 
Subtitle B—Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, and construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Sec. 3129. Transfers of defense environmental management funds. 
Subtitle C—Program Authorizations, Restrictions, and Limitations 
Sec. 3131. Permanent extension of funding prohibition relating to international 
cooperative stockpile stewardship. 
Sec. 3132. Support of ballistic missile defense activities of the Department of 
Defense. 
Sec. 3133. Nonproliferation activities. 
Sec. 3134. Licensing of certain mixed oxide fuel fabrication and irradiation facilities. 
Sec. 3135. Continuation of processing, treatment, and disposition of legacy nuclear 
materials. 
Sec. 3136. Authority for Department of Energy federally funded research and devel-
opment centers to participate in merit-based technology research and 
development programs. 
Sec. 3137. Activities of Department of Energy facilities. 
Sec. 3138. Hanford overhead and service center costs. 
Sec. 3139. Hanford waste tank cleanup program reforms. 
Sec. 3140. Hanford Health Information Network. 
Sec. 3141. Hazardous materials management and (jmergency response training 
program. 
Sec. 3142. Support for public education in the vicinity of Los Alamos National 
Laboratory, New Mexico. 
112 STAT. 2236 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 3143. Relocation of National Atomic Museum, Albuquerque, New Mexico. 
Sec. 3144. Tritium production. 
Subtitle 1>—Other Matters 
Sec. 3151. Study and plan relating to worker and community transition assistance. 
Sec. 3152. Extension of authority for appointment of certain scientific, engineering, 
and technical personnel. 
Sec. 3153. Requirement for plan to modify employment system used by Department 
of E n e i ^ in defense environmental management programs. 
Sec. 3154. Department of Energy nuclear materials couriers. 
Sec. 3155. Increase in maximum rate of pay for scientific, engineering, and technical 
personnel responsible for safety at defense nuclear facilities. 
Sec. 3156. Extension of authority of Department of Energy to pay voluntary separa-
tion incentive payments. 
Sec. 3157. Repeal of fiscal year 1998 statement of policy on stockpile stewardship 
program. 
Sec. 3158. Report on stockpile stewardship criteria. 
Sec. 3159. Panel to assess the reliability, safety, and security of the United States 
nuclear stockpile. 
Sec. 3160. International cooperative information exchange. 
Sec. 3161. Protection against inadvertent release of Restricted Data and Formerly 
Restricted Data. 
Sec. 3162. Sense of Conn-ess regarding treatment of Formerly Utilized Sites Reme-
dial Action Program under a nondefense discretionary budget function. 
Sec. 3163. Reports relating to tritium production. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. WEAPONS ACTIVITIES. 
(a) IN GENERAL.—^Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for weapons 
activities in carrying out programs necessary for national security 
in the amount of $4,511,600,000, to be allocated as follows: 
(1) STOCKPILE STEWARDSHIP.—Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 
1999 for stockpile stewardship in carrying out weapons activi-
ties necessary for national security programs in the amount 
of $2,148,375,000, to be allocated as follows: 
(A) For core stockpile stewardship, $1,591,375,000, to 
be allocated as follows: 
(i) For operation and maintenance, $1,475,832,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $115,543,000, to be allocated as follows: 
Project 99-D-102, rehabilitation of mainte-
nance facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $6,500,000. 
Project 99-D-103, isotope sciences facilities, 
Lawrence Livermore National Laboratory, Liver-
more, California, $4,000,000. 
Project 99-D--104, protection of real property 
(roof reconstruction. Phase II), Lawrence Liver-
more National Laboratory, Livermore, California, 
$7,300,000. 
Project 
99-D-105, 
central 
health 
physics 
calibration facility, Los Alamos National Labora-
tory, Los Alamos, New Mexico, $3,900,000. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2237 
Project 99-D-106, model validation and sys-
tem certification test center, Sandia National Lab-
oratories, Albuquerque, New Mexico, $1,600,000. 
Project 
99-D-107, 
joint 
computational 
engineering laboratory, Sandia National Labora-
tories, Albuquerque, New Mexico, $1,800,000. 
Project 99-D-108, renovate existing roadways, 
Nevada Test Site, Nevada, $2,000,000. 
Project 
97-D-102, 
dual-axis 
radiographic 
hydrotest facility, Los Alamos National Labora-
tory, Los Alamos, New Mexico, $36,000,000. 
Project 96-D-102, stockpile stewardship facili-
ties revitalization. Phase VI, various locations, 
$20,423,000. 
Project 
96-D-103, 
ATLAS, 
Los 
Alamos 
National Laboratory, Los Mamos, New Mexico, 
$6,400,000. 
Project 96-D-104, processing and environ-
mental technology laboratory, Sandia National 
Laboratories, 
Albuquerque, 
New 
Mexico, 
$18,920,000. 
Project 96-D-105, contained firing facility 
addition, Lawrence Li 
verm 
ore National Labora-
tory, Livermore, California, $6,700,000. 
(B) For inertial fusion, $498,000,000, to be allocated 
as follows: 
(i) For operation and maintenance, $213,800,000. 
(ii) For the following plant project (including 
maintenance, 
restoration, 
planning, 
construction, 
acquisition, and modification of facilities, and land 
acquisition related thereto), $284,200,000, to be allo-
cated as follows: 
Project 96-D-lll, national ignition facility, 
Lawrence Livermore National Laboratory, Liver-
more, California, $284,200,000. 
(C) 
For 
technology 
partnership 
and 
education, 
$59,000,000, to be allocated as follows: 
(i) For technology partnership, $50,000,000. 
(ii) For education, $9,000,000. 
(2) STOCKPILE MANAGEMENT.—Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 
1999 for stockpile management in carrying out weapons activi-
ties necessary for national security programs in the amount 
of $2,113,225,000, to be allocated as follows: 
(A) For operation and maintenance, $2,014,303,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$98,922,000, to be allocated as follows: 
Project 99-D-122, rapid reactivation, various loca-
tions, $11,200,000. 
Project 99-D-123, replace mechanical utility sys-
tems, Y-12 Plant, Oak Ridge, Tennessee, $1,900,000. 
Project 99-D-125, replace boilers and controls, 
Kansas City Plant, Kansas City, Missouri, $1,000,000. 
112 STAT. 2238 
PUBLIC LAW 105-261—OCT. 17, 1998 
Project 
99-D-127, 
stockpile 
management 
restructuring initiative, PCansas City Plant, Kansas 
City, Missouri, $13,700,000. 
Project 
99-D-128, 
stockpile 
management 
restructuring initiative, Pantex Plant consolidation, 
Amarillo, Texas, $1,108,000. 
Project 
99^D-132, 
stockpile 
management 
restructuring initiative, nuclear material safeguards 
and security upgrades project, Los Alamos National 
Laboratory, Los Alamos, New Mexico, $9,700,000. 
Project 
98-D-123, 
stockpile 
management 
restructuring initiative, tritium facility modernization 
and consolidation. Savannah River Site, Aiken, South 
Carolina, $27,500,000. 
Project 
98-D-124, 
stockpile 
management 
restructuring initiative, Y-12 Plant consolidation. Oak 
Ridge, Tennessee, $10,700,000. 
Project 97-D-122, nuclear materials storage facil-
ity renovation, Los Alamos National Laboratory, Los 
Alamos, New Mexico, $3,764,000. 
Project 97-D-123, structural upgrades, Kansas 
City Plant, Kansas City, Missouri, $6,400,000. 
Project 
96-D-122, 
sewage 
treatment 
quality 
upgrade, Pantex Plant, Amarillo, Texas, $3,700,000. 
Project 
95-D-102, chemistry and metallurgy 
research building upgrades, Los Alamos National Lab-
oratory, Los Alamos, New Mexico, $5,000,000. 
Project 93-D-122, life safety upgrades, Y-12 Plant, 
Oak Ridge, Tennessee, $3,250,000. 
(3) PROGRAM DIRECTION.—^Funds are hereby authorized to 
be appropriated to the Department of Energy for fiscal year 
1999 for program direction in carrying out weapons activities 
necessary for national security programs in the amount of 
$250,000,000. 
(b) ADJUSTMENTS.— 
(1) CONSTRUCTION.—^The total amount authorized to be 
appropriated pursuant to paragraphs (l)(A)(ii), (l)(B)(ii), and 
(2)(B) of subsection (a) is the sum of the amounts authorized 
to be appropriated in those paragraphs, reduced by $13,600,000. 
(2) NON-CONSTRUCTION.—^The total amount authorized to 
be appropriated pursuant to paragraphs (l)(A)(i), (l)(BXi), 
(1)(C), (2)(A), and (3) of subsection (a) is the sum of the amounts 
authorized to be appropriated in those paragraphs, reduced 
by $178,900,000, to be derived from use of prior year balances. 
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 
MANAGEMENT. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for environ-
mental restoration and waste management in carrying out programs 
necessary for national security in the amount of $5,446,143,000, 
to be allocated as follows: 
(1) CLOSURE PROJECTS.—^For closure projects carried out 
in accordance with section 3143 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
110 Stat. 
2836; 42 U.S.C. 7274n) in the amount of 
$1,038,240,000. 
PUBLIC LAW 105-261—OCT 17, 1998 
112 STAT. 2239 
(2) SITE PROJECT AND COMPLETION.—For site project and 
completion in carrying out environmental restoration and waste 
management activities necessary for national security programs 
in the amoimt of $1,067,253,000, to be allocated as follows: 
(A) For operation and maintenance, $868,090,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$199,163,000, to be allocated as follows: 
Project 99-D-402, tank farm support services, 
F&H areas. Savannah River Site, Aiken, South Caro-
lina, $2,745,000. 
Project 99-D-404, health physics instrumentation 
laboratory, Idaho National Engineering Laboratory, 
Idaho, $950,000. 
Project 98-D-401, H-tank farm storm water sys-
tems upgrade, Savannah River Site, Aiken, South 
CaroUna, $3,120,000. 
Project 98-D-453, plutonium stabilization and 
handling system for plutonium finishing plant, Rich-
land, Washington, $26,814,000. 
Project 
98-D-700, 
road 
rehabilitation, 
Idaho 
National Engineering Laboratory, Idaho, $7,710,000. 
Project 97-D-450, Actinide packaging and storage 
facility. Savannah River Site, Aiken, South Carolina, 
$79,184,000. 
Project 97-D-470, environmental monitoring lab-
oratory. Savannah River Site, Aiken, South Carolina, 
$7,000,000. 
Project 96-D-406, spent nuclear fuels canister 
storage and stabilization facility, Richland, Washing-
ton, $38,680,000. 
Project 96-I>-408, waste management upgrades, 
Kansas City Plant, Kansas City, Missouri, and Savan-
nah River Site, Aiken, South Carolina, $4,512,000. 
Project 96-D-464, electrical and utility systems 
upgrade, Idaho Chemical Processing Plant, Idaho 
National Engineering Laboratory, Idaho, $11,544,000. 
Project 96-D-471, chlorofluorocarbon heating, ven-
tilation, and air conditioning and chiller retrofit. 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina, 
$8,000,000. 
Project 95-D-456, security facilities consolidation, 
Idaho Chemical Processing Plant, Idaho National 
Engineering Laboratory, Idaho, $485,000. 
Project 92-D-140, F&H canyon exhaust upgrades. 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina, 
$3,667,000. 
Project 86-D-103, decontjimination and waste 
treatment facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $4,752,000. 
(3) POST-2006 COMPLETION.—^For post-2006 project comple-
tion in carrying out environmental restoration and waste 
management activities necessary for national security programs 
in the amount of $2,744,451,000, to be allocated as follows: 
(A) For operation and maintenance, $2,663,195,000. 
112 STAT. 2240 
PUBLIC LAW 105-261—OCT. 17, 1998 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and 
land 
acquisition 
related 
thereto), 
$81,256,000, to be allocated as follows: 
Project 99-D-403, privatization phase I infrastruc-
ture support, Richland, Washington, $14,800,000. 
Project 97-D-402, tank farm restoration and safe 
operations, Richland, Washington, $22,723,000. 
Project 96-D-408, waste management upgrades, 
Richland, Washington, $171,000. 
Project 94-D-407, initial tank retrieval systems, 
Richland, Washington, $32,860,000. 
Project 93-D-187, high-level waste removal from 
filled waste tanks. Savannah River Site, Aiken, South 
Carolina, $10,702,000. 
(4) SCIENCE AND TECHNOLOGY.—For science and technology 
in carrying out environmental restoration and waste manage-
ment activities necessary for national security programs in 
the amount of $250,000,000. 
(5) PROGRAM DIRECTION.—^For program direction in carry-
ing out environmental restoration and waste management 
activities necessary for national security programs in the 
amount of $346,199,000. 
(b) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1), (2)(A), (3)(A), (4), and (5) of 
subsection (a) is the sum of the amounts authorized to be appro-
priated in those paragraphs, reduced by $94,100,000, to be derived 
from use of prior year balances. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for other 
defense activities in carrying out programs necessary for national 
security in the amount of $1,716,160,000, to be allocated as follows: 
(1) NONPROLIFERATION AND NATIONAL SECURITY.—^For non-
proliferation and national security, $699,300,000, to be allocated 
as follows: 
(A) 
For 
verification 
and 
control 
technology, 
$503,500,000, to be allocated as follows: 
(i) For nonproliferation and verification research 
and development, $210,000,000. 
(ii) For arms control, $256,900,000. 
(iii) For intelligence, $36,600,000. 
(B) For nuclear safeguards and security, $53,200,000. 
(C) For security investigations, $30,000,000. 
(D) For emergency management, $23,700,000. 
(E) For program direction, $88,900,000. 
(2) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—^For 
worker and community transition assistance, $40,000,000, to 
be allocated as follows: 
(A) For worker and community transition, $36,000,000. 
(B) For program direction, $4,000,000. 
(3) FISSILE MATERIALS CONTROL AND DISPOSITION.—For 
fissile materials control and disposition, $168,960,000, to be 
allocated as follows: 
(A) For operation and maintenance, $111,372,000. 
PUBLIC LAW 105-261—OCT 17, 1998 
112 STAT. 2241 
(B) For program direction, $4,588,000. 
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and land 
acquisition 
related 
thereto), 
$53,000,000, to be allocated as follows: 
Project 99-D-141, pit disassembly and conversion 
facility, various locations, $25,000,000. 
Project 99-D-143, mixed oxide fuel fabrication 
facility, various locations, $28,000,000. 
(4) ENVIRONMENT, SAFETY, AND HEALTH.—For environment, 
safety, and health, defense, $89,000,000, to be allocated as 
follows: 
(A) For the Office of Environment, Safety, and Health 
(Defense), $84,231,000. 
(B) For program direction, $4,769,000. 
(5) OFFICE OF HEARINGS AND APPE^^LLS.—For the Office of 
Hearings and Appeals, $2,400,000. 
(6) INTERNATIONAL NUCLEAR SAFETY.—^For international 
nuclear safety, $35,000,000. 
(7) NAVAL REACTORS.—For naval reactors, $681,500,000, 
to be allocated as follows: 
(A) For naval reactors development, $661,400,000, to 
be allocated as follows: 
(i) For operation and maintenance, $639,600,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $21,800,000, to be allocated as follows: 
GPN-101, general plant projects, various loca-
tions, $9,000,000. 
Project 
98-D-200, 
site 
laboratory/facility 
upgrade, various locations, $7,000,000. 
Project 90-N-102, expended core facility dry 
cell project. Naval 
Reactors 
Facility, 
Idaho, 
$5,800,000. 
(B) For program direction, $20,100,000. 
(b) ADJUSTMENT.—(1) The total amount authorized to be appro-
priated pursuant to this section is the sum of the amounts author-
ized to be appropriated in paragraphs (1) through (7) of subsection 
(a) reduced by $2,000,000. 
(2) The amount authorized to be appropriated pursuant to 
subsection (a)(1)(C) is reduced by $20,000,000 to reflect an offset 
provided by user organizations for security investigations. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1999 for pa3mient to the Nuclear 
Waste Fund established in section 302(c) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$190,000,000. 
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1999 for 
privatization initiatives in carrying out environmental restoration 
112 STAT. 2242 
PUBLIC LAW 105-261—OCT. 17, 1998 
and waste management activities necessary for national security 
programs in the amount of $286,857,000, to be allocated as follows: 
Project 99-PVT-l, remote handled transuranic waste 
transportation, Carlsbad, New Mexico, $19,605,000. 
Project 98-PVT-2, spent nuclear fiiel dry storage, Idaho 
Falls, Idaho, $30,000,000. 
Project 98-PVT-5, waste disposal, Oak Ridge, Tennessee, 
$50,000,000. 
Project 97-PVT-l, tank waste remediation system phase 
I, Hanford, Washington, $100,000,000. 
Project 97-PVT-2, advanced mixed waste treatment facil-
ity, Idaho Falls, Idaho, $87,252,000. 
(b) ADJUSTMENT.—^The amount authorized to be appropriated 
in subsection (a) is the sum of the amounts authorized to be appro-
priated for the projects set forth in that subsection, reduced by 
$32,000,000 for use of prior year balances of fiinds for defense 
environmental management privatization. 
Subtitle B—^Recurring General Provisions 
SEC. 3121. REPROGRAMMING. 
(a) IN GENERAL.—^Until the Secretary of Energy submits to 
the congressional defense committees the report referred to in sub-
section (b) and a period of 30 days has elapsed after the date 
on which such committees receive the report, the Secretary may 
not use amounts appropriated pursuant to this title for any 
program— 
(1) in amounts that exceed, in a fiscal year— 
(A) 110 percent of the amount authorized for that 
program by this title; or 
(B) $1,000,000 more than the amount authorized for 
that program by this title; or 
(2) which has not been presented to, or requested of. Con-
gress. 
(b) REPORT.—(1) The report referred to in subsection (a) is 
a report containing a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied upon 
in support of such proposed action. 
(2) In the computation of the 30-day period under subsection 
(a), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 days to a day certain. 
(c) LIMITATIONS.—(1) In no event may the total amount of 
funds obligated pursuant to this title exceed the total amount 
authorized to be appropriated by this title. 
(2) Funds appropriated pursuant to this title may not be used 
for an item for which Congress has specifically denied funds. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS. 
(a) IN GENERAL.—^The Secretary of Energy may carry out any 
construction project under the general plant projects authorized 
by this title if the total estimated cost of the construction project 
does not exceed $5,000,000. 
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2243 
variations and the revised cost of the project exceeds $5,000,000, 
the Secretary shall immediately furnish a complete report to the 
congressional defense committees explaining the reasons for the 
cost variation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above 
the total estimated cost, whenever the current estimated cost of 
the construction project, which is authorized by section 3101, 3102, 
or 3103, or which is in support of national security programs of 
the Department of Energy and was authorized by any previous 
Act, exceeds by more than 25 percent the higher of— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to Congress. 
(2) An action described in paragraph (1) may be taken if— 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the 
circumstances making such action necessary; and 
(B) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 days to a day certain. 
(b) EXCEPTION.—Subsection (a) shall not apply to any construc-
tion project which has a current estimated cost of less than 
$5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY. 
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—^The Secretary 
of Energy may transfer funds authorized to be appropriated to 
the Department of Energy pursuant to this title to other Federal 
agencies for the performance of work for which the funds were 
authorized. Funds so transferred may be merged with and be avail-
able for the same purposes and for the same period as the authoriza-
tions of the Federal agency to which the amounts are transferred. 
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject 
to paragraph (2), the Secretary of Energy may transfer funds 
authorized to be appropriated to the Department of Energy pursu-
ant to this title between any such authorizations. Amounts of 
authorizations so transferred may be merged with and be available 
for the same purposes and for the same period as the authorization 
to which the amounts are transferred. 
(2) Not more than 5 percent of any such authorization may 
be transferred between authorizations under paragraph (1). No 
such authorization may be increased or decreased by more than 
five percent by a transfer under such paragraph. 
(c) LIMITATION.—^The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide funds for items relating 
to activities necessary for national security programs that have 
a higher priority than the items from which the funds are 
transferred; and 
112 STAT. 2244 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) may not be used to provide funds for an item for 
which Congress has specifically denied funds. 
(d) NOTICE TO CONGRESS.—The Secretary of Energy shall 
promptly notify the Committee on Armed Services of the Senate 
and the Committee on National Security of the House of Representa-
tives of any transfer of funds to or from authorizations under 
this title. 
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION 
DESIGN. 
(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1) Subject to 
paragraph (2) and except as provided in paragraph (3), before 
submitting to Congress a request for funds for a construction project 
that is in support of a national security program of the Department 
of Energy, the Secretary of Energy shall complete a conceptual 
design for that project. 
(2) If the estimated cost of completing a conceptual design 
for a construction project exceeds $3,000,000, the Secretary shall 
submit to Congress a request for funds for the conceptual design 
before submitting a request for funds for the construction project. 
(3) The requirement in paragraph (1) does not apply to a 
request for funds— 
(A) for a construction project the total estimated cost of 
which is less than $5,000,000; or 
(B) for emergency planning, design, and construction activi-
ties under section 3126. 
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the 
amounts authorized by this title, the Secretary of Energy may 
carry out construction design (including architectural and engineer-
ing services) in connection with any proposed construction project 
if the total estimated cost for such design does not exceed $600,000. 
(2) If the total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000, funds for such 
design must be specifically authorized by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—^The Secretary of Energy may use any funds 
available to the Department of Energy pursuant to an authorization 
in this title, including those funds authorized to be appropriated 
for advance planning and construction design under sections 3101, 
3102, and 3103, to perform planning, design, and construction 
activities for any Department of Energy national security program 
construction project that, as determined by the Secretary, must 
proceed expeditiously in order to protect public health and safety, 
to meet the needs of national defense, or to protect property. 
(b) LIMITATION.—^The Secretary may not exercise the authority 
under subsection (a) in the case of any construction project until 
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry 
out under this section and the circumstances maldng such activities 
necessary. 
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2) 
does not apply to emergency planning, design, and construction 
activities conducted under this section. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2245 
SEC. 3127. FU^fDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY. 
Subject to the provisions of appropriations Acts and section 
3121, amounts appropriated pursuant to this title for management 
and support activities and for general plant projects are available 
for use, when necessary, in connection with all national security 
programs of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS. 
(a) IN GENERAL.—Except as provided in subsection (b), when 
so specified in an appropriations Act, amounts appropriated for 
operation and maintenance or for plant projects may remain avail-
able until expended. 
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts 
appropriated for program direction pursuant to an authorization 
of appropriations in subtitle A shall remain available to be expended 
only until the end of fiscal year 2001. 
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT 
FUNDS. 
(a) 
TRANSFER 
AUTHORITY FOR DEFENSE 
ENVIRONMENTAL 
MANAGEMENT FuNDS.—The Secretary of Energy shall provide the 
manager of each field office of the Department of Energy with 
the authority to transfer defense environmental management funds 
from a program or project under the jurisdiction of the office to 
another such program or project. 
(b) LIMITATIONS.—(1) Only one transfer may be made to or 
from any program or project under subsection (a) in a fiscal year. 
(2) The amount transferred to or from a program or project 
under subsection (a) may not exceed $5,000,000 in a fiscal year. 
(3) A transfer may not be carried out by a manager of a 
field office under subsection (a) unless the manager determines 
that the transfer is necessary to address a risk to health, safety, 
or the environment or to assure the most efficient use of defense 
environmental management funds at the field office. 
(4) Funds transferred pursuant to subsection (a) may not be 
used for an item for which Congress has specifically denied funds 
or for a new program or project that has not been authorized 
by Congress. 
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—^The 
requirements of section 3121 shall not apply to transfers of funds 
pursuant to subsection (a). 
(d) NOTIFICATION.—^The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify 
Congress of any transfer of funds pursuant to subsection (a) not 
later than 30 days after such transfer occurs. 
(e) DEFINITIONS.—In this section: 
(1) The term "program or project" means, with respect 
to a field office of the Department of EncTgy, any of the follow-
ing: 
(A) A program referred to or a project listed in para-
graph (2) or (3) of section 3102. 
(B) A program or project not described in subparagraph 
(A) that is for environmental restoration or waste manage-
ment activities necessary for national security programs 
of the Department, that is being carried out by the office, 
and for which defense environmental management funds 
112 STAT. 2246 
PUBLIC LAW 105-261—OCT. 17, 1998 
have been authorized and appropriated before the date 
of the enactment of this Act. 
(2) The term "defense environmental management funds" 
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national 
security programs. 
(f) DURATION OF AUTHORITY.—^The managers of the field offices 
of the Department may exercise the authority provided under sub-
section (a) during the period beginning on October 1, 1998, and 
ending on September 30, 1999. 
Subtitle C—Program Authorizations, 
Restrictions, and Limitations 
42 use 7273c. 
SEC. 3131. PERMANENT EXTENSION OF FUNDING PROHIBITION RELAT-
ING TO INTERNATIONAL 
COOPERATIVE 
STOCKPILE 
STEWARDSHIP. 
Section 3133(a) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036) is amended 
by striking out "for fiscal year 1998" and inserting in lieu thereof 
"for any fiscal year". 
SEC. 3132. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF 
THE DEPARTMENT OF DEFENSE. 
(a) FUNDS To CARRY OUT CERTAIN BALLISTIC MISSILE DEFENSE 
ACTIVITIES.—Of the amounts authorized to be appropriated to the 
Department of Energy pursuant to section 3101, $30,000,000 shall 
be available for research, development, and demonstration activities 
to support the mission of the Ballistic Missile Defense Organization 
of the Department of Defense, including the following activities: 
(1) Technology development, concept demonstration, and 
integrated testing to improve reliability and reduce risk in 
hit-to-kill interceptors for missile defense. 
(2) Support for science and engineering teams to address 
technical problems identified by the Director of the Ballistic 
Missile Defense Organization as critical to acquisition of a 
theater missile defense capability. 
(b) MEMORANDUM OF UNDERSTANDING.—^The activities referred 
to in subsection (a) shall be carried out under the memorandum 
of understanding entered into by the Secretary of Energy and 
the Secretary of Defense for the use of national laboratories for 
ballistic missile defense programs, as required by section 3131 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105-85; 111 Stat. 2034). 
(c) METHOD OF FUNDING.—Funds for activities referred to in 
subsection (a) may be provided— 
(1) by direct payment from funds available pursuant to 
subsection (a); or 
(2) in the case of such an activity carried out by a national 
laboratory but paid for by the Ballistic Missile Defense 
Organization, through a method under which the Secretary 
of Energy waives any requirement for the Department of 
Defense to pay any indirect expenses (including overhead and 
federal administrative charges) of the Department of Energy 
or its contractors. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2247 
SEC. 3133. NONPROLIFERATION ACTIVITIES. 
(a) 
INITIATIVES 
FOR 
PROLIFERATION 
PREVENTION.—Of 
the 
amount authorized to be appropriated by section 3103(a)(l)(A)(ii), 
up to $20,000,000 may be used for the Initiatives for ProHferation 
Prevention program. 
(b) NUCLEAR CITIES INITIATIVE.—(1) Funds authorized under 
this title may not be obUgated or expended for the purpose of 
implementing the Nuclear Cities Initiative until— 
(A) the Secretary of Energy submits to the congressional 
defense committees the report described in paragraph (2); and 
(B) a period of 20 legislative days has expired following 
the date on which the report is submitted to Congress. 
(2) The Secretary of Energy shall prepare a report on the 
Nuclear Cities Initiative. The report shall describe— 
(A) the objectives of the initiative; 
(B) methods and processes for the implementation of the 
initiative; 
(C) a program timeline for the initiative with milestones; 
and 
(D) the funding requirements for the initiative through 
its completion, 
(3) For purposes of this section, the term "Nuclear Cities Initia-
tive" means the initiative arising pursuant to the March 1998 
discussion between the Vice President of the United States and 
the Prime Minister of the Russian Federation and between the 
Secretary of Energy of the United States and the Minister of Atomic 
Energy of the Russian Federation. 
(4) For purposes of paragraph (1)(B), a legislative day is a 
day on which both Houses of Congress are in session. 
SEC. 3134. LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATION 
AND IRRADIATION FACILITIES. 
(a) LICENSE REQUIREMENT.—Section 202 of the Energy Reorga-
nization Act of 1974 (42 U.S.C. 5842) is amended by adding at 
the end the following new paragraph: 
"(5) Any facility under a contract with and for the account 
of the Department of Energy that is utilized for the express 
purpose of fabricating mixed plutonium-uranium oxide nuclear 
reactor fuel for use in a commercial nuclear reactor licensed 
under such Act, other than any such facility that is utilized 
for research, development, demonstration, testing, or analysis 
purposes.". 
(b) AVAILABILITY OF FUNDS FOR LICENSING BY NRC,—Section 42 use 5842 
210 of the Department of Energy National Security and Military note. 
Applications of Nuclear Energy Authorization Act of 1981 (42 U.S.C. 
7272) shall not apply to any licensing activities required pursuant 
to section 202(5) of the Energy Reorganization Act of 1974 (42 
U.S.C. 5842), as added by subsection (a). 
(c) APPLICABILITY OF OCCUPATIONAL SAFETY AND HEALTH 42 use 5842 
REQUIREMENTS TO ACTIVITIES UNDER LICENSE.—Any activities car- note. 
ried out under a license required pursuant to section 202(5) of 
the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added 
by subsection (a), shall be subject to regulation under the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). 
59-194 O - 98 - 14: QL 3 Part 3 
112 STAT. 2248 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 3135. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSITION OF LEGACY NUCLEAR MATERIALS. 
The Secretary of Energy shall continue operations and maintain 
a high state of readiness at the F-canyon and H-canyon facilities 
at the Savannah River Site, Aiken, South Carolina, and shall pro-
vide technical staff necessary to operate and so maintain such 
facilities. 
SEC. 3136. AUTHORITY FOR DEPARTMENT OF ENERGY FEDERALLY 
FUNDED RESEARCH AND DEVELOPMENT CENTERS TO 
PARTICIPATE IN MERIT-BASED TECHNOLOGY RESEARCH 
AND DEVELOPMENT PROGRAMS. 
(a) AUTHORITY.—Section 217(f)(1) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2695) is amended— 
(1) by inserting "(A)" after "(1)"; 
(2) by inserting "or of the Department of Energy" after 
"the Department of Defense"; and 
(3) by adding at the end the following new subparagraph: 
"(B) A federally funded research and development center of 
the Department of Energy described in subparagraph (A) may 
respond to solicitations and announcements described in that 
subparagraph only for activities conducted by the center under 
contract with or on behalf of the Department of Defense.". 
(b) CONFORMING AMENDMENT.—Section 217(f)(2) of such Act 
is amended by inserting "(A)" after "(1)". 
42 use 7259a. 
SEC. 3137. ACTIVITIES OF DEPARTMENT OF ENERGY FACIUTIES. 
(a) RESEARCH AND ACTIVITIES ON BEHALF OF NON-DEPARTMENT 
PERSONS AND ENTITIES.—(1) The Secretary of Energy may conduct 
research and other activities referred to in paragraph (2) at facilities 
of the Department of Energy on behalf of other departments and 
agencies of the Grovemment, agencies of State and local govern-
ments, and private persons and entities. 
(2) The research and other activities that may be conducted 
under paragraph (1) are those which the Secretary is authorized 
to conduct by law, including research and activities authorized 
under the following provisions of law: 
(A) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.). 
(B) The Energy Reorganization Act of 1974 (42 U.S.C. 
5811 et seq.). 
(C) The Federal Nonnuclear Energy Research and Develop-
ment Act of 1974 (42 U.S.C. 5901 et seq.). 
(b) CHARGES.—<1) The Secretary shall impose on the depart-
ment, agency, or person or entity for which research and other 
activities are carried out under subsection (a) a charge for such 
research and activities in carrying out such research and activities, 
which shall include— 
(A) the direct cost incurred in carrying out such research 
and activities; and 
(B) the overhead cost, including site-wide indirect costs, 
associated with such research and activities. 
(2)(A) Subject to subparagraph (B), the Secretary shall also 
impose on the department, agency, or person or entity concerned 
a Federal administrative charge (which includes any depreciation 
and imputed interest charges) in an amount not to exceed 3 percent 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2249 
of the full cost incurred in carrying out the research and activities 
concerned. 
(B) The Secretary may waive the imposition of the Federal 
administrative charge required by subparagraph (A) in the case 
of research and other activities conducted on behalf of small busi-
ness concerns, institutions of higher education, non-profit entities, 
and State and local governments. 
(3) Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall terminate any waiver of charges 
under section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 
2053) that were made before such date, unless the Secretary deter-
mines that such waiver should be continued. 
(c) 
PILOT 
PROGRAM 
OF 
REDUCED 
FACILITY 
OVERHEAD 
CHARGES.—(1) The Secretary may, with the cooperation of partici-
pating contractors of the contractor-operated facilities of the Depart-
ment, carry out a pilot program under which the Secretary and 
such contractors reduce the facility overhead charges imposed under 
this section for research and other activities conducted under this 
section. 
(2) The Secretary shall carry out the pilot program at contrac-
tor-operated facilities selected by the Secretary in consultation with 
the contractors concerned. 
(3) The Secretary shall determine the facility overhead charges 
to be imposed under the pilot program at a facility based on a 
joint review by the Secretary and the contractor for the facility 
of all items included in the overhead costs of the facility in order 
to determine which items are appropriately incurred as facility 
overhead charges by the contractor in carrying out research and 
other activities at such facility under this section. 
(4) The Secretary shall commence carrying out the pilot pro-
gram under this subsection not later than October 1, 1999, and 
shall terminate the pilot program on September 30, 2003. 
(5) Not later than January 31, 2003, the Secretary shall submit 
to Congress an interim report on the results of the pilot program 
under this subsection. The report shall include any recommenda-
tions for the extension or expansion of the pilot program, including 
the establishment of multiple rates of overhead charges for various 
categories of persons and entities seeking research and other activi-
ties in contractor-operated facilities of the Department. 
(d) APPLICABILITY WITH RESPECT TO USER FEE PRACTICE.— 
This section does not apply to the practice of the Department 
of Energy with respect to user fees at Department facilities. 
SEC. 3138. HANFORD OVERHEAD AND SERVICE (CENTER COSTS. 
(a) TARGET FOR REDUCTION OF COSTS.—The Secretary of Energy 
shall establish a target for the overhead and service center costs 
for the Project Hanford Management Contractor for fiscal year 
1999 that is less than the established baseline for such costs for 
that fiscal year. 
(b) USE OF FUNDS RESULTING FROM REDUCTION.—If the actual 
overhead and service center costs for that contractor for fiscal 
year 1999 are less than the established baseline for such costs 
for that fiscal year, the Secretary, to the extent consistent with 
fiscal year 1999 appropriations, shall use an amount equal to the 
difference between the baseline and such actual costs to perform 
additional clean-up work at Hanford in order to reduce the most 
threatening environmental risks at Hanford and to comply with 
Effective date. 
Termination 
date. 
Reports. 
112 STAT. 2250 
PUBLIC LAW 105-261—OCT. 17, 1998 
applicable laws and regulations and the Tri-Party Agreement among 
the Department of Energy, the Environmental Protection Agency, 
and the State of Washington. 
(c) REVIEW.—^The Director of the Defense Contract Audit Agency 
shall review the Project Hanford Management Contract for compli-
ance with cost accounting standards promulgated pursuant to sec-
tion 26(f) of the Office of Federal Procurement Policy Act (42 
U.S.C. 422(f)). The review shall include the following: 
(1) An identification and assessment of methods for cal-
culating overhead costs. 
(2) A description of activities the costs of which are allo-
cated to— 
(A) all accounts at the Hanford site other than over-
head accounts; or 
(B) other contracts under which work is performed 
at the Hanford site. 
(3) A description of service center costs, including— 
(A) computer service and information management 
costs and other support service costs; and 
(B) costs of any activity which is paid for on a per-
unit basis. 
(4) An identification and assessment of all fees, awards, 
or other profit on overhead or service center costs that are 
not attributed to performance on a single project or contract. 
(5) An identification and assessment of all contracts 
awarded without competition. 
(6) An identification and assessment of any other costs 
that the Director considers necessary or appropriate to present 
a full and complete review of Hanford costs. 
(d) REPORT.—^Not later than March 1, 1999, the Director of 
the Defense Contract Audit Agency shall submit to the congressional 
defense committees a report on the results of the review under 
subsection (c). 
SEC. 3139. HANFORD WASTE TANK CLEANUP PROGRAM REFORMS. 
(a) ESTABLISHMENT OF OFFICE OF RIVER PROTECTION.—^The 
Secretary of Energy shall establish an office at the Hanford Reserva-
tion, Richland, Washington, to be known as the "Office of River 
Protection" (in this section referred to as the "Office"). 
(b) MANAGEMENT AND RESPONSIBILITIES OF OFFICE.—(1) 
The 
Office shall be headed by a senior official of the Department of 
Energy, who shall report to the Assistant Secretary of Energy 
for Environmental Management. 
(2) The head of the Office shall be responsible for managing 
all aspects of the Tank Waste Remediation System (also referred 
to as the Hanford Tank Farm operations), including those portions 
under privatization contracts, of the Department of Energy at Han-
ford. 
(c) DEPARTMENT RESPONSIBILITIES.—^The Secretary shall pro-
vide the manager of the Office with the resources and personnel 
necessary to manage the tank waste privatization program at Han-
ford in an efficient and streamlined manner. 
(d) INTEGRATED MANAGEMENT PLAN.—^Not later than 90 days 
after the date of the enactment of this Act, the Secretary shall 
submit to the Committee on Armed Services of the Senate and 
the Committees on Commerce and on National Security of the 
House of Representatives an integrated management plan for all 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2251 
aspects of the Hanford Tank Farm operations, including the roles, 
responsibilities, and reporting relationships of the Office. 
(e) REPORT.—Not later than 2 years after the commencement 
of operations of the Office, the Secretary shall submit to the commit-
tees referred to in subsection (d) a report describing— 
(1) any progress in or resulting from the utilization of 
the Tank Waste Remediation System; and 
(2) any improvements in the management structure of the 
Department at Hanford with respect to the Tank Waste 
Remediation System as a result of the Office. 
(f) TERMINATION.—(1) The Office shall terminate 5 years after 
the commencement of operations under this section unless the 
Secretary determines that termination on that date would disrupt 
effective management of the Hanford Tank Farm operations. 
(2) The Secretary shall notify, in writing, the committees 
referred to in subsection (d) of a determination under paragraph 
(1). 
SEC. 3140. HANFORD HEALTH INFORMATION NETWORK. 
Of the funds authorized to be appropriated or otherwise made 
available to the Department of Energy by section 3102, $1,500,000 
shall be available for activities relating to the Hanford Health 
Information Network established pursuant to the authority in sec-
tion 3138 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1834), as amended by 
section 3138(b) of the National Defense Authorization Act for Fiscal 
Year 1995 (Pubhc Law 103-337; 108 Stat. 3087). 
SEC. 3141. HAZARDOUS MATERIALS MANAGEMENT AND EMERGENCY 
RESPONSE TRAINING PROGRAM. 
The Secretary of Energy may enter into partnership arrange-
ments with Federal and non-Federal entities to share the costs 
of operating the hazardous materials management and hazardous 
materials emergency response training program authorized under 
section 3140(a) of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 108 Stat. 3088). Such arrange-
ments may include the exchange of equipment and services, in 
lieu of payment for the training program. 
SEC. 3142. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF 
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO. 
(a) AVAILABILITY OF FUNDS.—Of the funds authorized to be 
appropriated or otherwise made available to the Department of 
Energy by this title, up to $5,000,000 shall be made available 
for payment by the Secretary of Energy to the educational founda-
tion chartered to enhance educational activities in the public schools 
in the vicinity of Los Alamos National Laboratory, New Mexico 
(in this section referred to as the "Foundation"). 
(b) USE OF FUNDS.—(1) The Foundation shall utilize funds 
provided under subsection (a) as a contribution to an endowment 
fund for the Foundation. 
(2) The Foundation shall use the income generated from invest-
ments in the endowment fund that are attributable to the payment 
made under subsection (a) to fund programs to support the edu-
cational needs of children in public schools in the vicinity of Los 
Alamos National Laboratory. 
112 STAT. 2252 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 3143. RELOCATION OF NATIONAL ATOMIC MUSEUM, ALBUQUER-
QUE, NEW MEXICO. 
The Secretary of Energy shall submit to the congressional 
defense committees a plan for the relocation of the National Atomic 
Museum in Albuquerque, New Mexico. 
SEC. 3144. TRITIUM PRODUCTION. 
The Secretary of Energy may not obligate or expend any funds 
authorized to be appropriated or otherwise available to the Depart-
ment of Energy for fiscal year 1999 to implement a final decision 
on the technology to be utilized for tritium production, made pursu-
ant to section 3135 of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2037), until 
October 1, 1999. 
Subtitle D—Other Matters 
SEC. 3151. STUDY AND PLAN RELATING TO WORKER AND COMMUNITY 
TRANSITION ASSISTANCE. 
(a) STUDY BY THE GENERAL ACCOUNTING OFFICE.— 
(1) STUDY REQUIREMENT.—^The Comptroller General shall 
conduct a study on the effects of workforce restructuring plans 
for defense nuclear facilities developed pursuant to section 3161 
of the National Defense Authorization Act for Fiscal Year 1993 
(42 U.S.C. 7274h). 
(2) MATTERS COVERED BY STUDY.—The study shall cover 
the four-year period preceding the date of the enactment of 
this Act and shall include the following: 
(A) An analysis of the number of jobs created by any 
employee retraining, education, and reemployment assist-
ance and any community impact assistance provided in 
each workforce restructuring plan developed pursuant to 
section 3161 of the National Defense Authorization Act 
for Fiscal Year 1993. 
(B) An analysis of other benefits provided pursuant 
to such plans, including any assistance provided to commu-
nity reuse organizations. 
(C) A description of the funds expended, and the funds 
obligated but not expended, pursuant to such plans as 
of the date of the report. 
(D) A description of the criteria used since October 
23, 1992, in providing assistance pursuant to such plans. 
(E) A comparison of any similar benefits provided— 
(i) pursuant to such a plan to employees whose 
employment at the defense nuclear facility covered by 
the plan is terminated; and 
(ii) to employees whose employment at a facility 
where more than 50 percent of the revenues are 
derived from contracts with the Department of Defense 
has been terminated as a result of cancellation, termi-
nation, or completion of contracts with the Department 
of Defense and the employees whose employment is 
terminated constitute more than 15 percent of the 
employees at that facility. 
(F) A comparison of— 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2253 
(i) involuntary separation benefits provided to 
employees of Department of Energy contractors and 
subcontractors under such plans; and 
(ii) involuntary separation benefits provided to 
employees of the Federal Government. 
(G) A comparison of costs to the Federal Government 
(including costs of involuntary separation benefits) for— 
(i) involuntary separations of employees of Depart-
ment of Energy contractors and subcontractors; and 
(ii) involuntary separations of employees of con-
tractors and subcontractors of other Federal Govern-
ment departments and agencies. 
(H) A description of the length of service and hiring 
dates of employees of Department of Energy contractors 
and subcontractors provided benefits under such plans in 
the 2-year period preceding the date of the enactment 
of this Act. 
(3) REPORT ON STUDY.—^The Comptroller General shall sub-
mit a report to Congress on the results of the study not later 
than March 31, 1999. 
(4) DEFINITION.—In this section, the term "defense nuclear 
facility" has the meaning provided the term "Department of 
Energy defense nuclear facility" in section 3163 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 42 U.S.C. 7274J). 
(b) 
PLAN FOR TERMINATION OF WORKER AND COMMUNITY 
TRANSITION PROGRAM.—^Not later than July 1, 1999, the Secretary 
of Energy shall submit to the congressional defense committees 
a plan to terminate the Office of Worker and Community Transition. 
The plan shall include— 
(1) a description of how the authority of the Office would 
be terminated; and 
(2) a description of how the responsibility to manage 
downsizing of the contractor workforce of the Department of 
Energy would be transferred to other offices or programs within 
the Department. 
SEC. 3152, EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
SCIENTIFIC, ENGINEERING, ANI) TECHNICAL PERSON-
NEL. 
Section 3161(c)(1) of the National Defense Authorization Act 
for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking 
out "September 30, 1999" and inserting in lieu thereof "September 
30, 2000". 
SEC. 3153. REQUIREMENT FOR PLAN TO MODIFY EMPLOYMENT SYS-
TEM USED BY DEPARTMENT OF ENERGY IN DEFENSE 
ENVIRONMENTAL MANAGEMENT PROGRAMS. 
(a) PLAN REQUIREMENT.—Not later than February 1, 1999, Reports, 
the Secretary of Energy shall submit to Congress a report containing 
a plan to modify the Federal emplo3m[ient system used within the 
defense environmental management programs of the Department 
of Energy to allow for workforce restructuring in those programs. 
(b) SPECIFIED ELEMENTS OF PLAN.—The plan shall address 
strategies to recruit and hire— 
(1) individuals with a high degree of scientific and technical 
competence in the areas of nuclear and toxic waste remediation 
and environmental restoration; and 
112 STAT. 2254 
PUBLIC LAW 105-261—OCT. 17, 1998 
(2) individuals with the necessary skills to manage large 
construction and environmental remediation projects. 
(c) LEGISLATIVE CHANGES.—The plan shall include an identifica-
tion of the provisions of Federal law that would need to be changed 
to allow the Secretary of Energy to restructure the Department 
of Energy defense environmental management workforce to hire 
individuals described in subsection (b), while staying within any 
numerical limitations required by law (including section 3161 of 
Public Law 103-337 (42 U.S.C. 7231 note)) on employment of such 
individuals. 
SEC. 3154. DEPARTMENT OF ENERGY NUCLEAR MATERIALS COURIERS. 
(a) 
MAXIMUM AGE FOR ENTRY INTO NUCLEAR MATERIALS 
COURIER FORCE.—Section 3307 of title 5, United States Code, is 
amended— 
(1) in subsection (a), by striking "and (d)" and inserting 
"(d), (e), and (f)"; and 
(2) by adding at the end the following: 
"(f) The Secretary of Energy may determine and fix the maxi-
mum age limit for an original appointment to a position as a 
nuclear materials courier, as defined by section 8331(27) or 
8401(33).". 
(b) DEFINITION FOR PURPOSES OF CIVIL SERVICE RETIREMENT 
SYSTEM.—Section 8331 of title 5, United States Code, is amended— 
(1) by striking "and" at the end of paragraph (25); 
(2) by striking the period at the end of paragraph (26) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(27) 'Nuclear materials courier'— 
"(A) means an employee of the Department of Energy, 
the duties of whose position are primarily to transport, 
and provide armed escort and protection during transit 
of, nuclear weapons, nuclear weapon components, strategic 
quantities of special nuclear materials or other materials 
related to national security; and 
"(B) includes an employee who is transferred directly 
to a supervisory or administrative position within the same 
Department of Energy organization, after performing duties 
referred to in subparagraph (A) for at least 3 years.". 
(c) 
DEDUCTIONS, 
CONTRIBUTIONS, 
AND 
DEPOSITS 
UNDER 
CSRS.—(1) Subsection (a)(1) of section 8334 of title 5, United States 
Code, is amended by striking "or member of the Capitol Police," 
and inserting "member of the Capitol Police, or nuclear materials 
courier,". 
(2) Subsection (c) of that section is amended by adding after 
the item for a Member of the Capitol Police the following new 
item: 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2255 
"Nuclear materials courier 
7 
October 1, 1977 to the day be-
fore the date of the enact-
ment of the Strom Thur-
mond National Defense Au-
thorization Act for Fiscal 
Year 1999. 
7.5 
The date of the enactment of 
the Strom Thurmond Na-
tional Defense Authoriza-
tion Act for Fiscal Year 
1999 to December 31, 1998. 
7.75 
January 1, 1999 to December 
31, 1999. 
7.9 
January 1, 2000 to December 
31, 2000. 
8 
January 1, 2001 to December 
31, 2002. 
7.5 
After December 31, 2002.". 
(3) Notwithstanding subsection (a)(1) or (k)(l) of section 8334 
5 USC 8334 note, 
of title 5, United States Code, or section 7001(a) of Public Law 
105-33, during the period beginning on the effective date provided 
for under subsection (n)(l) and ending on September 30, 2002, 
the Department of Energy shall deposit in the Treasury of the 
United States to the credit of the Civil Service Retirement and 
Disability Fund on behalf of each nuclear materials courier from 
whose basic pay a deduction is made under such subsection (a)(1) 
during that period an amount equal to 9.01 percent of such basic 
pay, in lieu of the agency contributions otherwise required under 
such subsection (a)(1) during that period. 
(d) MANDATORY SEPARATION UNDER CSRS.—Section 8335(b) 
of title 5, United States Code, is amended in the second sentence— 
(1) by inserting "or nuclear materials courier" after "law 
enforcement officer"; and 
" 
(2) by inserting "or courier, as the case may be," after 
"that officer". 
(e) IMMEDIATE RETIREMENT UNDER CSRS.—Section 8336(c)(1) 
of title 5, United States Code, is amended by striking "or firefighter" 
and inserting ", firefighter, or nuclear materials courier". 
(f) DEFINITION FOR PURPOSES OF FEDERAL EMPLOYEES' RETIRE-
MENT SYSTEM.—Section 8401 of title 5, United States Code, is 
amended— 
(1) by striking "and" at the end of paragraph (31); 
(2) by striking the period at the end of paragraph (32) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(33) 'Nuclear materials courier* has the meaning given 
that term in section 8331(27).". 
(g) IMMEDIATE RETIREMENT UNDER FERS.—Section 8412(d) of 
title 5, United States Code, is amended by striking "or firefighter" 
each place it appears in paragraphs (1) and (2) and inserting 
"firefighter, or nuclear materials courier". 
(h) COMPUTATION OF BASIC ANNUITY UNDER FERS.—Section 
8415(g) of title 5, United States Code, is amended by inserting 
"nuclear materials courier," after "firefighter,". 
(i) DEDUCTIONS AND CONTRIBUTIONS UNDER FERS.—(1) Section 
8422(a)(3) of title 5, United States Code, is amended by adding 
after the item relating to a law enforcement officer, 
firefighter, 
member of the Capitol Police, or air traffic controller the following 
new item: 
112 STAT. 2256 
PUBLIC LAW 105-261—OCT. 17, 1998 
"Nuclear materials courier 
7 
January 1, 1987 to the day 
before the date of the enact-
ment of the Strom Thur-
mond National Defense Au-
thorization Act for Fiscal 
Year 1999. 
7.5 
The date of the enactment of 
the Strom Thurmond Na-
tional Defense Authoriza-
tion Act for Fiscal Year 
1999 to December 31, 1998. 
7.75 
January 1, 1999 to December 
31, 1999. 
7.9 
January 1, 2000 to December 
31, 2000. 
8 
January 1, 2001 to December 
31,2001. 
7.5 
After December 31, 2002.". 
5 use 8422 note. 
(2) Contributions under subsections (a) and (b) of section 8423 
of title 5, United States Code, shall not be reduced as a result 
of that portion of the amendment made by paragraph (1) requiring 
employee deductions at a rate in excess of 7.5 percent for the 
period beginning on January 1, 1999, and ending on December 
31, 2002. 
(j) AGENCY CONTRIBUTIONS UNDER FERS.—Paragraphs (l)(B)(i) 
and (3)(A) of section 8423(a) of title 5, United States Code, are 
each amended by inserting "nuclear materials couriers," after "fire-
fighters,". 
(k) MANDATORY SEPARATION UNDER FERS.—Section 8425(b) 
of title 5, United States Code, is amended by inserting "or nuclear 
materials courier" after "law enforcement officer" both places it 
appears in the second sentence. 
5 use 8348 note. 
(1) PAYMENTS.—(1) The Department of Energy shall pay into 
the Civil Service Retirement and Disability Fund an amount deter-
mined by the Director of the Office of Personnel Management 
to be necessary to reimburse the Fund for any estimated increase 
in the unfunded liability of the Fund resulting from the amend-
ments related to the Civil Service Retirement System under this 
section, and for any estimated increase in the supplemental liability 
of the Fund resulting from the amendments related to the Federal 
Employees Retirement System under this section. 
(2) The Department shall pay the amount so determined in 
five equal annual installments with interest computed at the rate 
used in the most recent valuation of the Federal Employees Retire-
ment System. 
(3) The Department shall make payments under this subsection 
from amounts available for weapons activities of the Department. 
5 use 8331 note. 
(m) APPLICABILITY.—Subsections (b) through (1) shall apply only 
to an individual who is employed as a nuclear materials courier, 
as defined by section 8331(27) or 8401(33) of title 5, United States 
Code (as amended by this section), after the later of— 
(1) September 30, 1998; or 
(2) the date of the enactment of this Act. 
5 use 8331 note. 
(n) EFFECTIVE DATES.—(1) Except as provided in paragraph 
(2), the amendments made by this section shall take effect at 
the beginning of the first pay period that begins after the later 
of— 
(A) October 1, 1998; or 
(B) the date of the enactment of this Act. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2257 
(2)(A) The amendments made by subsection (a) shall take effect 
on the date of the enactment of this Act. 
(B) The amendments made by subsections (d) and (k) shall 
take effect 1 year after the date of the enactment of this Act. 
SEC. 3155. INCREASE IN MAXIMUM RATE OF PAY FOR SCIENTIFIC, 
ENGINEERING, AND TECHNICAL PERSONNEL RESPON-
SIBLE FOR SAFETY AT DEFENSE NUCLEAR FACILITIES. 
Section 3161(a)(2) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 42 U.S.C. 7231 note) 
is amended by striking out "level IV of the Executive Schedule 
under section 5315" and inserting in lieu thereof "level III of the 
Executive Schedule under section 5314". 
SEC. 3156. EXTENSION OF AUTHORITY OF DEI»ARTMENT OF ENERGY 
5 USC 5597 note. 
TO PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS. 
(a) EXTENSION.—Notwithstanding subsection (c)(2)(D) of section 
663 of the Treasury, Postal Service, and General Government 
Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-
383; 5 U.S.C. 5597 note), the Department of Energy may pay 
voluntary separation incentive payments to qualifying employees 
who voluntarily separate (whether by retirement or resignation) 
before January 1, 2001. 
(b) EXERCISE OF AUTHORITY.—^The Department shall pay vol-
untary separation incentive pajonents under subsection (a) in 
accordance with the provisions of such section 663. 
SEC. 3157. REPEAL OF FISCAL YEAR 1998 STATEMENT OF POUCY ON 
STOCKPILE STEWARDSHIP PROGRAM. 
Section 3156 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2045; 42 U.S.C. 
2121 note) is repealed. 
SEC. 3158. REPORT ON STOCKPILE STEWARDSHIP CRITERIA. 
42 USC 2121 
(a) REQUIREMENT FOR CRITERIA.—The Secretary of Energy shall "° ^' 
develop clear and specific criteria for judging whether the science-
based tools being used by the Department of Energy for determining 
the safety and reliability of the nuclear weapons stockpile are 
performing in a manner that will provide an adequate degree of 
certainty that the stockpile is safe and reliable. 
(b) COORDINATION WITH SECRETARY OF DEFENSE.—The Sec-
retary of Energy, in developing the criteria required by subsection 
(a), shall coordinate with the Secretary of Defense. 
(c) REPORT.—Not later than March 1, 2000, the Secretary of 
Energy shall submit to the Committee on .Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives a report on the efforts by the Department of Energy 
to develop the criteria required by subsection (a). The report shall 
include— 
(1) a description of the information needed to determine 
that the nuclear weapons stockpile is safe and reliable and 
the relationship of the science-based tools to the collection 
of that information; and 
(2) a description of the criteria required by subsection 
(a) to the extent they have been developed as of the date 
of the submission of the report. 
112 STAT. 2258 
PUBLIC LAW 105-261—OCT. 17, 1998 
42 use 2121 
SEC. 3159. PANEL TO ASSESS THE RELIABIUTY, SAFETY, AND SECU-
note. 
RITY OF THE UNITED STATES NUCLEAR STOCKPILE. 
Contracts. 
(a) REQUIREMENT FOR PANEL.—The Secretary of Defense, in 
consultation with the Secretary of Energy, shall enter into a contract 
with a federally funded research and development center to estab-
lish a panel for the assessment of the certification process for 
the reliability, safety, and security of the United States nuclear 
stockpile. 
(b) COMPOSITION AND ADMINISTRATION OF PANEL.—(1) The 
panel shall consist of private citizens of the United States with 
knowledge and expertise in the technical aspects of design, manufac-
ture, and maintenance of nuclear weapons. 
(2) The federally funded research and development center shall 
be responsible for establishing appropriate procedures for the panel, 
including selection of a panel chairman. 
(c) DUTIES OF PANEL.—Each year the panel shall review and 
assess the following: 
(1) The annual certification process, including the conclu-
sions and recommendations resulting from the process, for the 
safety, security, and reliability of the nuclear weapons stockpile 
of the United States, as carried out by the directors of the 
national weapons laboratories. 
(2) The long-term adequacy of the process of certifying 
the safety, security, and reliability of the nuclear weapons 
stockpile of the United States. 
(3) The adequacy of the criteria established by the Sec-
retary of Energy pursuant to section 3158 for achieving the 
purposes for which those criteria are established. 
(d) REPORT.—^Not later than October 1 of each year, beginning 
with 1999, the panel shall submit to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives a report setting forth its findings 
and conclusions resulting from the review and assessment carried 
out for the year covered by the report. The report shall be submitted 
in classified and unclassified form. 
(e) COOPERATION OF OTHER AGENCIES.—(1) The panel may 
secure directly from the Department of Energy, the Department 
of Defense, or any of the national weapons laboratories or plants 
or any other Federal department or agency information that the 
panel considers necessary to carry out its duties. 
(2) For carrying out its duties, the panel shall be provided 
full and timely cooperation by the Secretary of Energy, the Secretary 
of Defense, the Commander of United States Strategic Command, 
the Directors of the Los Alamos National Laboratory, the Lawrence 
Livermore National Laboratory, the Sandia National Laboratories, 
the Savannah River Site, the Y-12 Plant, the Pantex Facility, 
and the Kansas City Plant, and any other official of the United 
States that the chairman of the panel determines as having informa-
tion described in paragraph (1). 
(3) The Secretary of Energy and the Secretary of Defense shall 
each designate at least one officer or employee of the Department 
of Energy and the Department of Defense, respectively, to serve 
as a liaison officer between the department and the panel. 
(f) FUNDING.—^The Secretary of Defense and the Secretary of 
Energy shall each contribute 50 percent of the amount of funds 
that are necessary for the panel to carry out its duties. Funds 
available for the Department of Energy for atomic energy defense 
PUBLIC LAW 105-261—OCT, 17, 1998 
112 STAT. 2259 
activities shall be available for the Department of Energy contribu-
tion. 
(g) TERMINATION OF PANEL.—The panel shall terminate three 
years after the date of the appointment of the member designated 
as chairman of the panel. 
(h) INITIAL IMPLEMENTATION.—^The Secretary of Defense shall 
enter into the contract required under subsection (a) not later 
than 60 days after the date of the enactment of this Act. The 
panel shall convene its first meeting not later than 30 days after 
the date as of which all members of the panel have been appointed. 
SEC. 3160. INTERNATIONAL COOPERATIVE INFORMATION EXCHANGE. 
(a) FINDINGS.—Congress finds the following: 
(1) Currently in the post-cold war world, there are new 
opportunities to facilitate international political and scientific 
cooperation on cost-effective, advanced, and innovative nuclear 
management technologies. 
(2) There is increasing public interest in monitoring and 
remediation of nuclear waste. 
(3) It is in the best interest of the United States to explore 
and develop options with the international community to facili-
tate the exchange of evolving advanced nuclear wastes tech-
nologies. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Energy, in consultation with the Secretary of 
State, the Secretary of Defense, the Administrator of the Environ-
mental Protection Agency, and other officials as appropriate, should 
prepare and submit to the Committee on i\rmed Services of the 
Senate and the Committee on National Security of the House of 
Representatives a report containing the following: 
(1) An assessment of whether the United States should 
encourage the establishment of an international project to facili-
tate the international exchange of information (including costs 
data) relating to nuclear waste technologies, including tech-
nologies for solid and liquid radioactive wastes and contami-
nated soils and sediments. 
(2) An assessment of whether such a project could be funded 
privately through industry, public interest, and 
scientific 
organizations and administered by an international nongovern-
mental organization, with operations in the United States, Rus-
sia, and other countries that have an interest in developing 
such technologies. 
(3) A description of the Federal programs that facilitate 
the exchange of such information and of any added benefit 
of consolidating such programs into such a project. 
(4) Recommendations for any legislation that the Secretary 
of Energy believes would be required to enable such a project 
to be undertaken. 
SEC. 
3161. PROTECTION AGAINST INADVIERTENT RELEASE OF 
50 USC 435 note. 
RESTRICTED DATA AND FORMERLY RESTRICTED DATA. 
(a) PLAN FOR PROTECTION AGAINST RELEASE.—^The Secretary 
of Energy and the Archivist of the United States shall, after con-
sultation with the members of the National Security Council and 
in consultation with the Secretary of Defense and the heads of 
other appropriate Federal agencies, develop a plan to prevent the 
112 STAT. 2260 
PUBLIC LAW 105-261—OCT. 17, 1998 
inadvertent release of records containing Restricted Data or For-
merly Restricted Data during the automatic declassification of 
records under Executive Order No. 12958 (50 U.S.C. 435 note). 
(b) PLAN ELEMENTS.—The plan under subsection (a) shall 
include the following: 
(1) The actions to be taken in order to ensure that records 
subject to Executive Order No. 12958 are reviewed on a page-
by-page basis for Restricted Data and Formerly Restricted Data 
unless they have been determined to be highly unlikely to 
contain Restricted Data or Formerly Restricted Data. 
(2) The criteria and process by which documents are deter-
mined to be highly unlikely to contain Restricted Data or For-
merly Restricted Data. 
(3) The actions to be taken in order to ensure proper 
trgdning, supervision, and evaluation of personnel engaged in 
declassification under that Executive order so that such per-
sonnel recognize Restricted Data and Formerly Restricted Data. 
(4) The extent to which automated declassification tech-
nologies will be used under that Executive order to protect 
Restricted Data and Formerly Restricted Data from inadvertent 
release. 
(5) Procedures for periodic review and evaluation by the 
Secretary of Energy, in consultation with the Director of the 
Information Security Oversight Office of the National Archives 
and Records Administration, of compliance by Federal agencies 
with the plan. 
(6) Procedures for resolving disagreements among Federal 
agencies regarding declassification procedures and decisions 
under the plan. 
(7) The funding, personnel, and other resources required 
to carry out the plan. 
(8) A timetable for implementation of the plan. 
(c) LIMITATION ON DECLASSIFICATION OF CERTAIN RECORDS.— 
(1) Effective on the date of the enactment of this Act and except 
as provided in paragraph (3), a record referred to in subsection 
(a) may not be declassified unless the agency having custody of 
the record reviews the record on a page-by-page basis to ensure 
that the record does not contain Restricted Data or Formerly 
Restricted Data. 
(2) Any record determined as a result of a review under para-
graph (1) to contain Restricted Data or Formerly Restricted Data 
may not be declassified until the Secretary of Energy, in conjimction 
with the head of the agency having custody of the record, determines 
that the document is suitable for declassification. 
(3) After the date occurring 60 days after the submission of 
the plan required by subsection (a) to the committees referred 
to in paragraphs (1) and (2) of subsection (d), the requirement 
under paragraph (1) to review a record on a page-by-page basis 
shall not apply in the case of a record determined, under the 
actions specified in the plan pursuant to subsection (b)(1), to be 
a record that is highly unlikely to contain Restricted Data or For-
merly Restricted Data. 
(d) SUBMISSION OF PLAN.—The Secretary of Energy shall submit 
the plan required under subsection (a) to the following: 
(1) The Committee on Armed Services of the Senate. 
(2) The Committee on National Security of the House of 
Representatives. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2261 
(3) The Assistant to the President for National Security 
Affairs. 
(e) SUBMISSION OF REVIEWS.—^The Secretary of Energy shall, 
on a periodic basis, submit a summary of the results of the periodic 
reviews and evaluations specified in the plan pursuant to subsection 
(b)(4) to the committees and Assistant to the President specified 
in subsection (d). 
(f) 
REPORT 
AND NOTIFICATION 
REGARDING 
INADVERTENT 
RELEASES.—(1) The Secretary of Energy shall submit to the commit-
tees and Assistant to the President specified in subsection (d) a 
report on inadvertent releases of Restricted Data or Formerly 
Restricted Data under Executive Order No. 12958 that occurred 
before the date of the enactment of this Act. 
(2) Not later than 30 days after any such inadvertent release 
occurring after the date of the enactment of this Act, the Secretary 
of Energy shall notify the committees and Assistant to the President 
specified in subsection (d) of such releases. 
(g) DEFINITION.—In this section, the term "Restricted Data" 
has the meaning given that term in section 11 y. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y)). 
SEC. 3162. SENSE OF CONGRESS REGAKDING TREATMENT OF FOR-
MERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
UNDER A NONDEFENSE DISCRETIONARY BUDGET FUNC-
TION. 
It is the sense of Congress that the Office of Management 
and Budget should, beginning with fiscal year 2000, transfer the 
Formerly Utilized Sites Remedial Action Program from the National 
Defense budget function (budget function 050) to a nondefense 
discretionary budget function. 
SEC. 3163. REPORTS RELATING TO TRITIUM PRODUCTION. 
(a) REPORT ON TRITIUM PRODUCTION TECHNOLOGY OPTIONS.— 
(1) The Secretary of Defense, in consultation with the Secretary 
of Energy, shall establish a task force of the Defense Science Board 
to examine tritium production technology options. 
(2) The task force shall examine the following issues: 
(A) The risk associated with the design, construction, oper-
ation, and cost of each option for tritium production under 
consideration. 
(B) The implications for nuclear weapons proliferation of 
each such option. 
(C) The extent to which each such option contributes to 
the capability of the Government to reliably meet the national 
defense requirements of the United States. 
(D) Any other factors that the Secretary of Defense or 
the Secretary of Energy considers appropriate. 
(3) The task force shall submit to the Secretary of Defense 
and the Secretary of Energy a report on the results of its examina-
tion. The Secretaries shall submit the report to Congress not later 
than June 30, 1999. 
(b) REPORT ON TEST PROGRAM FOR TRITIUM PRODUCTION AT 
WATTS BAR.—(1) The Secretary of Energy shall submit to the 
congressional defense committees a report on the results of the 
test program at the Watts Bar Nuclear Station, Tennessee, after 
the test program is completed and the results of the program 
are evaluated. The report shall include— 
112 STAT. 2262 
PUBLIC LAW 105-261—OCT. 17, 1998 
(A) data on the performance of the test rods, including 
any leakage of tritium from the test rods; 
(B) the amount of tritium produced during the test; 
(C) the performance of the reactor during the test; and 
(D) any other technical findings resulting from the test. 
(2) The Secretary of Energy shall submit to the congressional 
defense committees an interim report on the test program not 
later than 60 days after the test rods are removed from the Watts 
Bar reactor. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 1999, 
$17,500,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
TITLE XXXIII—NATIONAL DEFENSE 
STOCKPILE 
Sec. 3301. Definitions. 
Sec. 3302. Authorized uses of stockpile fiinds. 
Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile. 
Sec. 3304. Use of stockpile funds for certain environmental remediation, restoration, 
waste management, and compliance activities. 
50 u s e 98d note. 
SEC. 3301. DEFINITIONS. 
In this title: 
(1) The term "National Defense Stockpile" means the stock-
pile provided for in section 4 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98c). 
(2) The term "National Defense Stockpile Transaction 
Fund" means the fund in the Treasury of the United States 
established under section 9(a) of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h(a)). 
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—^During fiscal year 1999, 
the National Defense Stockpile Manager may obligate up to 
$83,000,000 of the funds in the National Defense Stockpile Trans-
action Fund for the authorized uses of such funds under section 
9(b)(2) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h(b)(2)), including the disposal of hazardous materials 
that are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—^The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2263 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
SEC. 
3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN 
50 USC 98d note. 
NATIONAL DEFENSE STOCKPILE. 
(a) DISPOSAL REQUIRED.—Subject to subsection (c), the Presi-
dent shall dispose of materials contained in the National Defense 
Stockpile and specified in the table in subsection (b) so as to 
result in receipts to the United States in the amount of— 
(1) $105,000,000 by the end of fiscal year 1999; 
(2) $460,000,000 by the end of fiscal year 2002; 
(3) $555,000,000 by the end of fiscal year 2003; and 
(4) $590,000,000 by the end of fiscal year 2005. 
(b) LIMITATION ON DISPOSAL QUANTITY.—The total quantities 
of materials authorized for disposal by the President under sub-
section (a) may not exceed the amounts set forth in the following 
table: 
Authorized Stockpile Disposals 
Material for disposal 
Quantity 
Bauxite Refractory 
29,000 long calcined ton 
Beryllium Metal 
100 short tons 
Chromite Chemical 
34,000 short dry tons 
Chromite Refractory 
159,000 short dry tons 
Chromium Ferroalloy 
125,000 short tons 
Columbiiun Carbide Powder 
21,372 pounds of con-
tained Columbium 
Coliunbium Concentrates 
1,733,454 pounds of con-
tained Columbium 
Columbium Ferro 
249,396 pounds of con-
tained Columbium 
Columbium Metal—Ingots 
161,123 pounds of con-
tained Columbium 
Diamond, Stones 
3,000,000 carats 
Germanium Metal 
28,198 kilograms 
Graphite Natural Ceylon Lump 
5,492 short tons 
Indium 
14,248 troy ounces 
Mica Muscovite Block 
301,000 pounds 
Mica Phlogopite Block 
130,745 pounds 
Platinum 
439,887 troy ounces 
Platinum—Iridium 
4,450 troy ounces 
Platinum—Palladium 
750,000 troy ounces 
Tantalum Carbide Powder 
22,688 pounds of con-
tained Tantalum 
Tantalum Metal Ingots 
125,000 pounds of con-
tained Tantalum 
Tantalum Metal Powder 
125,000 pounds of con-
tained Tantalum 
Tantalum Minerals 
1,751,364 pounds of con-
tained Tantalum 
Tantalum Oxide 
122,730 pounds of con-
tained Tantalum 
Tungsten Carbide Powder 
2,032,896 pounds of con-
tained Tungsten 
Tungsten Ferro 
2,024,143 pounds of con-
tained Tungsten 
Tungsten Metal Powder 
1,898,009 pounds of con-
tained Tungsten 
112 STAT. 2264 
PUBLIC LAW 105-261—OCT. 17, 1998 
Authorized Stockpile Disposals—Continued 
Material for disposal 
Quantity 
Tiingsten Ores & Concentrates 
76,358,235 pounds of con-
tained Tungsten 
(c) MINIMIZATION OF DISRUPTION AND LOSS.—^The President 
may not dispose of materials under subsection (a) to the extent 
that the disposal will result in— 
(1) undue disruption of the usual markets of producers, 
processors, and consumers of the materials proposed for dis-
posal; or 
(2) avoidable loss to the United States. 
(d) TREATMENT OF RECEIPTS.—^Notwithstanding section 9 of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h), funds received as a result of the disposal of materials author-
ized for disposal under subsection (a) shall be treated as follows: 
(1) The following amounts shall be transferred to the Sec-
retary of Health and Human Services, to be credited in the 
manner determined by the Secretary to the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical 
Insurance Trust Fund: 
(A) $3,000,000 during fiscal year 1999. 
(B) $22,000,000 during fiscal year 2000. 
(C) $28,000,000 during fiscal year 2001. 
(D) $31,000,000 during fiscal year 2002. 
(E) $8,000,000 during fiscal year 2003. 
(2) The balance of the funds received shall be deposited 
into the general fund of the Treasury. 
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—^The dis-
posal authority provided in subsection (a) is new disposal authority 
and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding the materials specified in such 
subsection. 
(f) AUTHORIZATION OF SALE.—^The authority provided by this 
section to dispose of materials contained in the National Defense 
Stockpile so as to result in receipts of $100,000,000 of the amount 
specified for fiscal year 1999 in subsection (a) by the end of that 
fiscal year shall be effective only to the extent provided in advance 
in appropriation Acts. 
SEC. 3304. USE OF STOCKPILE FUNDS FOR CERTAIN ENVIRONMENTAL 
REMEDIATION, 
RESTORATION, WASTE MANAGEMENT, 
AND COMPLIANCE ACTIVITIES. 
Section 9(b)(2) of the Strategic and Critical Materials Stock 
Piling Act (50 U.S.C. 98h(b)(2)) is amended— 
(1) by redesignating subparagraphs (J) and (K) as subpara-
graphs (K) and (L), respectively; and 
(2) by inserting after subparagraph (I) the following new 
subparagraph (J): 
"(J) Performance of environmental remediation, restoration, 
waste management, or compliance activities at locations of 
the stockpile that are required under a Federal law or are 
undertaken by the Government under an administrative deci-
sion or negotiated agreement.". 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2265 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Definitions. 
Sec. 3402. Authorization of appropriations. 
Sec. 3403. Disposal of Naval Petroleum Reserve Numbered 2. 
Sec. 3404. Disposal of Naval Petroleum Reserve Numbered 3. 
Sec. 3405. Disposal of Oil Shale Reserve Numbered 2. 
Sec. 3406. Administration. 
SEC. 3401. DEFINITIONS. 
10 USC 7420 
In this title: 
(1) The term "naval petroleum reserves" has the meaning 
given the term in section 7420(2) of title 10, United States 
Code. 
(2) The term "Naval Petroleum Reserve Numbered 2" 
means the naval petroleum reserve, commonly referred to as 
the Buena Vista unit, that is located in Kern County, California, 
and was established by Executive order of the President, dated 
December 13, 1912. 
(3) The term "Naval Petroleum Reserve Numbered 3" 
means the naval petroleum reserve, commonly referred to as 
the Teapot Dome unit, that is located in the State of Wyoming 
and was established by Executive order of the President, dated 
April 30, 1915. 
(4) The term "Oil Shale Reserve Numbered 2" means the 
naval petroleum reserve that is located in the State of Utah 
and was established by Executive order of the President, dated 
Decembers, 1916. 
(5) The term "antitrust laws" has the meaning given the 
term in section 1(a) of the Claj^on Act (15 U.S.C. 12(a)), except 
that the term also includes— 
(A) the Act of June 19, 1936 (15 U.S.C. 13 et seq.; 
commonly known as the Robinson-Patman Act); and 
(B) section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45), to the extent that such section applies 
to unfair methods of competition. 
(6) The term "petroleum" has the meaning given the term 
in section 7420(3) of title 10, United States Code. 
SEC. 3402. AUTHORIZATION OF APPROPRIATIONS. 
10 USC 7420 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $22,500,000 for fiscal year 1999 for 
the purpose of carrying out— 
(1) activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum resei*ves; 
(2) closeout activities at Naval Petroleum Reserve Num-
bered 1 upon the sale of that reserve under subtitle B of 
title XXXIV of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 10 U.S.C. 7420 note); and 
(3) activities under this title relating to the disposition 
of Naval Petroleum Reserve Numbered 2, Naval Petroleum 
Reserve Numbered 3, and Oil Shale Reserve Numbered 2. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall remain 
available until expended. 
112 STAT. 2266 
PUBLIC LAW 105-261—OCT. 17, 1998 
10 use 7420 
SEC. 3403. DISPOSAL OF NAVAL PETROLEUM RESERVE NUM-
note. 
BERED 2. 
(a) DISPOSAL OF FORD CITY LOTS AUTHORIZED.—(1) Subject 
to section 3406, the Secretary of Energy may dispose of the portion 
of Naval Petroleum Reserve Numbered 2 that is located within 
the town lots in Ford City, California, which are identified as 
"Drill Sites Numbered 3A, 4, 6, 9A, 20, 22, 24, and 26" and described 
in the document entitled "Ford City Drill Site Locations—NPR-
2," and accompanying maps on file in the office of the Deputy 
Assistant Secretary for Naval Petroleum and Oil Shale Reserves 
of the Department of Energy. 
(2) The Secretary of Energy shall carry out the disposal author-
ized by paragraph (1) by competitive sale or lease consistent with 
commercial practices, by transfer to another Federal agency or 
a public or private entity, or by such other means as the Secretary 
considers appropriate. Any competitive sale or lease under this 
subsection shall provide for the disposal of all right, title, and 
interest of the United States in the property to be conveyed. The 
Secretary of Energy may use the authority provided by the Act 
of June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as 
the Recreation and Public Purposes Act), in the same manner 
and to the same extent as the Secretary of the Interior, to dispose 
of the portion of Naval Petroleum Reserve Numbered 2 described 
in paragraph (1). 
(3) Section 2696(a) of title 10, United States Code, regarding 
the screening of real property for further Federal use before dis-
posal, shall apply to the disposal authorized by paragraph (1). 
(b) TRANSFER OF ADMINISTRATIVE JURISDICTION AUTHORIZED.— 
(1) The Secretary of Energy shall continue to administer Naval 
Petroleum Reserve Numbered 2 (other than the portion of the 
reserve authorized'for disposal under subsection (a)) in accordance 
with chapter 641 of title 10, United States Code, until such time 
as the Secretary makes a determination to abandon oil and gas 
operations in Naval Petroleum Reserve Numbered 2 in accordance 
with commercial operating practices. 
(2) After oil and gas operations are abandoned in Naval Petro-
leum Reserve Numbered 2, the Secretary of Energy may transfer 
to the Secretary of the Interior administrative jurisdiction and 
control over all public domain lands included within Naval Petro-
leum Reserve Numbered 2 (other than the portion of the reserve 
authorized for disposal under subsection (a)) for management in 
accordance with the general land laws. 
(c) RELATIONSHIP TO ANTITRUST LAWS.—^This section does not 
modify, impair, or supersede the operation of the antitrust laws. 
10 use 7420 
SEC. 3404. DISPOSAL OF NAVAL PETROLEUM RESERVE NUM-
note. 
BERED 3. 
(a) ADMINISTRATION PENDING TERMINATION OF OPERATIONS.— 
The Secretary of Energy shall continue to administer Naval Petro-
leum Reserve Numbered 3 in accordance with chapter 641 of title 
10, United States Code, until such time as the Secretary makes 
a determination to abandon oil and gas operations in Naval Petro-
leum Reserve Numbered 3 in accordance with commercial operating 
practices. 
(b) DISPOSAL AUTHORIZED.—^After oil and gas operations are 
abandoned in Naval Petroleum Reserve Numbered 3, the Secretary 
of Energy may dispose of the reserve as provided in this subsection. 
.^fff^;,_ 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2267 
Subject to section 3406, the Secretary shall carry out any such 
disposal of the reserve by sale or lease or by transfer to another 
Federal agency. Any sale or lease shall provide for the disposal 
of all right, title, and interest of the United States in the property 
to be conveyed and shall be conducted in accordance with competi-
tive procedures consistent with commercial practices, as established 
by the Secretary. 
(c) RELATIONSHIP TO ANTITRUST LAWS.—This section does not 
modify, impair, or supersede the operation of the antitrust laws. 
SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NiQMBERED 2. 
(a) TRANSFER OF ADMINISTRATIVE JURISDICTION AUTHORIZED.— 
Subject to section 3406, the Secretary of Energy may transfer 
to the Secretary of the Interior administiative jurisdiction and 
control over all public domain lands included within Oil Shale 
Reserve Numbered 2 for management in accordance with the gen-
eral land laws. 
(b) RELATIONSHIP TO INDIAN RESERVATION.—The transfer 
of 
administrative jurisdiction under this section does not affect any 
interest, right, or obligation respecting the Uintah and Ouray Indian 
Reservation located in Oil Shale Reserve Numbered 2. 
SEC. 3406. ADMINISTRATION. 
(a) PROTECTION OF EXISTING RIGHTS.—At the discretion of the 
Secretary of Energy, the disposal of property under this title shall 
be subject to any contract related to the United States ownership 
interest in the property in effect at the time of disposal, including 
any lease agreement pertaining to the United States interest in 
Naval Petroleum Reserve Numbered 2. 
(b) DEPOSIT OF RECEIPTS.—Notwithstanding any other law, all 
monies received by the United States from the disposal of property 
under this title, including any monies received from a lease entered 
into under this title, shall be deposited in the general fund of 
the Treasury. 
(c) TREATMENT OF ROYALTIES.—^Aay petroleum accruing to the 
United States as royalty from any lease of lands transferred under 
this title shall be delivered to the United States, or shall be paid 
for in money, as the Secretary of the Interior may elect. 
(d) ELEMENTS OF LEASE.—A lease under this title may provide 
for the exploration for, and development and production of, petro-
leum, other than petroleum in the form of oil shale. 
(e) WAIVER OF REQUIREMENTS REGARDING CONSULTATION AND 
APPROVAL.—Section 7431 of title 10, United States Code, shall 
not apply to the disposal of property under this title. 
TITLE XXXV—PANAJVL\ CANAL 
COMMISSION 
Sec. 3501. Short title; references to Panama Canal Act of 1979. 
Sec. 3502. Authorization of expenditures. 
Sec. 3503. Purchase of vehicles. 
Sec. 3504. Expenditures only in accordance with treaties. 
Sec. 3505. Donations to the Commission. 
Sec. 3506. Agreements for United States to provide post-transfer administrative 
services for certain employee benefits. 
Sec. 3507. Sunset of United States overseas benefits just before transfer. 
Sec. 3508. Central examining office. 
Sec. 3509. Liability for vessel accidents. 
10 u s e 7420 
note. 
10 u s e 7420 
note. 
Panama Canal 
Commission 
Authorization 
Act for Fiscal 
Year 1999. 
112 STAT. 2268 
PUBLIC LAW 105-261—OCT. 17, 1998 
Sec. 3510. Panama Canal Board of Contract Appeals. 
Sec. 3511. Restatement of requirement that Secretary of Defense designee on 
Panama Canal Commission supervisory board be a current officer of the 
Department of Defense. 
Sec. 3512. Technical amendments. 
SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL ACT OF 
1979. 
(a) SHORT TITLE.—This title may be cited as the "Panama 
Canal Commission Authorization Act for Fiscal Year 1999". 
(b) REFERENCES TO PANAMA CANAL ACT OF 1979.—Except as 
otherwise expressly provided, whenever in this title an amendment 
or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered 
to be made to a section or other provision of the Panama Canal 
Act of 1979 (22 U.S.C. 3601 et seq.). 
SEC. 3502. AUTHORIZATION OF EXPENDITURES. 
(a) IN GENERAL.—Subject to subsection (b), the Panama Canal 
Commission is authorized to use amounts in the Panama Canal 
Revolving Fund to make such expenditures within the limits of 
funds and borrowing authority available to it in accordance with 
law, and to make such contracts and commitments, as may be 
necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 
et seq.) for the operation, maintenance, improvement, and adminis-
tration of the Panama Canal for fiscal year 1999. 
(b) LIMITATIONS.—For fiscal year 1999, the Panama Canal 
Commission may expend from funds in the Panama Canal Revolving 
Fund not more than $100,000 for official reception and representa-
tion expenses, of which— 
(1) not more than $28,000 may be used for official reception 
and representation expenses of the Supervisory Board of the 
Commission; 
(2) not more than $14,000 may be used for official reception 
and representation expenses of the Secretary of the Commis-
sion; and 
(3) not more than $58,000 may be used for official reception 
and representation expenses of the Administrator of the 
Commission. 
SEC. 3503. PURCHASE OF VEHICLES. 
Notwithstanding any other provision of law, the funds available 
to the Commission shall be available for the purchase and transpor-
tation to the Republic of Panama of passenger motor vehicles, 
the purchase price of which shall not exceed $23,000 per vehicle. 
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES. 
Expenditures authorized under this title may be made only 
in accordance with the Panama Canal Treaties of 1977 and any 
law of the United States implementing those treaties. 
SEC. 3505. DONATIONS TO THE COMMISSION. 
Section 1102b (22 U.S.C. 3612b) is amended by adding at 
the end the following new subsection: 
"(f)(1) The Commission may seek and accept donations of funds, 
property, and services from individuals, foundations, corporations, 
and other private and public entities for the purpose of carrying 
out its promotional activities. 
"(2) The Commission shall establish written guidelines setting 
forth the criteria to be used in determining whether the acceptance 
^ p ^ -
> 
PUBLIC LAW 105-261—OCT 17, 1998 
112 STAT. 2269 
of funds, property, or services authorized b)'^ paragraph (1) would 
reflect unfavorably upon the ability of the Commission (or any 
employee of the Commission) to carry out its responsibilities or 
official duties in a fair and objective manner or would compromise 
the integrity or the appearance of the integrity of its programs 
or of any official in those programs.". 
SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE POST-
TRANSFER ADMINISTRATIVE SERVICES FOR CERTAIN 
EMPLOYEE BENEFITS. 
Section 1110 (22 U.S.C. 3620) is amended by adding at the 
end the following new subsection: 
"(c)(1) The Secretary of State may enter into one or more 
agreements to provide for the United States to furnish administra-
tive services relating to the benefits described in paragraph (2) 
after December 31, 1999, and to establish appropriate procedures 
for providing advance funding for the services. 
"(2) The benefits referred to in paragraph (1) are the following: 
"(A) Pension, disability, and medical benefits provided by 
the Panama Canal Commission pursuant to section 1245. 
"(B) Compensation for work injuries covered by chapter 
81 of title 5, United States Code.". 
SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENEFITS JUST 
BEFORE TRANSFER. 
(a) REPEALS.—Effective 11:59 p.m. (Eastern Standard Time), 
December 30, 1999, the following provisions are repealed and any 
right or condition of employment provided for in, or arising from, 
those provisions is terminated: sections 1206 (22 U.S.C. 3646), 
1207 (22 U.S.C. 3647), 1217(a) (22 U.S.C. 3657(a)), and 1224(11) 
(22 U.S.C. 3664(11)), subparagraphs (A), (B), (F), (G), and (H) 
of section 1231(a)(2) (22 U.S.C. 3671(a)(2)) and section 1321(e) (22 
U.S.C. 3731(e)). 
(b) SAVINGS PROVISION FOR BASIC PAY.—Notwithstanding sub- 22 use 3657 
section (a), benefits based on basic pay, as listed in paragraphs 
^°^-
(1), (2), (3), (5), and (6) of section 1218 of the Panama Canal 
Act of 1979, shall be paid as if sections 1217(a) and 1231(a)(2)(A) 
and (B) of that Act had been repealed effective 12:00 noon, Decem-
ber 31, 1999. The exception under the preceding sentence shall 
not apply to any pay for hours of work performed on December 
31, 1999. 
(c) NONAPPLICABILITY TO AGENCIES IN PANAMA OTHER THAN 
PANAMA 
CANAL COMMISSION.—Section 1212(b)(3) (22 U.S.C. 
3652(b)(3)) is amended by striking out "the Panama Canal Transi-
tion Facilitation Act of 1997" and inserting in lieu thereof "the 
Panama Canal Transition Facilitation Act of 1997 (subtitle B of 
title XXXV of Public Law 105-85; 110 Stat. 2062), or the Panama 
Canal Commission Authorization Act for Fiscal Year 1999". 
SEC. 3508. CENTRAL EXAMINING OFFICE. 
(a) REPEAL.—Section 1223 (22 U.S.C. 3663) is repealed. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1 is amended by striking out the item relating to section 1223. 
SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS. 
(a) COMMISSION LIABILITY SUBJECT TO CILAIMANT INSURANCE.— 
(1) Section 1411(a) (22 U.S.C. 3771(a)) is amended by inserting 
112 STAT. 2270 
PUBLIC LAW 105-261—OCT. 17, 1998 
"to section 1419(b) of this Act and" after "Subject" in the first 
sentence. 
(2) Section 1412 (22 U.S.C. 3772) is amended by striking out 
"The Commission" in the first sentence and inserting in Heu thereof 
"Subject to section 1419(b) of this Act, the Commission". 
(3) Section 1416 (22 U.S.C. 3776) is amended by striking out 
"A claimant" in the first sentence and inserting in Ueu thereof 
"Subject to section 1419(b) of this Act, a claimant". 
(b) AUTHORITY To 
REQUIRE CLAIMANTS TO BE COVERED BY 
INSURANCE.—Section 1419 (22 U.S.C. 3779) is amended— 
(1) by inserting "(a)" before "The Commission"; and 
(2) by adding at the end the following: 
"(b)(1) The Commission may by regulation require as a condi-
tion of transit through the Panama Canal or presence in the Pan-
ama Canal or waters adjacent thereto that any potential claimant 
under section 1411 or 1412 of this Act be covered by insurance 
against the types of injuries described in those sections. The amount 
of insurance so required shall be specified in those regulations, 
but may not exceed $1,000,000. 
"(2) In a claim under section 1411 or 1412 of this Act for 
which the Commission has required insurance under this sub-
section, the Commission's liability shall be limited to the amount 
of damages in excess of the amount of insurance required by the 
Commission. 
"(3) In regulations under this subsection, the Commission may 
prohibit consideration or payment by it of claims presented by 
or on behalf of an insurer or subrogee of a claimant in a case 
for which the Commission has required insurance under this sub-
section.", 
SEC. 3510. PANAMA CANAL BOARD OF CONTRACT APPEALS. 
(a) ESTABLISHMENT AND PAY OF BOARD.—Section 3102(a) (22 
U.S.C. 3862(a)) is amended— 
(1) in paragraph (1), by striking out "shall" in the first 
sentence and inserting in lieu thereof "may; and 
(2) by adding at the end the following new paragraph: 
"(3) Compensation for members of the Board of Contract 
Appeals shall be established by the Commission's supervisory board. 
The annual compensation established for members may not exceed 
the rate of basic pay established for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code. The 
compensation of a member may not be reduced during the member's 
term of office from the level established at the time of the appoint-
ment of the member.". 
(b) DEADLINE FOR COMMENCEMENT OF BOARD.—Section 3102(e) 
(22 U.S.C. 3862(e)) is amended by striking out ", but not later 
than January 1, 1999". 
SEC. 3511. 
RESTATEMENT OF REQUIREMENT THAT SECRETARY OF 
DEFENSE DESIGNEE ON PANAMA CANAL COMMISSION 
SUPERVISORY 
BOARD 
BE 
A 
CURRENT 
OFFICER 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE. 
(a) 
AUTHORITY.—Section 
1102(a) 
(22 U.S.C. 
3612(a)) 
is 
amended— 
(1) by striking out the first sentence and inserting in lieu 
thereof the following: 'The Commission shall be supervised 
by a Board composed of nine members, one of whom shall 
be an officer of the Department of Defense. The officer of 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2271 
the Department of Defense who shall serve on the Board shall 
be designated by the Secretary of Defense and may continue 
to serve on the Board only while continuing to serve as an 
officer of the Department of Defense."; and 
(2) in the last sentence, by striking out "Secretary of 
Defense or a designee of the Secretary of Defense" and inserting 
in lieu thereof "the officer of the Department of Defense des-
ignated by the Secretary of Defense to be a member of the 
Board". 
(b) REPEAL OF SUPERSEDED PROVISION.—Section 302 of Public 
Law 105-18 (111 Stat. 168) is repealed. 
SEC. 3512. TECHNICAL AMENDMENTS. 
(a) PANAMA CANAL ACT OF 1979.—^The Panama Canal Act of 
1979 is amended as follows: 
(1) Section 1202(c) (22 U.S.C. 3642(c)) is amended— 
(A) by striking out "the day laefore the date of the 
enactment of the Panama Canal Transition Facilitation 
Act of 1997" and inserting in lieu thereof "November 17, 
1997,"; 
(B) by striking out "on or after that date"; and 
(C) by striking out "the day before the date of enact-
ment" and inserting in lieu thereof "that date". 
(2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended 
by inserting "the" after "by the head of. 
(3) Section 1313 (22 U.S.C. 3723) is amended by striking 
out "subsection (d)" in each of subsections (a), (b), and (d) 
and inserting in lieu thereof "subsection (c)". 
(4) Sections 1411(a) and 1412 (22 U.S.C. 3771(a), 3772) 
are amended by striking out "the date of the enactment of 
the Panama Canal Transition Facilitation Act of 1997" and 
inserting in lieu thereof "by November 18, 1998". 
(5) Section 1416 (22 U.S.C. 3776) is amended by striking 
out "the date of the enactment of the Panama Canal Transition 
Facilitation Act of 1997" and inserting in lieu thereof "by May 
17, 1998". 
(b) PUBLIC LAW 104-201.—Effective as of September 23, 1996, 
and as if included therein as enacted, section 3548(b)(3) of the 
Panama Canal Act Amendments of 1996 (subtitle B of title XXXV 
of Public Law 104-201; 110 Stat. 2869) is amended by striking 22USC3751 
out "section" in both items of quoted matter and inserting in lieu note. 
thereof "sections". 
TITLE XXXVI—MARITIME 
ADMINISTRATION 
Sec. 3601. Authorization of appropriations for fiscal year 1999. 
Sec. 3602. Authority to convey National Defense Reserve Fleet vessel.' 
Sec. 3603. Authority to convey certain National Defense Reserve Fleet vessels. 
Sec. 3604. Clearinghouse for maritime information. 
Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY. 
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
1999. 
Funds are hereby authorized to be appropriated for fiscal year 
1999, to be available without fiscal year limitation if so provided 
in appropriations Act, for the use of the Department of Transpor-
tation for the Maritime Administration as follows: 
112 STAT. 2272 
PUBLIC LAW 105-261—OCT. 17, 1998 
(1) For expenses necessary for operations and training 
activities, $70,553,000. 
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1271 et seq.), $20,000,000 of which— 
(A) $16,000,000 is for the cost (as defined in section 
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5))) of loan guarantees under the program; and 
(B) $4,000,000 is for administrative expenses related 
to loan guarantee commitments under the program. 
SEC. 3602. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE 
FLEET VESSEL. 
(a) AUTHORITY TO CONVEY.—^The Secretary of Transportation 
may convey all right, title, and interest of the United States Govern-
ment in and to the vessel MA^ BAYAMON (United States official 
number 530007) to a purchaser for use as a self-propelled floating 
trade exposition to showcase United States technology, industrial 
products, and services. 
(b) TERMS OF CONVEYANCE.— 
(1) DELIVERY OF VESSEL.—In carrying out subsection (a), 
the Secretary shall deliver the vessel— 
(A) at the place where the vessel is located on the 
date of conveyance; 
(B) in its condition on that date; and 
(C) at no cost to the United States Government. 
(2) REQUIRED CONDITIONS.—^The Secretary may not convey 
a vessel under this section unless— 
(A) competitive procedures are used for sales under 
this section; 
(B) the vessel is sold for not less than the fair market 
value of the vessel in the United States, as determined 
by the Secretary of Transportation; 
(C) the recipient agrees that any repair, except for 
emergency repairs, restoration, or reconstruction work for 
the vessel will be performed in the United States; 
(D) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous 
material, including asbestos and polychlorinated biphenyls, 
after the conveyance of the vessel, except for claims arising 
before the date of the conveyance or from use of the vessel 
by the Government after that date; and 
(E) the recipient provides sufficient evidence to the 
Secretary that it has adequate financial resources in the 
form of cash, liquid assets, or a written loan commitment 
to complete the reconstruction of the vessel. 
(3) ADDITIONAL TERMS.—^The Secretary may require such 
additional terms in connection with the conveyance authorized 
by this section as the Secretary considers appropriate. 
(c) PROCEEDS.—^Any amounts received by the United States 
as proceeds from the sale of the MTV BAYAMON shall be deposited 
in the Vessel Operations Revolving Fund established by section 
801 of the Act of June 2, 1951 (65 Stat. 59; 46 U.S.C. App. 1241a) 
and shall be available and expended in accordance with section 
6(a) of the National Maritime Heritage Act (16 U.S.C. App. 5405(a)). 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2273 
SEC. 3603. AUTHORITY TO CONVEY CERTAIN NATIONAL DEFENSE 
RESERVE FLEET VESSELS. 
(a) AUTHORITY TO CONVEY.—^The Secretary of Transportation 
may convey all right, title, and interest of the United States Govern-
ment in and to the vessels BENJAMIN ISHERWOOD (TAO-191) 
and HENRY ECKFORD (TAG-192) to a purchaser for the limited 
purpose of reconstruction of those vessels for sale or charter to 
a North Atlantic Treaty Grganization country for full use as an 
oiler. 
(b) TERMS OF CONVEYANCE.— 
(1) DELIVERY OF VESSEL.—In carrying out subsection (a), 
the Secretary shall deliver the vessel— 
(A) at the place where the vessel is located on the 
date of the conveyance; 
(B) in its condition on that date; and 
(C) at no cost to the United States Government. 
(2) REQUIRED CONDITIONS.—^The Secretary may not convey 
a vessel under this section unless— 
(A) competitive procedures are used for sales under 
this section; 
(B) the vessel is sold for not less than the fair market 
value of the vessel in the United States, as determined 
by the Secretary of Transportation; 
(C) the recipient agrees that £iny repair, except for 
emergency repairs, restoration, or reconstruction work for 
the vessel will be performed in the United States; 
(D) the recipient agrees to hold the Government harm-
less for any claims arising from defects in the vessel or 
from exposure to hazardous material, including asbestos 
and polychlorinated biphenyls, after the conveyance of the 
vessel, except for claims arising before the date of the 
conveyance or from use of the vessel by the Government 
after that date; 
(E) the recipient provides sufficient evidence to the 
Secretary that it has adequate financial resources in the 
form of cash, liquid assets, or a written loan commitment 
to complete the reconstruction of the vessel; and 
(F) with respect to the vessel, the recipient remains 
J 
subject to all laws and regulations governing the export 
^ 
of military items, including the requirements administered 
by the Department of State regarding export licenses and 
certification of nontransfer end use. 
(3) ADDITIONAL TERMS.—^The Secretary may require such 
additional terms in connection with a conveyance authorized 
by this section as the Secretary considers appropriate. 
(c) PROCEEDS.—^Any amounts received by the United States 
as proceeds from the sale of a vessel under this section shall 
be deposited in the Vessel Operations Revolving Fund established 
by section 801 of the Act of June 2, 1951 (65 Stat. 59; 46 U.S.C. 
App. 1241a) and shall be available and expended in accordance 
with section 6(a) of the National Maritime Heritage Act (16 U.S.C. 
App. 5405(a)). 
SEC. 3604. CLEARINGHOUSE FOR MARITIME INFORMATION. 
Of the amount authorized to be appropriated pursuant to sec-
tion 3601(1) for operations of the Maritime Administration, $75,000 
112 STAT. 2274 
PUBLIC LAW 105-261—OCT. 17, 1998 
may be available for the establishment at a State Maritime Acad-
emy of a clearinghouse for maritime information that makes that 
information publicly available, including by use of the Internet. 
SEC. 3605. CONVEYANCE OF NDRF VESSEL EX-USS LORAIN COUNTY. 
(a) AUTHORITY To CONVEY.—The Secretary of Transportation 
may convey all right, title, and interest of the Federal Government 
in and to the vessel ex-USS LORAIN COUNTY (LST-1177) to 
the Ohio War Memorial, Inc., located in Sandusky, Ohio (in this 
section referred to as the "recipient"), for use as a memorial to 
Ohio veterans. 
(b) TERMS OF CONVEYANCE.— 
(1) DELIVERY OF VESSEL.—In carrying out subsection (a), 
the Secretary shall deliver the vessel— 
(A) at the place where the vessel is located on the 
date of conveyance; 
(B) in its condition on that date; and 
(C) at no cost to the Federal Government. 
(2) REQUIRED CONDITIONS.—^The Secretary may not convey 
a vessel under this section unless— 
(A) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous 
material, including asbestos and polychlorinated biphenyls, 
after conveyance of the vessel, except for claims arising 
before the date of the conveyance or from use of the vessel 
by the Government after that date; and 
(B) the recipient has available, for use to restore the 
vessel, in the form of cash, liquid assets, or a written 
loan commitment, financial resources of at least $100,000. 
(3) ADDITIONAL TERMS.—^The Secretary may require such 
additional terms in connection with the conveyance authorized 
by this section as the Secretary considers appropriate. 
(c) OTHER UNNEEDED EQUIPMENT.—^The Secretary may convey 
to the recipient of the vessel conveyed under this section any 
unneeded equipment from other vessels in the National Defense 
Reserve Fleet, for use to restore the vessel conveyed under this 
section to museum quality. 
TITLE XXXVII—INCREASED MONITOR-
ING 
OF 
PRODUCTS 
MADE 
WITH 
FORCED LABOR 
Sec. 3701. Authorization for additional Customs personnel to monitor the importa-
tion of products made with forced labor. 
Sec. 3702. Reporting requirement on forced labor products destined for the United 
States market. 
Sec. 3703. Renegotiating memoranda of understanding on forced labor. 
SEC. 3701. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL 
TO MONITOR THE IMPORTATION OF PRODUCTS MADE 
WITH FORCED LABOR. 
There are authorized to be appropriated for monitoring by 
the United States Customs Service of the importation into the 
United States of products made with forced labor, the importation 
of which violates section 307 of the Tariff Act of 1930 or section 
1761 of title 18, United States Code, $2,000,000 for fiscal year 
1999. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2275 
SEC. 3702. REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS 
19 USC 1307 
DESTINED FOR THE UNITED STATES MARKET. 
note. 
(a) REPORT TO CONGRESS.—Not later than 1 year after the 
date of the enactment of this Act, the Commissioner of Customs 
shall prepare and transmit to the Congress a report on products 
made with forced labor that are destined for the United States 
market. 
(b) CONTENTS OF REPORT.—^The report under subsection (a) 
shall include information concerning the following: 
(1) The extent of the use of forced labor in manufacturing 
products destined for the United States market. 
(2) The volume of products made with forced labor, destined 
for the United States market, that is in violation of section 
307 of the Tariff Act of 1930 or section 1761 of title 18, United 
States Code, and is seized by the United States Customs Serv-
ice. 
(3) The progress of the United States Customs Service 
in identifying and interdicting products made with forced labor 
that are destined for the United States market. 
SEC. 3703. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON 
FORCED LABOR. 
It is the sense of Congress that the President should determine 
whether any country with which the United States has a memoran-
dum of understanding with respect to reciprocal trade which 
involves goods made with forced labor is frustrating implementation 
of the memorandum. Should an affirmative determination be made, 
the President should immediately commence negotiations to replace 
the current memorandum of understanding with one providing for 
effective procedures for the monitoring of forced labor, including 
improved procedures to request investigations by international mon-
itors of worksites suspected to be in violation of any such memoran-
dum. 
• 
Fair Trade in 
Automotive Parts 
Act of 1998. 
TITLE XXXVIII—FAIR TRADE IN 
AUTOMOTIVE PARTS 
Sec. 3801. Short title. 
Sec. 3802. Definitions. 
Sec. 3803. Re-establishment of initiative on automotive parts sales to Japan. 
Sec. 3804. Establishment of Special Advisory Committcie on automotive parts sales 
in Japanese and other Asian markets. 
Sec. 3805. Expiration date. 
SEC. 380L SHORT TITLE. 
15 USC 4701 
This title may be cited as the "Fair Trade in Automotive Parts 
Act of 1998". 
SEC. 3802. DEFINITIONS. 
15 USC 4705. 
In this title: 
(1) JAPANESE MARKETS.—^The term "Japanese markets" 
refers to markets, including markets in the United States and 
Japan, where automotive parts and accessories, both original 
equipment and aftermarket, are purchased for use in the manu-
facture or repair of Japanese automobiles. 
(2) JAPANESE AND OTHER ASIAN MARICETS.—^The term "Japa-
nese and other Asian markets" refers to markets, including 
markets in the United States, Japan, and other Asian countries, 
112 STAT. 2276 
PUBLIC LAW 105-261—OCT. 17, 1998 
15 use 4705a. 
15 use 4705b. 
Reports. 
where automotive parts and accessories, both original equip-
ment and aftermarket, are purchased for use in the manufac-
ture or repair of Japanese, United States, or other Asian auto-
mobiles. 
SEC. 3803. RE-ESTABLISHMENT OF INITIATIVE ON AUTOMOTIVE PARTS 
SALES TO JAPAN. 
(a) IN GENERAL.—^The Secretary of Commerce shall re-establish 
the initiative to increase the sale of United States-made automotive 
parts and accessories to Japanese markets. 
(b) FUNCTIONS.—In carrying out this section, the Secretary 
shall— 
(1) foster increased access for United States-made auto-
motive parts and accessories to Japanese companies, including 
specific consultations on access to Japanese markets; 
(2) facilitate the exchange of information between United 
States automotive parts manufacturers and the Japanese auto-
mobile industry; 
(3) collect data and market information on the Japanese 
automotive industry regarding needs, trends, and procurement 
practices, including the types, volume, and frequency of parts 
sales to Japanese automobile manufacturers; 
(4) establish contacts with Japanese automobile manufac-
turers in order to facilitate contact between United States 
automotive parts manufacturers and Japanese automobile 
manufacturers; 
(5) report on and attempt to resolve disputes, policies, 
or practices, whether public or private, that result in barriers 
to increased commerce between United States automotive parts 
manufacturers and Japanese automobile manufacturers; 
(6) take actions to initiate periodic consultations with offi-
cials of the Government of Japan regarding sales of United 
States-made automotive parts in Japanese markets; and 
(7) transmit to Congress the annual report prepared by 
the Special Advisory Committee under section 3804(c)(5). 
SEC. 3804. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON 
AUTOMOTIVE PARTS SALES IN JAPANESE AND OTHER 
ASIAN MARKETS. 
(a) IN GENERAL.—^The Secretary of Commerce shall seek the 
advice of the United States automotive parts industry in carrying 
out this title. 
(b) ESTABLISHMENT OF COMMITTEE.—^The Secretary of Com-
merce shall establish a Special Advisory Committee for purposes 
of carrjdng out this title. 
(c) FuNeTiONS.—The Special Advisory Committee established 
under subsection (b) shall— 
(1) report to the Secretary of Commerce on barriers to 
sales of United States-made automotive parts and accessories 
in Japanese and other Asian markets; 
(2) review and consider data collected on sales of United 
States-made automotive parts and accessories in Japanese and 
other Asian markets; 
(3) advise the Secretary of Commerce during consultations 
with other governments on issues concerning sales of United 
States-made automotive parts in Japanese and other Asian 
markets; 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2277 
(4) assist in establishing priorities for the initiative estab-
Hshed under section 3803, and otherwise provide assistance 
and direction to the Secretary of Commerce in carrying out 
the intent of that section; and 
(5) assist the Secretary in reporting to Congress by submit-
ting an annual written report to the Secretary on the sale 
of United States-made automotive parts in Japanese and other 
Asian markets, as well as any other issues with respect to 
which the Committee provides advice pursuant to this title, 
(d) AUTHORITY.—The Secretary of Commerce shall draw on 
existing budget authority in carrying out this title. 
SEC. 3805. EXPIRATION DATE. 
The authority under this title shall expire on December 31, 
2003. 
15 u s e 4705c. 
TITLE XXXIX—RADIO FREE ASIA 
Sec. 3901. Short title. 
Sec. 3902. Authorization of appropriations for increased funding for Radio Free Asia 
and Voice of America broadcasting to China. 
Sec. 3903. Reporting requirement. 
SEC. 3901. SHORT TITLE. 
This title may be cited as the "Radio Free Asia Act of 1998". 
SEC. 
3902. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED 
FUNDING FOR RADIO FREE ASIA iWD VOICE OF AMERICA 
BROADCASTING TO CHINA. 
(a) AUTHORIZATION OF APPROPRIATIONS FOR RADIO FREE ASIA.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for "Radio Free Asia" $22,000,000 for 
fiscal year 1999. 
(2) SENSE OF CONGRESS.—It is the sense of Congress that 
a significant amount of the funds under paragraph (1) should 
be directed toward broadcasting to China and Tibet in the 
appropriate languages and dialects. 
(b) 
AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
BROADCASTING TO CHINA.—In addition to such sums as are other-
wise authorized to be appropriated to the United States Information 
Agency for "International Broadcasting Activities" for fiscal year 
1999, there are authorized to be appropriated for "International 
Broadcasting Activities" $3,000,000 for fiscal year 1999, which shall 
be available only for enhanced Voice of America broadcasting to 
China. 
(c) AtJTHORIZATION OF APPROPRIATIONS FOR RADIO CONSTRUCT-
TION.—In addition to such sums as are otherwise authorized to 
be appropriated for "Radio Construction" for fiscal year 1999, there 
are authorized to be appropriated for "Radio 
Construction" 
$2,000,000 for fiscal year 1999, which shall be available only for 
construction in support of enhanced broadcasting to China, includ-
ing the timely augmentation of transmitters at Tinian, the Common-
wealth of the Northern Mariana Islands. 
Radio Free Asia 
Act of 1998. 
112 STAT. 2278 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 3903. REPORTING REQUIREMENT. 
(a) REPORT.—^Not later than 90 days after the date of the 
enactment of this Act, the Broadcasting Board of Grovernors shall 
prepare and submit to the appropriate congressional committees 
an assessment of the board's efforts to increase broadcasting by 
Radio Free Asia and Voice of America to China and Tibet. This 
report shall include an analysis of Chinese government control 
of the media, the ability of independent journalists and news 
organizations to operate in China, and the results of any research 
conducted to quantify listenership. 
(b) DEFINITION.—^As used in this section, the term "appropriate 
congressional committees" means— 
(1) the Committee on Foreign Relations and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on International Relations and the 
Committee on Appropriations of the House of Representatives. 
Approved October 17, 1998. 
LEGISLATIVE HISTORY—H.R. 3616 (S. 2057): 
HOUSE REPORTS: Nos. 105-532 (Comm. on National Security) and 105-736 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 19-21, considered and passed House. 
June 25, considered and passed Senate, amended, in lieu of S. 2057. 
Sept. 24, House agreed to conference report. 
Sept. 30, Oct. 1, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 17, Presidential statement. 
PUBLIC LAW 105-261—OCT. 17, 1998 
112 STAT. 2277 
(4) assist in establishing priorities for the initiative estab-
Hshed under section 3803, and otherwise provide assistance 
and direction to the Secretary of Commerce in carrying out 
the intent of that section; and 
(5) assist the Secretary in reporting to Congress by submit-
ting an annual written report to the Secretary on the sale 
of United States-made automotive parts in Japanese and other 
Asian markets, as well as any other issues with respect to 
which the Committee provides advice pursuant to this title, 
(d) AUTHORITY.—The Secretary of Commerce shall draw on 
existing budget authority in carrying out this title. 
SEC. 3805. EXPIRATION DATE. 
The authority under this title shall expire on December 31, 
2003. 
15 u s e 4705c. 
TITLE XXXIX—RADIO FREE ASIA 
Sec. 3901. Short title. 
Sec. 3902. Authorization of appropriations for increased funding for Radio Free Asia 
and Voice of America broadcasting to China. 
Sec. 3903. Reporting requirement. 
SEC. 3901. SHORT TITLE. 
This title may be cited as the "Radio Free Asia Act of 1998". 
SEC. 
3902. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED 
FUNDING FOR RADIO FREE ASIA iWD VOICE OF AMERICA 
BROADCASTING TO CHINA. 
(a) AUTHORIZATION OF APPROPRIATIONS FOR RADIO FREE ASIA.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for "Radio Free Asia" $22,000,000 for 
fiscal year 1999. 
(2) SENSE OF CONGRESS.—It is the sense of Congress that 
a significant amount of the funds under paragraph (1) should 
be directed toward broadcasting to China and Tibet in the 
appropriate languages and dialects. 
(b) 
AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
BROADCASTING TO CHINA.—In addition to such sums as are other-
wise authorized to be appropriated to the United States Information 
Agency for "International Broadcasting Activities" for fiscal year 
1999, there are authorized to be appropriated for "International 
Broadcasting Activities" $3,000,000 for fiscal year 1999, which shall 
be available only for enhanced Voice of America broadcasting to 
China. 
(c) AtJTHORIZATION OF APPROPRIATIONS FOR RADIO CONSTRUCT-
TION.—In addition to such sums as are otherwise authorized to 
be appropriated for "Radio Construction" for fiscal year 1999, there 
are authorized to be appropriated for "Radio 
Construction" 
$2,000,000 for fiscal year 1999, which shall be available only for 
construction in support of enhanced broadcasting to China, includ-
ing the timely augmentation of transmitters at Tinian, the Common-
wealth of the Northern Mariana Islands. 
Radio Free Asia 
Act of 1998. 
112 STAT. 2278 
PUBLIC LAW 105-261—OCT. 17, 1998 
SEC. 3903. REPORTING REQUIREMENT. 
(a) REPORT.—^Not later than 90 days after the date of the 
enactment of this Act, the Broadcasting Board of Grovernors shall 
prepare and submit to the appropriate congressional committees 
an assessment of the board's efforts to increase broadcasting by 
Radio Free Asia and Voice of America to China and Tibet. This 
report shall include an analysis of Chinese government control 
of the media, the ability of independent journalists and news 
organizations to operate in China, and the results of any research 
conducted to quantify listenership. 
(b) DEFINITION.—^As used in this section, the term "appropriate 
congressional committees" means— 
(1) the Committee on Foreign Relations and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on International Relations and the 
Committee on Appropriations of the House of Representatives. 
Approved October 17, 1998. 
LEGISLATIVE HISTORY—H.R. 3616 (S. 2057): 
HOUSE REPORTS: Nos. 105-532 (Comm. on National Security) and 105-736 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 19-21, considered and passed House. 
June 25, considered and passed Senate, amended, in lieu of S. 2057. 
Sept. 24, House agreed to conference report. 
Sept. 30, Oct. 1, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 17, Presidential statement. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2279 
Public Law 105-262 
105th Congress 
An Act 
Making appropriations for the Department of Defense for the fiscal year ending 
Oct. 17, 1998 
September 30,1999, and for other purposes. 
[H.R. 4103] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, That the Department of 
following sums are appropriated, out of any money in the Treasury Defense 
not otherwise appropriated, for the fiscal year ending September 
^cfTg^^*^""^ 
30, 1999, for military functions administered by the Department 
of Defense, and for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing,, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fund; $20,841,687,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense MiUtary Retirement Fund; $ 16,570,754,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
59-194 O - 98 - 15: QL 3 Part 3 
112 STAT. 2280 
PUBLIC LAW 105-262—OCT. 17, 1998 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retire-
ment Fund; $6,263,387,000. 
MILITARY PERSOIWEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel (includ-
ing all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), and to the Department 
of Defense Military Retirement Fimd; $ 17,211,987,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
duty under sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) 
of title 10, United States Code, in connection with performing 
duty specified in section 12310(a) of title 10, United States Code, 
or while undergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fimd; $2,167,052,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and 
for payments to the Department of Defense Military Retirement 
Fund; $1,426,663,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 
10, United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2281 
duty, and for members of the Marine Corps platoon leaders class, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund; $406,616,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
Euid related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, 
United States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with perform-
ing duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members of the 
Air Reserve Officers' Training Corps, and exp>enses authorized by 
section 16131 of title 10, United States Code; and for payments 
to 
the 
Department 
of Defense 
Military 
Retirement 
Fund; 
$852,324,000. 
NATIONAL GUARD PERSONNEL, ^^RMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing^ drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for pajonents to the Department 
of Defense Military Retirement Fund; $3,489,987,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or whiile serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with perfonning duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund; $1,377,109,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ;\RMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
112 STAT. 2282 
PUBLIC LAW 105-262—OCT. 17, 1998 
and not to exceed $11,437,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and pa3anents may be made on 
his certificate of necessity for confidential military purposes; 
$17,185,623,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund: 
Provided, That of the funds appropriated in this paragraph, not 
less than $355,000,000 shall be made available only for conventional 
ammunition care and maintenance. 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $5,360,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes; $21,872,399,000 and, in addition, $50,000,000 
shall be derived by transfer from the National Defense Stockpile 
Transaction Fund. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law; $2,578,718,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $7,968,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes; 
$19,021,045,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law; $10,914,076,000, of which not to exceed $25,000,000 
may be available for the CINC initiative fund account; and of 
which not to exceed $29,000,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of Defense, and payments may be made on his 
certificate of necessity for confidential military purposes: Provided, 
That of the fiinds appropriated under this heading, $10,000,000 
shall be made available only for use in federally owned educational 
facilities located on military installations for the purpose of trgmsfer-
ring title of such facilities to the local educational facilities. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2283 
OPERATION AND MAINTENANCE, ABMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,202,622,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $957,239,000. 
OPERATION AND MAINTENANCE, MARINIS CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Resei-ve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications; $117,893,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications; $1,747,696,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment 
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger 
motor vehicles; personnel services in the National Guard Bureau; 
travel expenses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying 
and equipping the Army National Guard as authorized by law; 
and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft); $2,678,015,000: Pro-
vided,ThB.i not later than March 15, 1999, the Director of the Deadline 
Army National Guard shall provide a report to the congressional Reports, 
defense committees identifying the allocation, by installation and 
activity, of all base operations funds appropriated under this head-
ing. 
112 STAT. 2284 
PUBLIC LAW 105-262—OCT. 17, 1998 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, 
including medical and hospital treatment and related expenses 
in non-Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Mr National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things, Mre of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National Guard; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the same basis as authorized 
by law for Air National Guard personnel on active Federal duty, 
for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally 
authorized 
by the Chief, 
National 
Guard 
Bureau; 
$3,106,933,000. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses directly relating to Overseas Contingency Oper-
ations by United States military forces; $439,400,000, to remain 
available until expended: Provided, That the Secretary of Defense 
may transfer these funds only to operation and maintenance 
accounts within this title, and to 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 transferred: Provided further, That 
the transfer authority provided in this paragraph is in addition 
to any other transfer authority contained elsewhere in this Act. 
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES 
For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces; $7,324,000, of which not 
to exceed $2,500 can be used for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $370,640,000, to remain 
available until transferred: Provided, That the Secretary of the 
Aimy shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Army, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further. That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further. That not more than 25 per centum of funds 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2285 
provided under this heading may be obhgated for environmental 
remediation by the Corps of Engineers under total environmental 
remediation contracts. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FliTNDS) 
For the Department of the Navy, $274,600,000, to remain avail-
able until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the 
Navy, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of the Navy, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further. 
That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, 
such amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, Am FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $372,100,000, to remain 
available until transferred: Provided, That the Secretary of the 
Air Force shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Air Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with and 
to be available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further. That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary foi' the purposes provided 
herein, such amounts may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $26,091,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of 
Defense, or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made available to 
the Department of Defense, to be merged with and to be available 
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further. That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, 
such amounts may be transferred back to this appropriation. 
112 STAT. 2286 
PUBLIC LAW 105-262—OCT. 17, 1998 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $225,000,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris at sites formerly 
used by the Department of Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be 
available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Department of Defense (consisting 
of the programs provided under sections 401, 402, 404, 2547, and 
2551 of title 10, United States Code); $50,000,000, to remain avail-
able until September 30, 2000. 
FORMER SOVIET UNION THREAT REDUCTION 
For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitat-
ing the elimination and the safe and secure transportation and 
storage of nuclear, chemical, and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military person-
nel for demilitarization and protection of weapons, weapons compo-
nents, and weapons technology and expertise; $440,400,000, to 
remain available until September 30, 2001: Provided, That of the 
amounts provided under this heading, $35,000,000 shall be avail-
able only to support the dismantling and disposal of nuclear sub-
marines and submarine reactor components in the Russian Far 
East. 
QUALITY OF LIFE ENHANCEMENTS, DEFENSE 
For expenses, not otherwise provided for, resulting from 
unfunded shortfalls in the repair and maintenance of real property 
of the Department of Defense (including military housing and bar-
racks); $455,000,000, for the maintenance of real property of the 
Department of Defense (including minor construction and mayor 
maintenance and repair), which shall remain available for obligation 
until September 30, 2000, as follows: 
Army, $ 137,000,000; 
Navy, $121,000,000; 
Marine Corps, $27,000,000; 
Air Force, $108,000,000; 
Army Reserve, $26,000,000; 
Navy Reserve, $12,400,000; 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2287 
Marine Corps Reserve, $7,600,000; 
Air Force Reserve, $6,000,000; and 
Air National Guard, $10,000,000. 
PENTAGON RENOVATION TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, resulting from the 
Department of Defense renovation of the Pentagon Iteservation, 
$279,820,000 shall be derived by transfer from the Operation and 
Maintenance accounts in this Act, for renovation of the Pentagon 
Reservation, which shall remain available for obligation until 
September 30, 2000, as follows: 
Army, $96,000,000; 
Navy, $32,087,000; 
Marine Corps, $9,513,000; 
Air Force, $52,200,000; and 
Defense-Wide, $90,020,000. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation of equipment, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Grovernment and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,388,268,000, to 
remain available for obligation until September 30,2001. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation of equipment, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,226,335,000, to 
remain available for obligation until September 30, 2001. 
112 STAT. 2288 
PUBLIC LAW 105-262—OCT. 17, 1998 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Grovemment and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $1,548,340,000, to remain available for obliga-
tion until September 30, 2001. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation 
of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,065,955,000, to 
remain available for obligation until September 30, 2001. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of not to exceed 37 passenger motor vehicles 
for replacement only; and the purchase of 54 vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $230,000 per 
vehicle; communications and electronic equipment; other support 
equipment; spare parts, ordnance, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $3,339,486,000, to 
remain available for obligation until September 30, 2001. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2289 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway; 
$7,541,709,000, to remain available for obligation until September 
30, 2001. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway; 
$1,211,419,000, to remain available for obligation until September 
30, 2001. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plsints, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plsint and 
Grovemment and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $484,203,000, to 
remain available for obligation until September 30, 2001. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
GfOvemment and contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
NSSN, $1,498,165,000; 
N S S N (AP), $504,736,000; 
CVN-77 (AP), $124,515,000; 
C V N Refuelings (AP), $274,980,000; 
DDG-51 destroyer program, $2,667,078,000; 
DDG-51 destroyer program (AP), $7,396,000; 
LPD-17 amphibious transport dock ship, $638,780,000; 
LHD-8 (AP), $45,000,000; 
Oceanographic ship program, $60,341,000; 
LCAC landing craft air cushion program, $16,000,000; and 
112 STAT. 2290 
PUBLIC LAW 105-262—OCT. 17, 1998 
For craft, outfitting, post delivery, conversions, and first 
destination transportation, $198,761,000; 
In all: $6,035,752,000, to remain available for obligation until 
September 30, 2003: Provided, That additional obligations may 
be incurred after September 30, 2003, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided further. 
That none of the funds provided under this heading for the construc-
tion or conversion of any naval vessel to be constructed in shipyards 
in the United States shall be expended in foreign facilities for 
the construction of major components of such vessel: Provided fur-
ther. That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
equipment and materials not otherwise provided for. Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of not to exceed 246 passenger motor 
vehicles for replacement only; and the purchase of 1 vehicle required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $225,000 per 
vehicle; lease of passenger motor vehicles; expansion of public and 
private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $4,072,662,000, to remain available for 
obligation until September 30, 2001. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Grovemment and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of not to exceed 37 passenger motor vehicles for replacement only; 
and expansion of public and private plants, including land necessary 
therefor, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; 
$874,216,000, to remain avedlable for obligation until September 
30,200L 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to approval 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2291 
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessar,^ for the foregoing pur-
poses including rents and transportation of things; $8,095,507,000, 
to remain available for obligation until September 30, 2001. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling ecjuipment, and training 
devices; expansion of public and private plants, Grovemment-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things; $2,069,827,000, to remain available for 
obligation until September 30, 2001. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and piivate plants, including 
ammunition facilities authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $379,425,000, to 
remain available for obligation until September 30, 2001. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
not to exceed 267 passenger motor vehicles for replacement only; 
the purchase of 1 vehicle required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles 
but not to exceed $240,000 per vehicle; lease of passenger motor 
vehicles; and expansion of public and private plants. Government-
owned equipment and installation thereof in such plants, erection 
of structures, and acquisition of land, for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon, prior to approval of title; reserve 
plant and Grovemment and contractor-owned equipment layaway; 
$6,960,483,000, to remain available for obligation until September 
30, 2001. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military depar1:ments) necessary for 
112 STAT. 2292 
PUBLIC LAW 105-262—OCT. 17, 1998 
Deadlines. 
Reports. 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the purchase of not to exceed 346 passenger motor vehicles for 
replacement only; the purchase of 4 vehicles required for physical 
security of personnel, notwithstanding price limitations applicable 
to passenger vehicles but not to exceed $165,000 per vehicle; expan-
sion of public and private plants, equipment, and installation 
thereof in such plants, erection of structures, and acquisition of 
land for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Grovemment and contractor-
owned equipment layaway; $1,944,833,000, to remain available for 
obligation until September 30,2001. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $352,000,000, to remain available 
for obligation until September 30, 2001: Provided, That the Chiefs 
of the Reserve and National Guard components shall, not later 
than 30 days after the enactment of this Act, individually submit 
to the congressional defense committees the modernization priority 
assessment for their respective Reserve or National Guard compo-
nent. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$5,031,788,000, to remain available for obligation until September 
30, 2000: Provided, That of the funds made available under this 
heading, $15,000,000 shall be available only to commence in fiscal 
year 1999 a live fire, side-by-side operationgd test and evaluation 
of the air-to-air Starstreak and air-to-air Stinger missiles fired 
Certification. 
from the AH-64D Apache helicopter: Provided further. That in 
conjunction with the development of a test plan, the Secretary 
of the Army shall certify the following, in writing, to the congres-
sional defense committees: 
(1) Engagement tests can be safely conducted with both 
Starstreak and Stinger missiles from the AH-64D helicopter 
at air speeds consistent with the normal operating limits of 
that aircraft; 
(2) The Starstreak missiles utilized in the test will be 
provided at no cost to the United States Government; 
(3) None of the $15,000,000 provided will be used to develop 
modifications to the Starstreak or the Stinger missiles; and 
(4) Both the Starstreak and Stinger missiles can be fired 
from the AH-64D aircraft consistent with the survivability 
of the aircraft and missile performance standards contained 
in the Army's Air-to-Air Missile Capability Need Statement 
approved by the Department of the Army in January 1997. 
PUBLIC LAW 105-262--OCT. 17, 1998 
112 STAT. 2293 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$8,636,649,000, to remain available for obligation until September 
30, 2000: Provided, That funds appropriated in this paragraph 
which are available for the V-22 may be used to meet unique 
requirements of the Special Operation Forces: Provided 
further, 
That notwithstanding 10 U.S.C. 2366, none of the funds made 
available under this heading may be used to conduct system-level 
live-fire shock tests on the SSN-21 class of submarines unless 
the Commander-in-Chief of the United States Atlantic Command 
certifies in writing to the congressional defense committees that 
such testing must be conducted to meet operational requirements 
for those submarines. 
RESEARCH, DEVELOPMENT, TEST AND EVAJLUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$13,758,811,000, to remain available for obligation until September 
30,2000. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientiHc research, development, test and evaluation; 
advanced research projects as may be desi^n^ated and determined 
by the Secretary of Defense, pursuant to law; maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$9,036,551,000, to remain available for obligation until September 
30, 2000: Provided, That not less than $310,446,000 of the funds 
made available under this heading shall be made available only 
for the Sea-Based Wide Area Defense (Navj^ Upper-Tier) program: 
Provided further. 
That funding for the Sea-Based Wide Area 
Defense (Navy Upper-Tier) program in this or any other Act shall 
be used for research, development and deplojnment including, but 
not limited to, continuing ongoing risk reduction activities, initiating 
system engineering for an initial Block I capability, and deplo3nnent 
at 
the 
earliest 
feasible 
time 
following 
Aegis 
Lightweight 
Exoatmospheric Projectile (LEAP) intercept flight tests. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activi-
ties of the Director, Test and Evaluation in the direction and 
supervision of developmental test and evaluation, 
including 
performance and joint developmental testing and evaluation; and 
administrative expenses in connection therewith; $258,606,000, to 
remain available for obligation until September 30, 2000. 
112 STAT. 2294 
PUBLIC LAW 105-262—OCT. 17, 1998 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith; $34,245,000, to remain available for obligation 
until September 30, 2000. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For the Defense Working Capital Funds; $94,500,000. 
NATIONAL DEFENSE SEALIFT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, 
as established by section 11 of the Merchant Ship Sales Act of 
1946 (50 U.S.C. App. 1744); $708,366,000, to remain available until 
expended: Provided, That none of the funds provided in this para-
graph 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, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard cranes: Pro-
vided further. That the exercise of an option in a contract awarded 
through the obligation of previously appropriated funds shall not 
be considered to be the award of a new contract: Provided 
further. 
That notwithstanding any other provision of law, of the funds 
available under this heading, $28,800,000 shall be transferred to 
"Alteration of Bridges": Provided further. That the Secretary of 
the military department responsible for such procurement may 
waive the restrictions in the first proviso on a case-by-case basis 
by certi5^ng in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that adequate domes-
tic 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 pur-
poses. 
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; $ 10,149,872,000, of which $9,727,985,000 shall be for Operation 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2295 
and maintenance, of which not to exceed 2 per centum shall remain 
available until September 30, 2000, of which $402,387,000, to 
remain available for obligation until September 30, 2001, shall 
be for Procurement, and of which $19,500,000, to remain available 
for obligation until September 30, 2000, shall be for Research, 
development, test and evaluation: Provided, That of the amounts 
made available under this heading for Operation and maintenance, 
not less than $25,000,000 shall be only for breast cancer treatment 
and access to care. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization 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 available until Septem-
ber 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-island leave program: Provided further. 
That the Secretaries concerned shall, pursuant to uniform regula-
tions, prescribe travel and tremsportation allowances for travel by 
participants in the off-island leave program. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUIS^DS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for Operation and maintenance; for Procurement; and 
for Research, development, test and evaluation; $735,582,000: Pro-
vided, That the funds appropriated imder this heading shall be 
available for obligation for the same time period and for the same 
purpose as the appropriation to which transfeiTed: Provided further, 
That the transfer authority provided in this paragraph is in addition 
to any transfer authority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral in canying 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 military purposes; and of which $1,300,000, to remain 
available until September 30, 2001, shall be for Procurement. 
112 STAT. 2296 
PUBLIC LAW 105-262—OCT. 17, 1998 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $201,500,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Intelligence Community Manage-
ment Account; $129,123,000, of which $30,290,000 for the Advanced 
Research and Development Committee 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 Justice for the National Drug Intelligence Center to support 
the Department of Defense's counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall 
remain available until September 30, 2001, and $3,000,000 for 
Research, development, test and evaluation 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, Remediation, 
and Environmental Restoration Fund, as authorized by law; 
$25,000,000, to remain available until expended. 
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 Education 
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 purposes not author-
ized by the Congress. 
10 use 1584 
SEC. 8002. During the current fiscal year, provisions of law 
note. 
prohibiting the payment of compensation to, or emplo3nnent 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 indirect 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 employees of the Department of Defense whose 
pay is computed 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 employees. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2297 
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 national employees of the Despartment of Defense 
in the Republic 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 appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 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 iSecretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $1,650,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in tliis Act to the Depart-
ment of Defense for military functions (except military construction) 
between such appropriations or funds or an}^ subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
£md in no case where the item for which funds are requested 
has been denied by Congress: Provided further. That the Secretary 
Notification. 
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, U][iless for higher prior-
ity items, based on imforeseen military requirements, than those 
for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the 
Congress. 
(TRANSFER OF FUNDS) 
SEC. 8006, During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
E
ursuant to section 2208 of title 10, United States Code, may 
e 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 between such fiinds: Provided 
further, 
That transfers may be made between working capital fiinds and 
the "Foreign Currency Fluctuations, Defense" appropriation and 
the "Operation 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 Secretary of Defense 
has notified the Congress of the proposed transfer. Except in 
112 STAT. 2298 
PUBLIC LAW 105-262—OCT. 17, 1998 
10 use 2306b 
note. 
10 use 401 note. 
Reports. 
Territories. 
amounts equal to the amounts appropriated 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, unless 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 employs economic 
order quantity procurement in excess of $20,000,000 in any 1 year 
of the contract or that includes 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 quan-
tity procurement in excess of $20,000,000 in any 1 year, unless 
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 quan-
tity advance procurement is not funded at least to the limits of 
the Government's liability: Provided further. That no part of any 
appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component 
thereof if the value of the multiyear contract would exceed 
$500,000,000 unless specifically provided in this Act: Provided fur-
ther. 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 deter-
mine 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 
Medium Tactical Vehicle Replacement (MTVR). 
SEC. 8009. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated 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 assistance 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 reported to Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance shall 
be available for providing humanitarian and similar assistance 
by using Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursuant to 
the Compact of Free Association as authorized 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 provision 
of medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2299 
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 managed 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 Department Budget, 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2000 Department 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 Columbia, 125,000 civilian 
workyears: Provided, That workyears shall be applied as defined 
in the Federal Personnel Manual: Provided fiirther. That workyears 
expended in dependent 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 influence congressional 
action on any legislation or appropriation 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 fiiture benefits 
under section 3015(c) of title 38, United States Code, for any mem-
ber of the armed services who, on or after the date of the 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 nonmal cost of such future 
benefits be transferred from the Fund by the Secretary of the 
Treasury to the Secretary of Veterans Afifaiirs 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 member covered by clause (1), these limitations 
shall not apply to members in combat arms skills or to members 
who enlist in the armed services on or after July 1, 1989, under 
a program continued or established by the Secretary of Defense 
in fiscal year 1991 to test the cost-effective use of special recruiting 
incentives involving not more than nineteen noncombat arms skills 
approved in advance by the Secretary of Defense: Provided further, 
Applicability. 
That this subsection applies only to active components of the Army, 
(b) None of the funds appropriated by thjis Act shall be available 
for the basic pay and allowances of any member 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 
112 STAT. 2300 
PUBLIC LAW 105-262—OCT. 17, 1998 
Applicability. 
Certification. 
is credited toward completion of a service commitment: Provided, 
That this subsection shall not apply to those members who have 
reenlisted with this option prior to October 1, 1987: Provided fur-
ther, That this subsection applies only to active components 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 the enactment of this Act, is performed by more than ten Depart-
ment of Defense civilian employees until a most efficient and cost-
eflfective organization analysis is completed on such activity or 
function and certification of the analysis is made to the Committees 
on Appropriations of the House of Representatives and the Senate: 
Provided, That this section and subsections (a), (b), and (c) of 
10 U.S.C, 2461 shall not apply to a commercial or industrial type 
function of the Department of Defense that: (1) is included on 
the procurement list established pursuant 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 
accordance with that Act; or (3) is planned to be converted to 
performance by a qualified firm under 51 per centum Native Amer-
ican ownership. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Hlot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 10 U.S.C. 2301 note), as amended, under the author-
ity of this provision or any other transfer authority contained in 
this Act. 
SEC. 8016. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and 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 compo-
nents of anchor and mooring chain ishall be considered to be pro-
duced 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 manufac-
tured outside the United States: Provided further. That when ade-
quate 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 restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2301 
Regulations. 
10 use 2687 
note. 
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 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 professional having an economic interest in the 
facility to which the patient is referred: Provided, That this limita-
tion does not apply in the case of inpatient mental health services 
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 pursuant to a waiver authorized 
by the Secretary of Defense because of medical or psychological 
circumstances of the patient that are confirmed by a health profes-
sional who is not a Federal employee after- a review, pursuant 
to rules prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of services 
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 prescribe. 
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 mem-
ber states a separate account into which such residual value 
amounts negotiated in the return of United States military installa-
tions 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 utilized 
only for the construction of facilities to support United States mili-
tary forces in that host nation, or such real property maintenance 
and base operating costs that are currently executed through mone-
tary transfers to such host nations: 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 
operating costs that shall be funded by the host nation through 
such credits: Provided further, 
That all military construction 
projects to be executed from such accounts must be previously 
approved in a prior Act of Congress: Provided further. That each Reports, 
such executive agreement with a NATO member host nation shall 
be reported to the congressional defense committees, the Committee 
on International Relations of the House of Representatives and 
the Committee 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 Department 
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 p£iid to any person under 
section 308 of title 37, United States Code, in a lump sum. 
112 STAT. 2302 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8022. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, activity 
or function of the Department of Defense into or within the National 
Capital Region: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certif3dng in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8023. 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 between 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 loca-
tions): Provided, 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. 
SEC. 8024. (a) In addition to the funds provided elsewhere 
in this Act, $8,000,000 is appropriated only for incentive pa3mrients 
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 Appropriations 
111 Stat. 1225. 
Act (Public Law 105-56) is amended by striking out "That these 
payments" and all that follows through ''Provided further,". 
SEC. 8025. During the current ftscal year, funds appropriated 
or otherwise available for any Federal agency, the Congress, the 
judicial branch, or the District of Columbia 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 tem-
porary indefinite, 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 described in section 101 of 
title 32, United States Code; 
(2) performs, for the purpose of providing military 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 Commonwealth 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 otherwise entitled to such annual leave: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2303 
Provided, That any employee who requests leave under subsection 
(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, United States 
Code. 
SEC. 8026. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions 
of 0MB 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-function activity. 
SEC. 8027. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8028. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust v/age rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8029. 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 Squadron of the Air Force 
Reserve, if such action would reduce the WC-130 Weather Recon-
naissance mission below the levels funded in tliis Act. 
SEC. 8030. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act, qualified nonprofit agencies 
for the blind or other severely handicapped shall be afforded the 
maximum practicable opportunity to participate as subcontractors 
and suppliers in the performsmce 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 sub-
contracting plan for the participation by smiall business concerns 
pursuant to section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) shall be given credit toward 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 "qualified non-
profit agency for the blind or other severely handicapped" means 
a nonprofit agency for the blind or other severely handicapped 
that has been approved by the Committee for the Purchase from 
the Blind and Other Severely Handicapped under the Javits-Wag-
ner-O'Day Act (41 U.S.C. 46-48). 
SEC. 8031. 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. 
SEC. 8032. During the current fiscal year, the Department 
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 Kuwait, under tliat section: Provided, 
That upon receipt, such contributions from the Government of 
Kuwait shall be credited to the appropriations or fund which 
incurred such obligations. 
112 STAT. 2304 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8033. Of the funds made available in this Act, not less 
than $28,300,000 shall be available for the Civil Air Patrol Corpora-
tion, of which $23,497,000 shall be available for Civil Air Patrol 
Corporation operation and maintenance to support readiness activi-
ties which includes $3,800,000 for the Civil Air Patrol counterdrug 
program: Provided, That funds identified for "Civil Air Patrol" under 
this section Eire intended for and shall be for the exclusive use 
of the Civil Air Patrol Corporation and not for the Air Force or 
any imit thereof. 
SEC. 8034. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (depart-
ment) 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 mem-
bership corporation consisting 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 Committee, or any similar entity of a defense 
FFRDC, and no paid consultant to any defense FFRDC, except 
when acting 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 expenses and per diem as author-
ized 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 
pa3anent of cost sharing for projects funded by government grants, 
for absorption of contract overruns, or for certain charitable con-
tributions, not to include employee participation in community serv-
ice 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 subsection, not more than 1,105 staff years 
may be funded for the defense studies and analysis FFRDCs. 
Deadline. 
(e) Within 60 da3rs after the enactment of this Act, the Secretary 
Reports. 
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 5 per centum of an FFRDCs staff years 
among other defense FFRDCs until 30 days after a detailed jus-
tification for any such reallocation is submitted to the congressional 
defense committees. 
Reports. 
(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 during that fiscal year. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2305 
(g) Notwithstanding any other provision of law, the Secretary 
of Defense shall control the total number of staff years to be 
performed by defense FFRDCs during fiscal year 1999 so as to 
reduce the total amounts appropriated in titles II, III, and IV 
of this Act by $62,000,000: Provided, That the total amounts appro-
priated in titles II, III, and IV of this Act are hereby reduced 
by $62,000,000 to reflect savings from the use of defense FFRDCs 
by the department. 
(h) Notwithstanding any other provision of law, none of the 
reductions for advisory and assistance services contained in this 
Act shall be applied to defense FFRDCs. 
SEC. 8035. None of the funds appropriatsd or made available 
in this Act shall be used to procure carbon, alloy or armor steel 
plate for use in any Government-owned facility or property under 
the control of the Department of Defense wliich 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, Americsin 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 Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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 the enactment of this Act. 
SEC. 8036. For the purposes of this Act, the term "congressional 
defense committees" means the National Sscurity Committee of 
the House of Representatives, the Armed Services 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 Rep-
resentatives. 
SEC. 8037. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
Certification. 
of the military department or defense agency concerned, with power 
of delegation, 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. 8038. (a)(1) If the Secretary of Defense, after consultation 
41USC lOb-2. 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (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 tjrpes of products produced in that foreign 
country. 
112 STAT. 2306 
PUBLIC LAW 105-262—OCT. 17, 1998 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
Reports. 
(b) The Secretary of Defense shall submit to Congress a report 
on the amount of Department of Defense purchases from forSgn 
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 agreement to which the United States is a party. 
(c) For purposes of this section, the term "Buy American Act" 
means title III of the Act entitled "An Act making appropriations 
for the Treasury and Post Office Depgutments for the fiscal year 
ending June 30, 1934, and for other purposes", approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
SEC. 8039. 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. 
President. 
Budget. 
10 u s e 221 note. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8040. Amounts deposited during the current fiscal year 
to the special account established under 40 U.S.C. 485(h)(2) and 
to the special account established under 10 U.S.C. 2667(d)(1) are 
appropriated and shall be available until transferred by the Sec-
retary of Defense to current applicable appropriations or fiinds 
of the Department of Defense under the terms and conditions 
specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 
2667(d)(1)(B), to be merged with and to be available for the same 
time period and the same purposes as the appropriation to which 
transferred. 
SEC. 8041. During the current fiscal year, appropriations avail-
able 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 transportation allowances and 
who occupies transient government housing while performing active 
duty for training or inactive 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 
allowances 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 lodging may be paid 
directly from funds appropriated for operation and maintenance 
of the reserve component of the member concerned. 
SEC. 8042. The President shall include with each budget 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 appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities of the Department of Defense, the military depart-
ments, and the Defense agencies. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2307 
SEC. 8043. 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. 8044. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 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 section 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 balance available 
in the Overseas Military Facility Investment Recovery Account, 
all projected income into the account during fiscal years 1999 and 
2000, and the specific expenditures to be made using funds trans-
ferred from this account during fiscal year 1999. 
SEC. 8045. Of the funds appropriated or otherwise made avail-
able 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 Defense may waive this section for Depart-
ment of Defense support provided to NATO forces in and around 
the former Yugoslavia. 
SEC. 8046. During the current fiscal year, appropriations 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. 
SEC. 8047. (a) During the current fiscal year, none of the 
appropriations or fiinds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense Work-
ing Capital Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund during 
fiscal year 1994 and if the purchase of such an investment item 
would be chargeable during the current fiscal year to appropriations 
made to the Department of Defense for procurement. 
(b) The fiscal year 2000 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2000 Department of Defense budget 
shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2000 proc;urement appropriation 
and not in the supply management business area or any other 
area or category of the Department of Defense Working Capital 
Fxmds. 
SEC. 8048. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current i^scal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2000: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior 
or subsequent fiscal year shall remain available until expended. 
SEC. 8049. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
Reports. 
Budget. 
50 use 403u 
note. 
112 STAT. 2308 
PUBLIC LAW 105-262—OCT. 17, 1998 
may be used for the design, development, and deployment of Gren-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8050. Of the funds appropriated by the Department of 
Defense under the heading "Operation and Maintenance, 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 information, documenting of environmental damage, 
and developing a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands resulting 
from Department of Defense activities. 
SEC. 8051. Amounts collected for the use of the facilities of 
the National Science Center for Communications and Electronics 
during the current fiscal year pursuant to section 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. 8052. None of the funds appropriated in this Act may 
be used to fill the commander's position at £iny military medical 
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills. 
SEC. 8053. (a) None of the fimds 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 America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United 
States Code, whether the person should be debarred from contract-
ing with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that Americ£m-made equipment and products 
are cost-competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8054. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines— 
(1) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work; 
(2) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2309 
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 advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements 
of equipment that is in development or production, or contracts 
as to which a civilian official of the Department of Defense, who 
has been confirmed by the Senate, determines that the award 
of such contract is in the interest of the national defense. 
SEC. 8055. (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 remains at the location of that head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments or the finemcial requirements of the department. 
(c) This section does not apply to field operating agencies funded 
within the National Foreign Intelligence Program. 
SEC. 8056. Funds appropriated by this Act for intelligence 
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 1999 until the enactment of 
the Intelligence Authorization Act for Fiscal Year 1999. 
SEC. 8057. 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, indus-
trial or other purposes: Provided, 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. 8058. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded as 
of the date of the enactment of this Act from the following accounts 
and programs in the specified amounts: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1988/2001": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$3,062,696; 
SSN-688 attack submarine progi-am, $8,146,796; 
CG-47 cruiser program, $4,000,000; 
LSD-41 cargo variant ship program, $256,141; 
LHD-1 amphibious assault ship program, $505,938; 
For craft, outfitting, and post delivery, $3,459,756; 
112 STAT. 2310 
PUBLIC LAW 105-262—OCT. 17, 1998 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/2000": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$2,750,679; 
SSN-688 attack submarine program, $5,663,109; 
AO conversion program, $881,619; 
T-AGOS surveillance ship program, $1,989,383; 
T-AO fleet oiler program, $3,451,287; 
MHO coastal mine hunter program, $150,000; 
For craft, outfitting, and post delivery, $2,521,413; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1990/2002": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$6,746,000; 
LSD-41 cargo variant ship program, $8,701,615; 
Aircraft 
carrier 
service 
life 
extension 
program, 
$890,209; 
For craft, outfitting, and post delivery, $2,636,339; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1991^2001": 
Service craft program, $143,740; 
LCAC landing craft air cushion program, $126,698; 
For craft, outfitting, and post delivery, $1,549,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/2001": 
For craft, outfitting, and post delivery, $3,307,524; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1993/2002": 
For craft, outfitting, and post delivery, $4,540,746. 
"Missile Procurement, Air Force, 1997/1999", $8,000,000; 
"Research, Development, Test and Evaluation, Defense-
Wide, 1997/1998", $67,000,000; 
"Missile Procurement, Army, 1998/2000", $12,800,000; 
"Procurement of Weapons and Tracked Combat Vehicles, 
Army, 1998/2000", $6,700,000; 
"Other Procurement, Army, 1998/2000", $24,000,000; 
"Weapons Procurement, Navy, 1998/2000", $2,000,000; 
"Procurement of Ammunition, Navy and Marine Corps, 
1998/2000", $12,560,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1998/2002"* 
CVN refuelings, $35,000,000; 
"Other Procurement, Navy, 1998/2000", $28,500,000; 
"Aircraft Procurement, Air Force, 1998/2000", $8,934,000; 
"Missile Procurement, Air Force, 1998/2000", $4,200,000; 
"Procurement of Ammunition, Air Force, 1998/2000", 
$14,106,000; 
"Other Procurement, Air Force, 1998/2000", $3,508,000; 
"Research, Development, Test and Evaluation, Navy, 1998/ 
1999", $20,500,000; 
"Research, Development, Test and Evaluation, Air Force, 
1998/1999", $17,620,000; 
"National Defense Sealift Fund, Public Law 104-208", 
$65,000,000; and 
"National Defense Sealift Fund, Public Law 104^61", 
$20,000,000. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2311 
SEC. 8059. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8060. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People's Republic of North Korea unless specifi-
cally appropriated for that purpose. 
SEC. 8061. During the current fiscal year, funds appropriated 
in this Act are available to compensate members of the National 
Guard for duty performed pursuant to a plan submitted by a Grov-
emor 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. 
SEC. 8062. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified 
Commands and Defense Agencies shall be available for reimburse-
ment of pay, allowances and other expenses which would otherwise 
be incurred against appropriations for the National Guard and 
Reserve when members of the National Guard and Reserve provide 
intelligence or counterintelligence support to Unified Commands, 
Defense Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Foreign Intel-
ligence Program (NFIP), the Joint Military^ Intelligence Program 
(.mlP), and the Tactical Intelligence and Related Activities (TIARA) 
aggregate: Provided, That nothing in this section authorizes devi-
ation from established Reserve and National Guard personnel and 
training procedures. 
SEC. 8063. 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 facili-
ties below the September 30, 1998 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 reduc-
tions may be consistent with responsible resource stewardship and 
capitation-based budgeting. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8064. None of the funds appropriated in this Act may 
be transferred to or obligated from the Pentagon Reservation 
Maintenance Revolving Fund, unless the Secretary of Defense cer-
tifies that the total cost for the planning, design, construction 
and installation of equipment for the renovation of the Pentagon 
Reservation will not exceed $1,118,000,000. 
SEC. 8065. (a) None of the funds available to the Department 
10 USC 374 note. 
of Defense for any fiscal year for drug interdiction 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. 
59-194 O - 98 - 16 : QL 3 Part 3 
112 STAT. 2312 
PUBLIC LAW 105-262—OCT. 17, 1998 
50USC403f 
(b) None of the funds available to the Central Intelligence 
note. 
Agency for any fiscal year for drug interdiction and counter-drug 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions law. 
(TRANSFER OF FUNDS) 
SEC. 8066. Appropriations available in this Act under the head-
ing "Operation and Maintenance, Defense-Wide" for increasing 
energy and water efficiency in Federal buildings may, during their 
period of availability, be transferred to other appropriations or 
funds of the Department of Defense for projects related to increasing 
energy and water efficiency, to be merged with and to be available 
for the same general purposes, and for the same time period, 
as the appropriation or fund to which transferred. 
SEC. 8067. 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 domestic origin: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by-
case basis by certifjdng in writing to the Committees on Appropria-
tions 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 pur-
poses. 
SEC. 8068. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available 
to provide transportation of medical supplies and equipment, on 
a nonreimbursable basis, to American Samoa: Provided, That not-
withstanding any other provision of law, funds available to the 
Department of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a nonreimbursable 
basis, to the Indian Health Service when it is in conjunction with 
a civil-military project. 
SEC. 8069. 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 certifies 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. 8070. Notwithstanding any other provision of law, the 
Naval shipyards of the United States shall be eligible to participate 
in any manufacturing extension program financed by funds appro-
priated in this or any other Act. 
SEC. 8071. 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 contiguous 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 provision 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: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2313 
Provided, That the Secretary of Defense may waive the require-
ments of this section, on a case-by-case basis, in the interest of 
national security. 
SEC. 8072. During the current fiscal year, the Army shall 
use the former George Air Force Base as the airhead for the 
National Training Center at Fort Irwin: Provided, That none of 
the funds in this Act shall be obligated or expended to transport 
Army personnel into Edwards Air Force Base for training rotations 
at the National Training Center. 
SEC. 8073. (a) The Secretary of Defense shall submit, on a Reports, 
quarterly basis, a report to the congressional defense committees, 
the Committee on International Relations of the House of Rep-
resentatives and the Committee on Foreign Relations of the Senate 
setting forth all costs (including incremental costs) incurred by 
the Department of Defense during the preceding quarter in 
implementing or supporting resolutions of the United Nations Secu-
rity Council, including any such resolution calling for international 
sanctions, international peacekeeping operations, and humanitarian 
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 quarterly reports 
all efforts made to seek credit against past United Nations expendi-
tures and all efforts made to seek compensation from the United 
Nations for costs incurred by the Department of Defense in 
implementing and supporting United Nations activities. 
SEC. 8074. (a) LIMITATION ON TRANSFER OF DEFENSE 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 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 
described in subsection (b) unless the congressional defense commit-
tees, the Committee on International Relations of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate are notified 15 days in advance of such transfer. 
(b) COVERED ACTIVITIES.—^This section applies to— 
Applicability. 
(1) any international peacekeeping or peace-enforcement 
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-enforce-
ment, 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 equipment or 
supplies— 
(A) a statement of whether the inventory requirements 
of all elements of the Armed Forces (including the reserve 
components) for the tjrpe of equipment or supplies to be 
transferred have been met; and 
112 STAT. 2314 
PUBLIC LAW 105-262—OCT. 17, 1998 
Loans. 
Reports. 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8075. 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 exposure fees charged and collected by the Sec-
retary 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 Serv-
ices and Foreign Relations of the Senate and the Committees on 
Appropriations, National Security £ind International Relations in 
the House of Representatives on the implementation of this pro-
gram: Provided further. That 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 
administrative expenses of the Department of Defense that are 
attributable to the loan guarantee program imder subchapter VI 
of chapter 148 of title 10, United States Code. 
SEC. 8076. None of the funds available to the Department 
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 pursuant to assessment or a vol-
untary contribution) or for payment of any United States arrearage 
to the United Nations. 
SEC. 8077. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department 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 excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
SEC. 8078. (a) None of the fiinds appropriated or otherwise 
made available in this Act may be used to transport or provide 
for the transportation of chemical munitions or agents to the John-
ston Atoll for the purpose of storing or demilitarizing such muni-
tions 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 subsection 
(a) during a period of war in which the United States is a party. 
SEC. 8079. 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 individual 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. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2315 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8080. During the current fiscal year, no more than 
$10,000,000 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 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8081. For purposes of section 1553(b) of title 31, United Applicability. 
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 "Shipbuilding and Conversion, Navy* appropriations 
in any prior year, and the 1 percent limitation shall apply to 
the total amount of the appropriation. 
SEC. 8082. 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 expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired 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 availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 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 recorded against the expired account: Provided 
further. That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
1 percent of the total appropriation for that account. 
(TRANSFER OF FUNDS) 
SEC. 8083. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the 
amounts transferred shall be available for the same purposes as 
the appropriations to which transferred, and for the same time 
period as the appropriation from which transferred: Provided fur-
ther. That the amounts shall be transferred between the following 
appropriations in the amount specified: 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1988/2001": 
112 STAT. 2316 
PUBLIC LAW 105-262—OCT. 17, 1998 
TRIDENT ballistic missile submarine program, 
$2,674,000; 
SSN-688 attack submarine program, $32,232,000; 
CG-47 cruiser program, $10,886,000; 
Carrier replacement program, $40,360,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$3,001,000; 
LSD-41 cargo variant ship program, $790,000; 
To: 
Under the heading, ''Shipbuilding and Conversion, 
Navy, 1995/2001": 
Carrier replacement program, $89,943,000; 
From: 
Under the heading, ''Shipbuilding and Conversion, 
Navy, 1989/2000": 
TRIDENT ballistic missile submarine program, 
$3,028,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$2,153,000; 
MHC coastal minehimter program, $1,298,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2000": 
Carrier replacement program, $6,479,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1990/2002": 
TRIDENT ballistic missile submarine program, 
$10,796,000; 
SSN-688 attack submarine program, $1,000,000; 
DDCr-51 destroyer program, $5,066,000; 
LCAC landing craft, air cushioned program, 
$509,000; 
MCM 
mine 
coimtermeasures 
ship 
program, 
$1,200,000; 
AOE combat support ship program, $1,674,000; 
AO(J)jumboized oiler program, $1,899,000; 
Oceanographic research program, $394,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2002": 
Carrier replacement program, $22,538,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991/2001": 
DDG-51 destroyer program, $1,500,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$7,500,000; 
LSD-41 cargo variant ship program, $1,227,000; 
LCAC lanSng 
craft, air cushioned program, 
$392,000; 
MHC coastal minehunter program, $2,400,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991/2001": 
SSN-21 attack submarine program, $13,019,000; 
From: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2317 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1992/2001": 
Prior year escalation, $52,934,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991^2001": 
SSN-21 attack submarine program, $16,967,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1994/2001": 
MCS(C) mine warfare command and control ship 
program, $5,729,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2001": 
DDGr-51 destroyer program, $24,261,000; 
Carrier replacement program, $5,977,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1993/2002": 
AOE combat support ship program, $7,753,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2002": 
DDG-51 destroyer program, $7,753,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1996/2000": 
SSN-21 attack submarine program, $26,526,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1995/2000": 
DDG-51 destroyer program, $368,000; 
Under the heading. 
Shipbuilding and Conversion, 
Navy, 1996/2000": 
DDGr-51 destroyer program, $2,756,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$21,850,000; 
Fast Patrol craft program, $345,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1997/2000": 
AGrOR SWATH oceanographic research program, 
$1,207,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2002": 
DDG-51(AP) destroyer program, $9,009,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1998/2002": 
DDG-51 destroyer program, $9,009,000. 
SEC, 8084. The Under Secretary of Defense (Comptroller) shall Deadline, 
submit to the congressional defense committees by February 1, Reports. 
1999 a detailed report identifying, by amoimt and by separate 
budget activity, activity group, subactivity group, line item, program 
element, program, project, subproject, and activity, any activity 
for which the fiscal year 2000 budget request was reduced because 
Congress appropriated funds above the Prcssident's budget request 
for that specific activity for fiscal year 1999. 
112 STAT. 2318 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8085. Funds appropriated in title II of this Act for super-
vision 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. 8086. The Secretary of Defense may waive reimbursement 
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 determines that attendance by such personnel, without 
reimbursement, 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 appropriations avail-
able for the Asia-Pacific Center. 
SEC. 8087. (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 Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau 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 Nationgd Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8088. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination 
under section 2690 of title 10, United States Code, may implement 
cost-effective agreements for required heating facility modernization 
in the Kaiserslautem Military Community in the Federal Republic 
of Germany: Provided, That in the City of Kaiserslautem such 
agreements will include the use of United States anthracite as 
the base load energy for municipal district heat to the United 
States Defense installations: Provided further. That at LandstuhJ 
Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United States 
coal as an energy source. 
SEC, 8089. 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 appropriated, to be derived from 
amounts which are available in the applicable Fisher House trust 
fund established under 10 U.S.C. 2221 for the Fisher Houses of 
each such department. 
SEC. 8090. During the current fiscal year, refunds attributable 
to the use of the Government travel card by military personnel 
and civilian employees of the Department of Defense and refunds 
attributable to official Grovemment travel arrsinged by Grovemment 
Contracted Travel Management Centers may be credited to oper-
ation and maintenance accounts of the Department of Defense 
which are current when the refunds are received. 
SEC. 8091. 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 Work-
ing Capital Fund, Department of Defense Working Capital Funds, 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2319 
to the credit of current applicable 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. 8092. 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 operation of the military depart-
ment or defense agency with which the invoice or contract payment 
is associated. 
SEC. 8093. At the time the President submits his budget for Budget, 
fiscal year 2000 and any fiscal year thereafter, the Department 
10 USC 221 note, 
of Defense shall transmit to the congressional defense committees 
a budget 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 subactivity group level, 
the amounts requested by the President to be appropriated to 
the Department of Defense for military personnel in any budget 
request, or amended budget request, for that fiscal year. 
SEC. 8094. 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 require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping, and test activities preceding and 
leading to acceptance for operational use: Provided further, That 
this restriction 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 Appropriations 
of the House of Representatives and the Senate that it is in the 
national security interest to do so. 
SEC. 8095. The budget of the President for fiscal year 2000 Budget, 
submitted to Congress pursuant to section 1105 of title 31, United 10 USC 221 note. 
States Code, and each annual budget request thereafter, shall 
include budget activity groups (known as "subactivities") in all 
appropriations accounts provided in this Act, as may be necessary, 
to separately identify all costs incurred by the Department of 
Defense to support the North Atlantic Treaty Organization and 
all Partnership For Peace programs and initiatives. The budget 
justification materials submitted to Congress in support of the 
budget of the Department of Defense for fiscal year 2000, and 
subsequent fiscal years, shall provide complete, detailed estimates 
for all such costs. 
SEC. 8096. None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with 
a contractor that is subject to the reporting requirement set forth 
in subsection (d) of section 4212 of title 38, United States Code, 
but has not submitted the most recent report required by such 
subsection for 1998 or a subsequent year. 
SEC. 8097. None of the finds made available in this Act may 
be used to approve or license the sale of the F-22 advanced tactical 
fighter to any foreign government. 
SEC. 8098. None of the funds appropriated or otherwise made 
available by this Act may be made available for the United States 
Man and the Biosphere Program, or related projects. 
SEC. 8099. (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 
112 STAT. 2320 
PUBLIC LAW 105-262—OCT. 17, 1998 
Applicability. 
Contracts. 
Notification. 
in law if the Secretary determines that the appUcation of the 
Hmitation 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 procurement of defense items entered into under section 
2531 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced 
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 entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, 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, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8100. 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 following accounts shall remain 
available for the pa3mtient of satellite on-orbit incentive fees until 
the fees are paid: 
"Missile Procurement, Air Force, 1995/1997", $20,978,000; 
and 
"Missile Procurement, Air Force, 1996/1998", $16,782,400. 
SEC. 8101. None of the funds in this Act may be used by 
the National Imagery and Mapping Agency for mapping, charting, 
and geodesy activities unless contracts for such services are awarded 
in accordance with the qualifications based selection process in 
40 U.S.C. 541 et seq. and 10 U.S.C. 2855: Provided, That such 
agency may continue to fund existing contracts for such services 
for not more than 180 days from the date of the enactment of 
this Act: Provided further. That an exception shall be provided 
for such services that are critical to national security after a written 
notification has been submitted by the Deputy Secretary of Defense 
to the Committees on Appropriations of the House of Representa-
tives and the Senate. 
SEC. 8102. Funds made available to the Civil Air Patrol in 
this Act under the heading "Drug Interdiction and Counter-Drug 
Activities, Defense" may be used for the Civil Air Patrol Corpora-
tion's counterdrug program, including its demand reduction pro-
gram involving youth programs, as well as operational and training 
drug reconnaissance missions for Federal, State and local govern-
ment agencies; for administrative costs, including the hiring of 
Civil Air Patrol Corporation employees; for travel and per diem 
expenses of Civil Air Patrol Corporation personnel in support of 
those missions; and for equipment needed for mission support or 
performance: Provided, That of these funds, $300,000 shall be made 
available to establish and operate a distance learning program: 
Provided further. That the Department of the Air Force should 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2321 
Deadline. 
Reports. 
waive reimbursement from the Federal, State and local government 
agencies for the use of these funds. 
SEC. 8103. 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. 8104. The Secretary of Defense shidl undertake a review 
of all distributed learning education and training programs in the 
Department of Defense and shall issue a plan to implement a 
department-wide, standardized, cost-effective Advanced Distributed 
Learning framework to achieve the goals of commonality, interoper-
ability, and reuse: Provided, That the Secretary shall report to 
Congress on the results of this review and present a detailed 
implementation and budget plan no later than July 30, 1999. 
SEC. 8105. Notwithstanding any other provision in this Act, 
the total amount appropriated in title II is hereby reduced by 
$70,000,000 to reflect savings resulting from consolidations and 
personnel reductions as mandated in the Defense Reform Initiative. 
SEC. 8106. The Secretary of Defense shall submit to the congres- Reports 
sional defense committees an in-depth analysis comparing the cost 
of any proposed establishment or expansion of depot facilities by 
the Reserve Components to the cost of performing the same work 
at existing depot facilities or by the private sector: Provided, That 
for purposes of this section, the term "depot level maintenance" 
does not include Greneral Support Level maintenance activities. 
Intermediate Level maintenance activities, or lower echelon mainte-
nance activities. 
SEC. 8107. Notwithstanding any other provision of law, the 
TRICARE managed care support contracts in effect, or in final 
stages of acquisition as of September 30, 1998, may be extended 
for two years: Provided, That any such extension may only take 
place if the Secretary of Defense determines that it is in the best 
interest of the Grovemment: Provided further. That any contract 
extension shall be based on the price in the final best and final 
offer for the last year of the existing contract as adjusted for 
inflation and other factors mutually agreed to by the contractor 
and the Grovemment: Provided further. That notwithstanding any 
other provision of law, all future TRICARE managed care support 
contracts replacing contracts in effect, or in the final stages of 
acquisition as of September 30, 1998, may include a base contract 
period for transition and up to seven one-year option periods. 
SEC. 8108. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby 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; 
"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; 
10 use 1073 
note. 
112 STAT. 2322 
PUBLIC LAW 105-262—OCT. 17, 1998 
"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; 
"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, Army", 
$3,000,000; 
"Research, Development, Test and Evaluation, Army", 
$10,000,000; 
"Research, Development, Test and Evaluation, Nav/', 
$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 proportionally 
to each budget activity, activity group and subactivity group and 
each program, project, and activity within each appropriation 
account. 
President. 
S E C . 8109. (a) DISPOSAL OF CERTAIN MATERIALS IN NATIONAL 
50 use 98d note. DEFENSE STOCKPILE.—Subject to subsection (c), the President shall 
dispose of materials contained in the National Defense Stockpile 
and specified in the table in subsection (b) so as to result in 
receipts to the United States in the amount of $100,000,000 by 
the end of fiscal year 1999. 
(b) DISPOSAL QUANTITIES.—The total quantities of materials 
authorized for disposal by the President under subsection (a) may 
not exceed the amounts set forth in the following table: 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2323 
Authorized Stockpile Disposals 
Material for disposal 
Quantity 
Beryllium Metal 
20 short tons 
Chromium Ferroalloy 
,. 25,000 short tons 
Columbium Carbide Powder 
21,372 pounds of con-
tained Columbium 
Diamond, Stones 
600,000 carats 
Platinum 
100,000 troy ounces 
Platiniun—Palladiiun 
150,000 troy ounces 
Tantalum Carbide Powder 
22,688 pounds of con-
tained Tantalum 
Tantaltun Metal Ingots 
25,000 pounds of con-
tained Tantalum 
Tantalum Metal Powder 
25,000 pounds of con-
tained Tantalum 
(c) MINIMIZATION OF DISRUPTION AND LOSS.—The President 
may not dispose of materials under subsection (a) to the extent 
that the disposal will result in— 
(1) undue disruption of the usual markets of producers, 
processors, and consumers of the materials proposed for dis-
posal; or 
(2) avoidable loss to the United States. 
(d) TREATMENT OF RECEIPTS.—^Notwithstanding section 9 of 
the Strategic and Criticgd Materials Stock Piling Act (50 U.S.C. 
98h), funds received as a result of the disposal of materials author-
ized for disposal under subsection (a) shall be deposited into the 
general fund of the Treasury. 
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—(1) 
The 
disposal authority provided in subsection (a) is new disposal author-
ity and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding the materials specified in such 
subsection. 
(2) The disposal authority provided in subsection (a) is referred 
to in section 3303 of the National Defense Authorization Act for 
Fiscal Year 1999, and the quantities of the materials specified 
in the table in subsection (b) are included in the quantities specified 
in the table in subsection (b) of such section 3303. 
(f) DEFINITION.—In this section, the term "National Defense 
Stockpile" means the stockpile provided for in section 4 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c). 
SEC. 8110. (a) TRANSFERS OF VESSELS BY GRANT.—The Sec-
retary of the Navy is authorized to transfer vessels to foreign 
countries on a grant basis under section 516 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j) as follows: 
(1) To the Government of Argentina, the NEWPORT class 
tank landing ship NEWPORT (LST 1179). 
(2) To the Government of Greece— 
(A) the KNOX class frigate HEPBURN (FF 1055); and 
(B) the ADAMS class guided missile 
destroyers 
STRAUSS (DDG 16), SEMMS (DDG 18), and WADDELL 
(DDG 24). 
(3) To the Government of Portugal, the STALWART class 
ocean surveillance ship ASSURANCE (T-AGOS 5). 
112 STAT. 2324 
PUBLIC LAW 105-262—OCT. 17, 1998 
(4) To the Government of Turkey, the KNOX class frigates 
PAUL (FF 1080), MILLER (FF 1091), and W.S. SIMMS (FF 
1059). 
(b) TRANSFERS OF VESSELS BY SALE.—The Secretary of the 
Navy is authorized to transfer vessels to foreign countries on a 
sales basis under section 21 of the Arms Export Control Act (22 
U.S.C. 2761) as follows: 
(1) To the Government of Brazil, the NEWPORT class 
tank landing ships CAYUGA (LST 1186) and PEORIA (LST 
1183). 
(2) To the Government of Chile— 
(A) the NEWPORT class tank landing ship SAN 
BERNARDINO (LST 1189); and 
(B) the auxiUary repair dry dock WATERFORD (ARD 
5). 
(3) To the Government of Greece— 
(A) the OAK RIDGE class medium dry dock 
ALAMAGORDO (ARDM 2); and 
(B) the KNOX class frigates VREELAND (FF 1068) 
and TRIPPE(FF 1075). 
(4) To the Government of Mexico— 
(A) the auxiliary repair dry dock SAN ONOFRE (ARD 
30); and 
(B) the KNOX class frigate PHARRIS (FF 1094). 
(5) To the Government of the Philippines, the STALWART 
class ocean surveillance ship TRIUMPH (T-AGOS 4). 
(6) To the Government of Spain, the NEWPORT class 
tank landing ships HARLAN COUNTY (LST 1196) and 
BARNSTABLE COUNTY (LST 1197). 
(7) To the Taipai Economic and Cultural Representative 
Office in the United States (the Taiwan instrumentality that 
is designated pursuant to section l(Ka) of the Taiwan Relations 
Act)— 
(A) the KNOX class frigates PEARY (FF 1073), 
JOSEPH HEWES (FF 1078), COOK (FF 1083), BREWTON 
(FF 1086), KIRK (FF 1987), and BARBEY (FF 1088); 
(B) the NEWPORT class tank landing ships 
MANITOWOC (LST 1180) and SUMTER (LST 1181); 
(C) the floating dry dock COMPETENT (AFDM 6); 
and 
(D) the ANCHORAGE class dock landing ship PENSA-
COLA(LSD38). 
(8) To the Government of Turkey— 
(A) the OLIVER HAZARD PERRY class guided missile 
frigates MAHLON S. TISDALE (FFG 27), REID (FFG 30), 
and DUNCAN (FFG 10); and 
(B) the KNOX class frigates REASONER (FF 1063), 
FANNING (FF 1076), BOWEN (FF 1079), MCCANDLESS 
(FF 1084), DONALD BEARY (FF 1085), AINSWORTH (FF 
1090), THOMAS C. HART (FF 1092), and CAPODANNO 
(FF 1093). 
(9) To the Government of Venezuela, the medium auxiliary 
floating dry dock bearing hull number AFDM 2. 
(c) TRANSFERS OF VESSELS ON A COMBINED LEASE-SALE BASIS.— 
The Secretary of the Navy is authorized to transfer vessels to 
foreign countries on a combined lease-sale basis under sections 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2325 
61 and 21 of the Arms Export Control Act (22 U.S.C. 2796, 2761) 
and in accordance with subsection (d) as follows: 
(1) To the Government of Brazil, the CIMARRON class 
oiler MERRIMACK (AO 179). 
(2) To the Government of Greece, the KIDD class guided 
missile destroyers KIDD (DDG 993), C/J.LAGHAN (DDG 994), 
SCOTT (DDG 995), and CHANDLER (DDG 996). 
(d) CONDITIONS RELATING TO COMBINED LEASE-SALE TRANS-
FERS.—A transfer of a vessel on a combined lease-sale basis author-
ized by subsection (c) shall be made in accordance with the following 
requirements: 
(1) The Secretary may initially transfer the vessel by lease, 
with lease payments suspended for the term of the lease, if 
the country entering into the lease for the vessel simultaneously 
enters into a foreign military sales agreement for the transfer 
of title to the vessel. 
(2) The Secretary may not deliver to the purchasing country 
title to the vessel until the purchase price of the vessel under 
such a foreign military sales agreement is paid in full. 
(3) Upon payment of the purchase price in full under such 
a sales agreement and delivery of title to the recipient country, 
the Secretary shall terminate the lease. 
(4) If the purchasing country fails to make full payment 
of the purchase price in accordance with the sales agreement 
by the date required under the sales agreement— 
(A) the sales agreement shall be immediately termi-
nated; 
(B) the suspension of lease payments under the lease 
shall be vacated; and 
(C) the United States shall be entitled to retain all 
funds received on or before the date of the termination 
under the sales agreement, up to the amount of the lease 
payments due and payable under the lease and all other 
costs required by the lease to be paid to that date. 
(5) If a sales agreement is terminated pursuant to para-
graph (4), the United States shall not be required to pay any 
interest to the recipient country on any amount paid to the 
United States by the recipient country under the sales agree-
ment and not retained by the United States under the lease. 
(e) FUNDING FOR CERTAIN COSTS OF TRANSFERS.—There is 
established in the Treasury of the United States a special account 
to be known as the Defense Vessels Transfer Program Account. 
There is hereby appropriated into that account such sums as may 
be necessary for the costs (as defined in section 502 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers 
authorized by subsection (c). Funds in that account are available 
only for the purpose of covering those costs. 
(f) NOTIFICATION OF CONGRESS.—Not later than 30 days after Deadline, 
the date of the enactment of this Act, the Secretary of the Navy 
shall submit to Congress, for each naval vessel that is to be trans-
ferred under this section before January 1, 1999, the notifications 
required under section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321J) and section 525 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public 
Law 105-118; 111 Stat. 2413). 
(g) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED 
EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 
112 STAT. 2326 
PUBLIC LAW 105-262—OCT. 17, 1998 
another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 232Ij) pursuant to authority 
provided by subsection (a) shall not be counted for the purposes 
of subsection (g) of that section in the aggregate value of excess 
defense articles transferred to countries under that section in any 
fiscal year. 
(h) COSTS OF TRANSFERS.—^Any expense incurred by the United 
States in connection with a transfer authorized by this section 
shall be charged to the recipient (notwithstanding section 516(e)(1) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(l)) in 
the case of a transfer authorized to be made on a grant basis 
under subsection (a)). 
(i) REPAIR AND REFURBISHMENT IN UNITED 
STATES 
SHIP-
YARDS.—-To the maximum extent practicable, the Secretary of the 
Navy shall require, as a condition of the transfer of a vessel under 
this section, that the country to which the vessel is transferred 
have such repair or refurbishment of the vessel as is needed, 
before the vessel joins the naval forces of that country, performed 
at a shipyard located in the United States, including a United 
States Navy shipyard. 
(j) EXPIRATION OF AUTHORITY.—^The authority to transfer a 
vessel under this section shall expire at the end of the two-year 
period beginning on the date of the enactment of this Act, 
SEC. 8111. None of the funds in this Act may be used to 
compensate an employee of the Department of Defense who initiates 
a new start program without notification to the Office of the Sec-
retary of Defense and the congressional defense committees, as 
required by Department of Defense financial management regula-
tions. 
SEC. 8112. 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 person-
nel workforce reductions. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8113. Of the funds made available under title II of this 
Act, the following amounts shall be transferred to the Defense 
Working Capital Funds for the purpose of funding operations of 
the Defense Commissary Agency: 
"Operation and Maintenance, Army", $338,400,000; 
"Operation and Maintenance, Nav/', $255,000,000; 
"Operation and Maintenance, Marine Corps", $86,600,000; 
and 
"Operation and Maintenance, Air Force", $302,071,000: 
Provided, That the transfer authority provided in this section is 
in addition to any other transfer authority contained elsewhere 
in this Act. 
SEC. 8114. Of the amounts made available in title II of this 
Act under the heading "Operation and Maintenance, Navjr", 
$20,000,000 is available only for emergency and extraordinary 
expenses associated with the accident involving a United States 
Marine Corps A-6 aircraft on February 3, 1998, near Cavalese, 
Italy: Provided, That these funds shall remain available until 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2327 
expended: Provided further, That notwithstanding any other provi-
sion of law, the funds made available by this section may be 
available for payments to persons, communities, or other entities 
in Italy for reimbursement for property damages resulting from 
the accident involving a United States Marine Corps A-6 aircraft 
on February 3, 1998, near Cavalese, Italy: Provided further. That 
notwithstanding any other provision of law, funds made available 
under this section may be used to rebuild or replace the funicular 
system in Cavalese destroyed on February 3, 1998 by that aircraft: 
Provided further. That any amount paid to any individual or entity 
from the amount appropriated under this section shall be credited 
against any amount subsequently determined to be payable to 
that individual or entity under chapter 163 of title 10, United 
States Code, section 127 of that title, or any other authority pro-
vided by law for administrative settlement of claims against the 
United States with respect to damages arising from the accident 
described in this section: Provided further. That payment of an 
amount under this section shall not be considered to constitute 
a statement of legal liability on the part of the United States 
or otherwise to prejudge any judicial proceeding or investigation 
arising from the accident described in this section: Provided further. 
That no part of any pajonent authorized by this section shall 
be paid to or received by agents or attorneys for services rendered 
in connection with obtaining such payment, any contract to the 
contrary notwithstanding. 
SEC. 8115. (a) None of the funds appropriated or otherwise 
made available under this Act may be obligated or expended for 
any additional 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 Leadei' of the Senate, the 
Minority Leader of the House of Representatives, and the Minority 
Leader of the Senate, transmits to Congress a report on the deploy-
ment 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 national 
security interests of the United States. 
(3) The number of United States military personnel to 
be deployed to each country. 
(4) The mission and objectives of forces to be deployed. 
(5) The expected schedule for accomplishing the objectives 
of the deployment. 
(6) The exit strategy for United States forces engaged in 
the deplo5mtient. 
(7) llie costs associated with the deplojment and the fimd-
ing sources for pa3dng 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 President to 
be an emergency necessiteting immediate deplo3anent of the 
forces. 
President. 
Reports. 
Certification. 
112 STAT. 2328 
PUBLIC LAW 105-262—OCT. 17, 1998 
(c) Nothing in this section shall be deemed to restrict the 
authority of the President under the Constitution to protect the 
lives of United States citizens. 
SEC. 8116. (a) ENSURING YEAR 2000 COMPLIANCE OF INFORMA-
TION TECHNOLOGY AND NATIONAL SECURITY SYSTEMS.—None of the 
funds appropriated or otherwise made available by this Act may 
(except as provided in subsection (b)) be obligated or expended 
on the development or modernization of any information technology 
or national security system of the Department of Defense in use 
by the Department of Defense (whether or not the system is a 
mission critical system) if the date-related data processing capabil-
ity of that system does not meet certification level la, lb, or 2 
(as prescribed in the April 1997 publication of the Department 
of Defense entitled "Year 2000 Management Plan"). 
(b) EXCEPTION FOR CERTAIN INFORMATION TECHNOLOGY AND 
NATIONAL SECURITY SYSTEMS.—The limitation in subsection (a) does 
not apply to an obligation or expenditure for an information tech-
nology or national security system that is reported to the Office 
of the Secretary of Defense by October 1, 1998, in accordance 
with the preparation instructions for the May 1998 Department 
of Defense quarterly report on the status of year 2000 compliance, 
if— 
(1) the obligation or expenditure is directly related to ensur-
ing that the reported system achieves year 2000 compliance; 
(2) the system is being developed and fielded to replace, 
before January 1, 2000, a noncompliant system or a system 
to be terminated in accordance with the May 1998 Department 
of Defense quarterly report on the status of year 2000 compli-
ance; or 
(3) the obligation or expenditure is required for a particular 
change that is specifically required by law or that is specifically 
directed by the Secretary of Defense. 
(c) UNALLOCATED REDUCTIONS OF FUNDS NOT TO APPLY TO 
MISSION CRITICAL SYSTEMS.—^Funds appropriated or otherwise 
made available by this Act for mission critical systems are not 
subject to any unallocated reduction of funds made by or otherwise 
applicable to fimds appropriated or otherwise made available by 
this Act. 
(d) 
CURRENT SERVICES OPERATIONS NOT AFFECTED.—Sub-
section (a) does not prohibit the obligation or expenditure of funds 
for current services operations of information technology and 
national security systems. 
(e) WAIVER AUTHORITY.—The Secretary of Defense may waive 
subsection (a) on a case-by-case basis with respect to an information 
technology or national security system if the Secretary provides 
the congressional defense committees with written notice of the 
waiver, including the reasons for the waiver and a timeline for 
the testing and certification of the system as year 2000 compliant. 
Deadline. 
(f) REQUIRED REPORT.—(1) Not later than December 1, 1998, 
the Secretary of Defense shall submit to the congressional defense 
committees a report describing— 
(A) an executable strategy to be used throughout the 
Department of Defense to test information technology and 
national security systems for year 2000 compliance (to include 
functional capability tests and military exercises); 
(B) the plans of the Department of Defense for ensuring 
that adequate resources (such as testing facilities, tools, and 
PUBLIC LAW 105-262-OCT. 17, 1998 
112 STAT. 2329 
personnel) are available to ensure that all mission critical sys-
tems achieve year 2000 compliance; and 
(C) the criteria and process to be used to certify a system 
as year 2000 compliant. 
(2) The report shall also include— 
(A) an updated list of all mission critical systems; and Records. 
(B) guidelines for developing contingency plans for the fiinc- Guidelines, 
tioning of each information technolo^ or national security sys-
tem in the event of a year 2000 problem in any such system. 
(g) CAPABIUTY CONTINGENCY PLANS.—Not later than December Deadline. 
30, 1998, the Secretary of Defense shall have in place contingency 
plans to ensure continuity of operations for every critical mission 
or function of the Department of Defense that is dependent on 
an information technology or national security system. 
(h) INSPECTOR GENERAL EVALUATION.—The Inspector General 
of the Department of Defense shall selectively audit information 
technology and national security systems ce]*tified as year 2000 
compliant to evaluate the ability of systems to successfully operate 
during the actual year 2000, including the ability of the systems 
to access and transmit information from point of origin to point 
of termination. 
(i) DEFINITIONS.—^For purposes of this section: 
(1) The term "information technology" has the meaning 
given that term in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
(2) The term ''national security system" has the meaning 
given that term in section 5142 of such Act (40 U.S.C. 1452). 
(3) The term "development or modernization" has the mean-
ing given that term in paragraph E of section 180203 of the 
Department of Defense Financisd Management Regulation 
(DOD 7000.14-R), but does not include any matter covered 
by subparagraph 3 of that par£^raph. 
(4) The term "current services" has the meaning given 
that term in paragraph C of section 180203 of the Department 
of Defense Financial Management Regulation (DOD 7000.14-
R). 
(5) The term "mission critical system" means an informa-
tion technology or national security system that is designated 
as mission critical in the May 1998 Department of Defense 
quarterly report on the status of year 2000 compliance. 
SEC. 8117. (a) EVALUATION OF YEAR 2000 COMPLIANCE AS PART Deadline. 
OF TRAINING EXERCISES PROGRAMS.—Not later than December 15, 
1998, the Secretary of Defense shall submit to Congress a plan 
for the execution of a simulated year 2000 as part of miUtary 
exercises described in subsection (c) in order to evaluate, in an 
operational environment, the extent to which information tech-
nology and national security systems involved in those exercises 
will successfully operate during the actual year 2000, including 
the ability of those systems to access and transmit information 
from point of origin to point of termination. 
(b) EVALUATION OF COMPLIANCE IN SELECTED EXERCISES.— 
In conducting the military exercises described in subsection (c), 
the Secretary of Defense shall ensure that— 
(1) at least 25 of those exercises (refeired to in this section 
as "year 2000 simulation exercises") are conducted so as to 
include a simulated year 2000 in accordance with the plan 
submitted under subsection (a); 
112 STAT. 2330 
PUBLIC LAW 105-262—OCT. 17, 1998 
Notification. 
Records. 
Deadline. 
(2) at least two of those exercises are conducted by the 
commander of each unified or specified combatant command; 
and 
(3) all mission critical systems that are expected to be 
used if the Armed Forces are involved in a conflict in a major 
theater of war are tested in at least two exercises. 
(c) COVERED MILITARY EXERCISES.—^A military exercise referred 
to in this section is a military exercise conducted by the Department 
of Defense, during the period beginning on January 1, 1999, and 
ending on September 30, 1999— 
(1) under the training exercises program known as the 
"CJCS Exercise Program"; 
(2) at the Naval Strike and Air Warfare Center, the Army 
National Training Center, or the Air Force Air Warfare Center; 
or 
(3) as part of Naval Carrier Group fleet training or Marine 
Corps Expeditionary Unit training. 
(d) ALTERNATIVE TESTING METHOD.—In the case of an informa-
tion technology or national security system for which a simulated 
year 2000 test as part of a military exercise described in subsection 
(c) is not feasible or presents undue risk, the Secretary of Defense 
shall test the system using a functional end-to-end test or through 
a Defense Major Range and Test Facility Base. The Secretary 
shall include the plans for these tests in the plan required by 
subsection (a). Tests under this subsection are in addition to the 
25 tests required by subsection (b). 
(e) AUTHORITY FOR EXCLUSION OF SYSTEMS NOT CAPABLE OF 
PERFORMING RELIABLY IN YEAR 2000 SIMULATION.—(1) In carrying 
out a year 2000 simulation exercise, the Secretary of Defense may 
exclude a particular information technology or national security 
system from the year 2000 simulation phase of the exercise if 
the Secretary determines that the system would be incapable of 
performing reliably during the year 2000 simulation phase of the 
exercise. In such a case, the system excluded shall be replaced 
in accordance with the year 2000 contingency plan for the system. 
(2) If the Secretary of Defense excludes an information tech-
nology or national security system from the year 2000 simulation 
phase of an exercise as provided in paragraph (1), the Secretary 
shall notify Congress of that exclusion not later than two weeks 
before commencing that exercise. The notice shall include a list 
of each information technology or national security system excluded 
from the exercise, a description of how the exercise will use the 
year 2000 contingency plan for each such system, and a description 
of the effect that continued year 2000 noncompliance of each such 
system would have on military readiness. 
(3) An information technology or national security system with 
cryptological applications that is not capable of having its internal 
clock adjusted forward to a simulated later time is exempt from 
the year 2000 simulation phase of an exercise under this section. 
(f) COMPTROLLER GENERAL REVIEW.—^Not later than January 
30, 1999, the Comptroller (General shall review the report and 
E
lan submitted under subsection (a) and submit to Congress a 
riefing evaluating the methodology to be used under the plan 
to simulate the year 2000 and describing the potential information 
that will be collected as a result of implementation of the plan, 
the adequacy of the planned tests, and the impact that the plan 
will have on military readiness. 
10 use 113 note. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2331 
(g) DEFINITIONS.—^For the purposes of this section: 
(1) The term "information technologj^" has the meaning 
given that term in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
(2) The term "national security system" has the meaning 
given that term in section 5142 of such Act (40 U.S.C. 1452). 
(3) The term "mission critical system" means an informa-
tion technology or national security system that is designated 
as mission critical in the May 1998 Department of Defense 
quarterly report on the status of year 2000 compliance. 
SEC. 8118. During the current fiscal year and hereafter, no 10USC2241 
funds appropriated or otherwise available to the Department of note. 
Defense may be used to award a contract to, extend a contract 
with, or approve the award of a subcontract to any person who 
within the preceding 15 years has been convicted under section 
704 of title 18, United States Code, of the unlawful manufacture 
or sale of the Congressional Medal of Honor. 
SEC. 8119. (a) The Secretary of Defense shall submit to the Reports. 
Committees on Appropriations of the Senate and the House of 
fj?*iU^o^.l 
Representatives a report on food stamp assistance for members 
of the Armed Forces. The Secretary shall submit the report at 
the same time that the Secretary submits to Congress, in support 
of the fiscal year 2001 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) Tlie number of members of the Armed Forces and 
depenctents 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 eliminating or 
reducing significantly the need of such personnel 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 and their families when Government quar-
ters 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 significantly the need of such 
personnel for food stamps. 
(5) Other potential alternative actions (including any rec-
ommended legislation) for eliminating or reducing significantly 
the need of such personnel for food stamps. 
(6) A discussion of the potential for each alternative 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 paragraph (1) 
of such subsection. 
(2) Be limited in cost to the lowest amount feasible to 
achieve the objectives. 
(d) In this section: 
112 STAT. 2332 
PUBLIC LAW 105-262—OCT. 17, 1998 
(1) The term "fiscal year 2001 budget" means the budget 
for fiscal year 2001 that the President submits 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. 8120. None of the funds appropriated or otherwise made 
available by this Act in titles III and IV may be used to enter 
into or renew a contract with any company owned, or partially 
owned, by the People's Republic of China or the People's Liberation 
Army of the People's Republic of China. 
SEC. 8121. (a) Chapter 157 of title 10, United States Code, 
is amended by inserting after section 2641 the following: 
'*§ 2641a. Transportation of American Samoa veterans on 
Department of Defense aircraft for certain medi-
cal care in Haivaii 
"(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 veteran eligible 
for transport under subsection (a) is any veteran who— 
"(1) resides in and is located in American Samoa; and 
"(2) as determined by an official of the Department of 
Veterans Affairs designated for that purpose by the Secretary 
of Veterans Affairs, must be transported to the State of Hawaii 
in order to receive hospital care to which such veteran is 
entitled under chapter 17 of title 38, United States Code, in 
facilities of such Department in the State of Hawaii. 
"(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 transpor-
tation 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, United States Code. 
"(2) The term 'hospital care' has the meaning given that 
term in section 1701(5) of title 38, United States Code.". 
(b) The table of sections at the beginning of chapter 157 of 
such title is amended by inserting after the item relating to section 
2641 the following new item: 
"2641a. Transportation of American Samoa veterans on Department of Defense air-
craft for certain medical care in Hawaii.". 
SEC. 8122. 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 following: 
"(c) ADDITIONAL FUNDING.— 
"(1) IN GENERAL.—In addition to amounts made available 
under subsections (a) and (b), the Secretary of the Army may 
expend, from any funds available to the Secretary on the date 
of the enactment of this paragraph, $2,000,000 for repair of 
the memorial. 
"(2) DISPOSITION OF FUNDS RECEIVED FROM CLAIMS.—Any 
funds received by the Secretary of the Army as a result of 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2333 
10 use 7291 
note. 
any claim against a contractor in connection with construction 
of the memorial shall be deposited in the general fund of 
the Treasury.". 
SEC. 8123. Of the funds available under title VI for "Chemical 
Agents and Munitions Destruction, Army" for research and develop-
ment, $18,000,000 shall be made available for the program manager 
for the Assembled Chemical Weapons Assessment (under section 
8065 of the Department of Defense Appropriations Act, 1997) for 
demonstrations of technologies under the Assembled Chemical 
Weapons Assessment, for planning and preparation to proceed from 
demonstration 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. 8124. The Secretary of the Navy may carry out a competi-
tively awarded vessel scrapping pilot program during fiscal years 
1999 and 2000 using funds made available in this Act under the 
heading "Operation and Maintenance, Navy": Provided, That the 
Secretary of the Navy shall define the program scope sufficient 
to gather data on the cost of scrapping Government vessels and 
to demonstrate cost-effective technologies and techniques to scrap 
such vessels in a manner that is protective of worker safety and 
health and the environment. 
SEC. 8125. From within the funds provided under the heading 
"Operation and Maintenance, Army", up to $500,000 shall be avail-
able for paying subcontractors and suppliers for work performed 
at Fort Wainwright, Alaska, in 1994, under Army services contract 
number DACA85-93-C-0065. Subcontractors and suppliers are to 
be paid interest calculated in accordance with the Contract Dispute 
Act of 1978 (41 U.S.C. 601-613). 
SEC. 8126. (a) The Secretary of the Army and the Secretary 
of the Air Force may each enter into one or more multiyear leases 
of nontactical firefighting equipment, nontactical crash rescue 
equipment, or nontactical snow removal 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 perform-
ance 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 pa3mtients made under subsection (a) shall be made 
from amounts provided in this or future appropriations Acts. 
(c) This section is effective for all fiscal years beginning after 
Effective date. 
September 30, 1998. 
SEC. 8127. From within funds available for the Department 
of Defense under title VI of this Act for "Chemical Agents and 
Munitions Destruction, Arm/', or the unobligated balances of funds 
available for "Chemical Agents and 
Munitions 
Destruction, 
Defense", under any other Act making appropriations for military 
functions administered by the Department 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 
demonstration of alternatives to baseline incineration for the 
destruction 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 Public Law 104-208; 
110 Stat. 3009-101; 50 U.S.C. 1521 note). The amount specified 
10 use 2401a 
note. 
112 STAT. 2334 
PUBLIC LAW 105-262—OCT. 17, 1998 
in the preceding sentence is in addition to any other amount that 
is made available under title VI of this Act to complete the dem-
onstration of the alternatives 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. 8128. (a) FINDINGS.—The Congress 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 perma-
nently 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 soldiers 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 vulnerable to 
recruitment; 
Lord's Resistance 
(6) one of the most egregious examples of the use of child 
Anny. 
soldiers is the abduction of some 10,000 children, 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 numbers 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 Ugan-
dan 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 supplies, vehicles, ammuni-
tion, 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 £md rehabilitation programs, 
and many find their families displaced, unlocatable, dead, or 
fearful of having their children return home; 
GracaMachel. 
(11) Graca Machel, the former United Nations expert on 
the impact of armed conflict on children, identified the imme-
diat« demobilization of all child soldiers as an urgent priority, 
and recommended the establishment through an optional proto-
col 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 nongovern-
mental organizations, also support the establishment of 18 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2335 
as the minimum age for military recruitment and participation 
in armed conflict. 
(b) IN GENERAL.—^The Congress 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 abducted children and 
to halt further abductions; and 
(4) encourages the United States delegation not to block 
the drafting of an optional protocol to the Convention on the 
Rights of the Child that would establish 18 as the minimum 
age for participation in armed conflict. 
(c) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that the President and the Secretary of State should— 
(1) support efforts to end the abduction of children by 
the LRA, secure their release, and facilitate their rehabilitation 
and reintegration into society; 
(2) not block efforts to establish 18 as the minimum age 
for participation in conflict through an optional 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 rehabilita-
tion and reintegration of former child soldiers into society. 
SEC. 8129. Notwithstanding any other provision of law, the 
Secretary of Defense shall obligate the funds provided for 
Counterterror Technical Support in the Department 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 Representatives, One Hundred Fifth Con-
gress, First Session: Provided, That the funds available for the 
Pulsed Fast Neutron Analysis Project should be executed through 
cooperation with the Office of National Drug Control Policy. 
SEC. 8130. TRAINING AND OTHER PROGRAMS, (a) PROHIBITION.— 
None of the funds made available by this Act may be used to 
support any training program involving 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 
necessary corrective steps have been taken. 
(b) MONITORING.—^Not more than 90 days after the enactment 
of this Act, the Secretary of Defense, in consultation with the 
Secretary of State, shall establish procedures to ensure that prior 
to a decision to conduct any training program referred to in sub-
section (a), full consideration is given to all information available 
to the Department of State relating to human rights violations 
by foreign security forces. 
(c) WAIVER.—^The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in subsection 
(a) if he determines that such waiver is required 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 committees describing the 
extraordinary circumstances, the purpose and duration of the train-
ing program, the United States forces and the foreign security 
Hiunan rights. 
Deadline. 
Procedures. 
Deadline. 
112 STAT. 2336 
PUBLIC LAW 105-262—OCT. 17, 1998 
forces involved in the training program, and the information relat-
ing to human rights violations that necessitates the waiver. 
SEC. 8131. Notwithstanding any other provision of law, and 
notwithstanding the provisions of section 509(b) of title 32, United 
States Code, of the funds made available for Civil Military Programs 
to the Department of Defense in this Act, not less than |62,394,000 
shall be made available for the National Guard ChalleNGe Program. 
SEC. 8132. (a) IN GENERAL.—^Notwithstanding any other provi-
sion of law, the Secretary of the Air Force may convey, without 
consideration, to Indian tribes located in the State of Montana 
relocatable military housing units located at Malmstrom Air Force 
Base, Montana, that are excess to the needs of the Air Force. 
(b) PROCESSING OF REQUESTS.—(1) The Secretary of the 
Air 
Force shall convey military housing units under subsection (a) 
in accordance with the requests for such units that are submitted 
to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the State of Montana. 
(2) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting such requests to the Secretary 
of the Air Force under paragraph (1). 
(c) INDIAN TRIBE DEFINED.—In this section, the term "Indian 
tribe" means any recognized Indian tribe included on the current 
list published by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe List Act of 1994 (Public 
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-l). 
SEC. 8133. (a) The Secretary of Defense, in coordination with 
the Secretary of Health and Human Services, may carry out a 
program to mstribute surplus dental equipment of the Department 
of Defense, at no cost to the Department of Defense, to Indian 
health service facilities and to federally-qualified health centers 
(within the meaning of section 1905(1X2)(B) of the Social Security 
Act (42 U.S.C. 1396d(lX2XB))). 
Deadline. 
(b) Not later than March 15, 1999, the Secretary of Defense 
Reports. 
shall submit to Congress a report on the program, including the 
actions taken under the program. 
SEC. 8134. The total amount appropriated in title III of this 
Act is hereby reduced by $142,100,000. 
SEC. 8135. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$193,600,000 to reflect savings from favorable foreign currency fluc-
tuations, to be distributed as follows: 
"Military Personnel, Army", $5,300,000; 
"Military Personnel, Navy", $12,000,000; 
"Military Personnel, Marine Corps", $4,200,000; 
"Military Personnel, Air Force", $8,100,000; 
"Operation and Maintenance, Armjr", $111,500,000; 
"Operation and Maintenance, Navy", $11,500,000; 
"Operation and Maintenance, Marine Corps", $3,300,000; 
"Operation and Maintenance, Air Force", $26,200,000; and 
"Operation and Maintenance, Defense-Wide", $11,500,000. 
SEC. 8136. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$502,000,000 to reflect savings from reductions in the price of 
bulk fuel, to be distributed as follows: 
"Operation and Maintenance, Army", $36,000,000; 
"Operation and Maintenance, Navy", $167,000,000; 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2337 
"Operation and Maintenance, Marine Corps", $8,000,000; 
"Operation and Maintenance, Air Force", $176,000,000; 
"Operation and Maintenance, Defense-Wide", $67,000,000; 
"Operation and Maintenance, Army Reserve", $1,400,000; 
"Operation and Maintenance, Navy Reserve", $8,200,000; 
"Operation 
and 
Maintenance, 
Air 
Force 
Reserve", 
$11,700,000; 
"Operation and Maintenance, Army National Guard", 
$3,500,000; and 
"Operation 
and 
Maintenance, 
Air 
National 
Guard", 
$23,200,000. 
SEC. 8137. GLOBAL POSITIONING SYSTEM FREQUENCY SPEC- Reports. 
TRUM.—^In order to guard against disruption of Global Positioning 
System services that are vital to the national security and economic 
interests of the United States, the Secretary of Defense shall submit 
to the congressional defense committees a report setting forth a 
national strategy to: (1) protect the integrity of the Global Position-
ing System frequency spectrum against interference and disruption; 
(2) achieve full and effective use by GPS of radio frequency spectrum 
ciurently allocated by the International Telecommunications Union 
for transmission of satellite navigation signals; and (3) provide 
for 2iny additional allocation of spectrum necessary for GPS evo-
lution. Such report shall be submitted to the congressional defense Deadline, 
committees within 120 days of the enactment of this Act. 
SEC. 8138. The Secretary of Defense sliall submit a report Reports, 
to Congress concurrent with submission of the fiscal year 2000 
President's budget regarding past military deployment rates and 
future deployment rate goals. Such report sliall contain a listing Records, 
of the monthly overseas deployment rates for military personnel 
of each service covering each fiscal year beginning with fiscal year 
1989, the location and size of each deployment, a description of 
the methodology used to determine the deployment rates for each 
service, and a discussion of the maximum yearly deployment rates 
for each service that can be sustained on a continuous basis in 
non-emeigency situations over the next five years given the 
resources and personnel end strengths contained in the Future 
Years Defense Plan. 
SEC. 8139. (a) CONVEYANCE REQUIRED.—The Secretary of the New Hampshire. 
Air Force shall convey, without consideration, to the Town of 
Newington, New Hampshire, all right, title, and interest of the 
United Stetes 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) INAPPUCABIUTY OF CERTAIN DISPOSAL AUTHORITIES.—The 
Secretary shall make the conveyance required by subsection (a) 
without regard to the provisions of section 204(b) of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(Public Law 100-526; 10 U.S.C. 2687 note). 
(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 satisfactory to the Secretary. 
The cost of the survey shall be borne by the Secretary, 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
112 STAT. 2338 
PUBLIC LAW 105-262—OCT. 17, 1998 
SEC. 8140. (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 des-
ignated by the University, such portion of the property known 
as the Naval Air Warfare Center, Training Systems Division, 
Orlando, Florida, as the Secretary considers appropriate as a loca-
tion 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 center referred to 
in that subsection; and 
(2) during the term of the lease, provide the Secretary 
such space in the center for activities of the Navy as the 
Secretary and the University jointly consider appropriate. 
(d) The Secretary may require such additional terms and condi-
tions in connection with the lease authorized by subsection (a) 
as the Secretary considers appropriate to protect the interest of 
the United States. 
SEC. 8141. (a) The Secretary of the Air Force may enter into 
an agreement to lease from the City of Phoenix, Arizona, the parcel 
of real property described in subsection (b), together with improve-
ments on the property, in consideration 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 approximately 12 miles 
north of Luke Air Force Base, Arizona, 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 approxi-
mately 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 condi-
tions in connection with the lease under subsection (a) as the 
Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 8142. Notwithstanding any other provision of law, the 
Secretary of Defense may retain all or a portion of the family 
housing at Fort Buchanan, Puerto Rico, as the Secretary deems 
necessary to meet military family housing needs arising out of 
the relocation of elements of the United States Army South to 
Fort Buchanan. 
SEC. 8143. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of 
the Navy may convey to the City of Seattle, Washington (in this 
section referred to as the "City), all right, title, and interest of 
the United States in and to a parcel of real property, together 
with improvements thereon, consisting of approximately 11.82 
acres, the location of the Magnolia housing area, Seattle, Washing-
ton, less such areas as the Secretary determines are required to 
support continued Navy family housing requirements. 
PUBLIC LAW 105-262—OCT. 17, 1998 
112 STAT. 2339 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount 
equal to the fair market value (as determined by the Secretary) 
of the portion of the real property to be convej^ed under subsection 
(a) that was not donated to the United States by the City. The 
portion of the real property to be conveyed under subsection (a) 
that was donated to the United States by the City will be returned 
to the City at no cost. 
(c) CONDITION.—^The conveyance authorized by subsection (a) 
shall be subject to the condition that the City accept the real 
property in its condition at the time of conveyance. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed for monetary consider-
ation, as well as the acreage of the portion to be returned to 
the City at no cost as described in subsection (b), shall be deter-
mined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the City. 
(e) USE OF FUNDS.—(1) The Secretary shall use any amounts 
paid to the Secretary under subsection (b) for Navy family housing 
purposes in the Puget Sound region. 
(2) If amounts referred to in paragraph (1) remain unexpended 
after the use for Navy family housing purposes referred to in 
that paragraph, the Secretary shall deposit such unexpended 
amounts in the account established under section 204(h) of the 
Federal Property and Administrative Services Act (40 U.S.C. 
485(h)). 
(f) ADDITIONAL TERMS AND CONDITIONS.---The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 8144. (a) CONVEYANCE AUTHORIZED.—^The Secretary of 
the Army may convey to the City of Reading, Pennsylvania, here-
after referred to as the "City or to another entity designated 
by the City, all right and title, and interest of the United States 
in and to a parcel of real property (including improvements thereon) 
consisting of approximately 1.8 acres at the Army Reserve Center 
located at 1800 North 12th Street in Reading, Pennsylvania, for 
redevelopment purposes. 
(b) CONSIDERATION.—^The conveyance authorized under sub-
section (a) shall be subject to the condition that the City— 
(1) Will pay fair market value for the property, if the 
property is to be conveyed to or used by a business enterprise. 
(2) Will obtain the property without consideration if the 
property is to be used by a State or local governmental agency. 
(c) ADMINISTRATIVE EXPENSES.—In connection with the convey-
ance under subsection (a), the Secretsiry may accept amounts pro-
vided by the City or other persons to cover administrative expenses 
incurred by the Secretary in entering into the transaction. Amounts 
collected under subsection (b) for administrative expenses shall 
be credited to the appropriation, fiind, or account from which the 
expenses were paid. Amounts so credited shall be merged with 
funds in such appropriation, fund, or account and shall be available 
for the same purposes and subject to the same limitations as the 
funds with which merged. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
112 STAT. 2340 
PUBLIC LAW 105-262—OCT. 17, 1998 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 8145. Notwithstanding any other provision of law, using 
funds previously appropriated into the Department of Defense Base 
Closure Account 1990 established by section 2906(a)(1) of the 
Department of Defense Authorization Act, 1991 (Public Law 101-
510), the Secretary of the Air Force shall obligate up to $7,646,000 
for demolition Eind related environmental restoration of 31 buildings, 
possessing asbestos and lead-based paint, at the former Norton 
Air Force Base, California. 
SEC. 
8146. 
LIQUIDITY 
OF 
WORKING-CAPITAL 
FUNDS, 
(a) 
INCREASED CASH BALANCES.—The Secretary of Defense shall admin-
ister the working-capital funds of the Department of Defense during 
fiscal year 1999 so as to ensure that the total amount of the 
cash balances in such funds on September 30, 1999, exceeds the 
total amount of the cash balances in such funds on September 
30, 1998, by $1,300,000,000. 
(b) ACTIONS REGARDING UNBUDGETED LOSSES.—^The Under Sec-
retary of Defense (Comptroller) shall take such actions regarding 
unbudgeted losses for the working-capital funds as may be nec-
essary in order to ensure that such unbudgeted losses do not pre-
clude the Secretary of Defense from achieving the increase in cash 
balances in working-capital funds required under subsection (a). 
(c) WAIVER.—(1) The Secretary of Defense may waive the 
requirements of this section upon certif3ring to Congress, in writing, 
that the waiver is necessary to meet requirements associated with— 
(A) a contingency operation (as defined in section 101(a)(13) 
of title 10, United States Code); or 
(B) an operation of the Armed Forces that commenced 
before October 1, 1998, and continues during fiscal year 1999. 
(2) The waiver authority under paragraph (1) may not be dele-
gated to £iny official other than the Deputy Secretary of Defense. 
(3) The waiver authority under paragraph (1) does not apply 
to the limitation in subsection (d) or the limitation in section 
2208(1)(3) of title 10, United States Code (as added by subsection 
(e)). 
(d) PERMANENT LIMITATION ON ADVANCE BILLINGS.—(1) Section 
2208(1) of title 10, United States Code, is amended— 
(A) by redesignating paragraph (3) as paragraph (4); and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
"(3) The total amount of the advance billings rendered or 
imposed for all working-capital funds of the Department of Defense 
in a fiscal year may not exceed $1,000,000,000.". 
10 use 2208 
(2) Section 2208(1)(3) of such title, as added by paragraph 
note. 
(i)j applies to fiscal years after fiscal year 1999. 
(e) SEMIANNUAL REPORT.—(1) The Under Secretary shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives— 
Deadline. 
(A) not later than May 1, 1999, a report on the administra-
tion of this section for the six-month period ending on March 
31, 1999; and