Union Calendar No. 301
105th CONGRESS
2d Session
H. R. 3616
[Report No. 105-532]
A BILL
To authorize appropriations for fiscal year 1999 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1999, and for other purposes.
May 12, 1998
HR 3616 RH
Union Calendar No. 301
105th CONGRESS
2d Session
H. R. 3616
[Report No. 105-532]
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
May 12, 1998
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 1, 1998]
A BILL
- Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `National Defense Authorization Act
for Fiscal Year 1999'.
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.
- 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. M1A2 System Enhancement Program Step 1 Program.
Subtitle C--Navy Programs
- Sec. 121. Multiyear procurement authority for the Department of
the Navy.
Subtitle D--Other Matters
- Sec. 141. Funding, transfer, and management of the Assembled Chemical
Weapons Assessment Program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
- Sec. 201. Authorization of appropriations.
- Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
- Sec. 211. Management responsibility for Navy mine countermeasures
programs.
- Sec. 212. Future aircraft carrier transition technologies.
- Sec. 213. Manufacturing technology program.
Subtitle C--Ballistic Missile Defense
- Sec. 231. National Missile Defense policy.
- 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. Limitation on funding for counterproliferation support.
- Sec. 235. Ballistic Missile Defense program elements.
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.
- Sec. 305. Refurbishment of M1-A1 tanks.
- Sec. 306. Operation of prepositioned fleet, National Training Center,
Fort Irwin, California.
- Sec. 307. Relocation of USS WISCONSIN.
- Sec. 308. Fisher House Trust Funds.
Subtitle B--Information Technology Issues
- Sec. 311. Additional information technology responsibilities of
Chief Information Officers.
- Sec. 312. Defense-wide electronic mall system for supply purchases.
- Sec. 313. Protection of funding provided for certain information
technology and national security programs.
- Sec. 314. Priority funding to ensure year 2000 compliance of mission
critical information technology and national security systems.
- Sec. 315. Evaluation of year 2000 compliance as part of training
exercises programs.
Subtitle C--Environmental Provisions
- Sec. 321. Authorization to pay negotiated settlement for environmental
cleanup at former Department of Defense sites in Canada.
- Sec. 322. Removal of underground storage tanks.
Subtitle D--Defense Infrastructure Support Improvement
- Sec. 331. Reporting and study requirements before change of commercial
and industrial type functions to contractor performance.
- Sec. 332. Clarification of requirement to maintain Government-owned
and Government-operated core logistics capability.
- Sec. 333. Oversight of development and implementation of automated
identification technology.
- Sec. 334. Conditions on expansion of functions performed under prime
vendor contracts.
- Sec. 335. Clarification of definition of depot-level maintenance
and repair.
- Sec. 336. Clarification of commercial item exception to requirements
regarding core logistics capabilities.
- Sec. 337. Development of plan for establishment of core logistics
capabilities for maintenance and repair of C-17 aircraft.
- Sec. 338. Contractor-operated civil engineering supply stores program.
- Sec. 339. Report on savings and effect of personnel reductions in
Army Materiel Command.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
- Sec. 341. Continuation of management and funding of Defense Commissary
Agency through the Office of the Secretary of Defense.
- Sec. 342. Expansion of current eligibility of Reserves for commissary
benefits.
- Sec. 343. Repeal of requirement for Air Force to sell tobacco products
to enlisted personnel.
- Sec. 344. Restrictions on patron access to, and purchases in, overseas
commissaries and exchange stores.
- Sec. 345. Extension of demonstration project for uniform funding
of morale, welfare, and recreation activities.
- Sec. 346. Prohibition on consolidation or other organizational changes
of Department of Defense retail systems.
- Sec. 347. Authorized use of appropriated funds for relocation of
Navy Exchange Service Command.
- Sec. 348. Evaluation of merit of selling malt beverages and wine
in commissary stores as exchange system merchandise.
Subtitle F--Other Matters
- Sec. 361. Eligibility requirements for attendance at Department
of Defense domestic dependent elementary and secondary schools.
- Sec. 362. Specific emphasis of program to investigate fraud, waste,
and abuse within Department of Defense.
- Sec. 363. Revision of inspection requirements relating to Armed
Forces Retirement Home.
- Sec. 364. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense civilian
employees.
- Sec. 365. Strategic plan for expansion of distance learning initiatives.
- Sec. 366. Public availability of operating agreements between military
installations and financial institutions.
- Sec. 367. Department of Defense readiness reporting system.
- Sec. 368. Travel by Reservists on carriers under contract with General
Services Administration.
Subtitle G--Demonstration of Commercial-Type Practices To Improve Quality of Personal Property Shipments
- Sec. 381. Demonstration program required.
- Sec. 382. Goals of demonstration program.
- Sec. 383. Program participants.
- Sec. 384. Test plan.
- Sec. 385. Other methods of personal property shipping.
- Sec. 386. Duration of demonstration program.
- Sec. 387. Evaluation of demonstration program.
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. 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.
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.
Subtitle C--Authorization of Appropriations
- Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
- Sec. 501. Codification of eligibility of retired officers and former
officers for consideration by special selection boards.
- Sec. 502. Communication to promotion boards by officers under consideration.
- Sec. 503. Procedures for separation of regular officers for substandard
performance of duty or certain other reasons.
- Sec. 504. Posthumous commissions and warrants.
- Sec. 505. Tenure of Chief of the Air Force Nurse Corps.
Subtitle B--Reserve Component Matters
- Sec. 511. Composition of selective early retirement boards of Reserve
general and flag officers of the Navy and Marine Corps.
- Sec. 512. Active status service requirement for promotion consideration
for Army and Air Force Reserve component brigadier generals.
- Sec. 513. Revision to educational requirement for promotion of Reserve
officers.
Subtitle C--Military Education and Training
- Sec. 521. Requirements relating to recruit basic training.
- Sec. 522. After-hours privacy for recruits during basic training.
- Sec. 523. Extension of reporting dates for Commission on Military
Training and Gender Related Issues.
- Sec. 524. 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 specified persons.
- Sec. 533. Commendation of the Navy and Marine Corps personnel 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 members 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 military forces of South Vietnam and other nations 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.
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.
Subtitle F--Other Matters
- Sec. 551. One-year extension of certain force drawdown transition
authorities relating to personnel management and benefits.
- Sec. 552. Leave without pay for academy cadets and midshipmen.
- Sec. 553. Provision for recovery, care, and disposition of the remains
of all medically retired members.
- Sec. 554. Continued eligibility under Voluntary Separation Incentive
program for members who involuntarily lose membership in a reserve component.
- Sec. 555. Definition of financial institution for direct deposit
of pay.
- Sec. 556. Increase in maximum amount for College Fund program.
- Sec. 557. Central Identification Laboratory, Hawaii.
- Sec. 558. Honor guard details at funerals of veterans.
- Sec. 559. Applicability to all persons in chain of command of policy
requiring exemplary conduct by commanding officers and others in authority
in the Armed Forces.
- Sec. 560. Report on prisoners transferred from United States Disciplinary
Barracks, Fort Leavenworth, Kansas, to Federal Bureau of Prisons.
- Sec. 561. Report on process for selection of members for service
on courts-martial.
- Sec. 562. Study of revising the term of service of members of the
United States Court of Appeals for the Armed Forces.
- Sec. 563. Status of cadets at the Merchant Marine Academy.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
- Sec. 601. Increase in basic pay for fiscal year 1999.
- Sec. 602. Basic allowance for housing outside the United States.
- Sec. 603. Basic allowance for subsistence for Reserves.
Subtitle B--Bonuses and Special and Incentive Pays
- Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
- Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
- Sec. 613. One-year extension of authorities relating to payment
of other bonuses and special pays.
- Sec. 614. Aviation career incentive pay and aviation officer retention
bonus.
- Sec. 615. Special pay for diving duty.
- Sec. 616. Selective reenlistment bonus eligibility for Reserve members
performing active Guard and Reserve duty.
- Sec. 617. Removal of ten percent restriction on selective reenlistment
bonuses.
- Sec. 618. Increase in maximum amount of Army enlistment bonus.
- Sec. 619. Equitable treatment of Reserves eligible for special pay
for duty subject to hostile fire or imminent danger.
Subtitle C--Travel and Transportation Allowances
- Sec. 631. Exception to maximum weight allowance for baggage and
household effects.
- Sec. 632. Travel and transportation allowances for travel performed
by members in connection with rest and recuperative leave from overseas
stations.
- Sec. 633. Storage of baggage of certain dependents.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
- Sec. 641. Effective date of former spouse survivor benefit coverage.
Subtitle E--Other Matters
- Sec. 651. Deletion of Canal Zone from definition of United States
possessions for purposes of pay and allowances.
- 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 certain health profession
officers serving in Selected Reserve.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
- Sec. 701. Expansion of dependent eligibility under retiree dental
program.
- Sec. 702. Plan for provision of health care for military retirees
and their dependents comparable to health care provided under TRICARE Prime.
- 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. Procedures regarding enrollment in TRICARE Prime.
Subtitle C--Other Matters
- Sec. 721. Inflation adjustment of premium amounts for dependents
dental program.
- Sec. 722. System for tracking data and measuring performance in
meeting TRICARE access standards.
- Sec. 723. Air Force research, development, training, and education
on exposure to chemical, biological, and radiological hazards.
- Sec. 724. Authorization to establish a Level 1 Trauma Training Center.
- Sec. 725. Report on implementation of enrollment-based capitation
for funding for military medical treatment facilities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
- Sec. 801. Limitation on procurement of ammunition and components.
- Sec. 802. Acquisition Corps eligibility.
- Sec. 803. Amendments relating to procurement from firms in industrial
base for production of small arms.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
- Sec. 901. Further reductions in defense acquisition workforce.
- Sec. 902. Limitation on operation and support funds for the Office
of the Secretary of Defense.
- Sec. 903. Revision to defense directive relating to management headquarters
and headquarters support activities.
- Sec. 904. Under Secretary of Defense for Policy to have responsibility
with respect to export control activities of the Department of Defense.
- Sec. 905. Independent task force on transformation and Department
of Defense organization.
- Sec. 906. Improved accounting for defense contract services.
- Sec. 907. Repeal of requirement relating to assignment of tactical
airlift mission to reserve components.
- Sec. 908. Repeal of certain requirements relating to Inspector General
investigations of reprisal complaints.
- Sec. 909. Consultation with Commandant of the Marine Corps regarding
Marine Corps aviation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
- Sec. 1001. Transfer authority.
- Sec. 1002. Incorporation of classified annex.
- Sec. 1003. Outlay limitations.
Subtitle B--Naval Vessels and Shipyards
- Sec. 1011. Revision to requirement for continued listing of two
Iowa-class battleships on the Naval Vessel Register.
- Sec. 1012. Transfer of USS NEW JERSEY.
- Sec. 1013. Long-term charter of three vessels in support of submarine
rescue, escort, and towing.
- Sec. 1014. Transfer of obsolete Army tugboat.
- Sec. 1015. Long-term charter contracts for acquisition of auxiliary
vessels for the Department of Defense.
Subtitle C--Matters Relating to Counter Drug Activities
- Sec. 1021. Department of Defense support for counter-drug activities.
- Sec. 1022. Support for counter-drug operation Caper Focus.
Subtitle D--Miscellaneous Report Requirements and Repeals
- Sec. 1031. Annual report on resources allocated to support and mission
activities.
Subtitle E--Other Matters
- Sec. 1041. Clarification of land conveyance authority, Armed Forces
Retirement Home, District of Columbia.
- Sec. 1042. Content of notice required to be provided garnishees
before garnishment of pay or benefits.
- Sec. 1043. Training of special operations forces with friendly foreign
forces.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
- Sec. 1101. Authority for release to Coast Guard of drug test results
of civil service mariners of the Military Sealift Command.
- Sec. 1102. Limitations on back pay awards.
- Sec. 1103. Restoration of annual leave accumulated by civilian employees
at installations in the Republic of Panama to be closed pursuant to the
Panama Canal Treaty of 1977.
- Sec. 1104. Repeal of program providing preference for employment
of military spouses in military child care facilities.
- Sec. 1105. Elimination of retained pay as basis for determining
locality-based adjustments.
- Sec. 1106. Observance of certain holidays at duty posts outside
the United States.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
- Sec. 1201. Limitation on funds for peacekeeping in the Republic
of Bosnia and Herzegovina.
- Sec. 1202. Reports on the mission of United States forces in Republic
of Bosnia and Herzegovina.
- Sec. 1203. Report on military capabilities of an expanded NATO alliance.
- Sec. 1204. One-year extension of counterproliferation authorities
for support of United Nations Special Commission on Iraq.
- Sec. 1205. Repeal of landmine moratorium.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF 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
facility.
- Sec. 1305. Limitation on obligation of funds for a specified period.
- Sec. 1306. Requirement to submit breakdown of amounts requested
by project category.
- Sec. 1307. Limitation on use of funds until completion of fiscal
year 1998 requirements.
- Sec. 1308. Report on biological weapons programs in Russia.
- Sec. 1309. Limitation on use of funds for biological weapons proliferation
prevention activities in Russia.
- Sec. 1310. Limitation on use of certain funds for strategic arms
elimination in Russia or Ukraine.
- Sec. 1311. Availability of funds.
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. Increase in fiscal year 1998 authorization for military
construction projects at Fort Drum, New York, and Fort Sill, Oklahoma.
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. Increase in fiscal year 1995 authorization for military
construction projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army
Depot, Oregon.
- Sec. 2406. Increase in fiscal year 1990 authorization for military
construction project at Portsmouth Naval Hospital, Virginia.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
- Sec. 2501. Authorized NATO construction and land acquisition projects.
- Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
- Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
- Sec. 2602. Army Reserve construction project, Salt Lake City, Utah.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
- Sec. 2701. Expiration of authorizations and amounts required to
be specified by law.
- Sec. 2702. Extension of authorizations of certain fiscal year 1996
projects.
- Sec. 2703. Extension of authorization of fiscal year 1995 project.
- Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
- Sec. 2801. Definition of ancillary supporting facilities under the
alternative authority for acquisition and improvement of military housing.
Subtitle B--Real Property and Facilities Administration
- Sec. 2811. Restoration of Department of Defense lands used by another
Federal agency.
- Sec. 2812. Outdoor recreation development on military installations
for disabled veterans, military dependents with disabilities, and other
persons with disabilities.
- Sec. 2813. Report on use of utility system conveyance authority.
Subtitle C--Defense Base Closure and Realignment
- Sec. 2821. Payment of stipulated penalties assessed under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 in connection
with McClellan Air Force Base, California.
- Sec. 2822. Elimination of waiver authority regarding prohibition
against certain conveyances of property at Naval Station, Long Beach, California.
Subtitle D--Land Conveyances
Part I--Army Conveyances
- Sec. 2831. Land conveyance, Army Reserve Center, Massena, New York.
- Sec. 2832. Land conveyance, Army Reserve Center, Ogdensburg, New
York.
- Sec. 2833. Land conveyance, Army Reserve Center, Jamestown, Ohio.
- Sec. 2834. Land conveyance, Stewart Army Sub-Post, New Windsor,
New York.
- Sec. 2835. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
- Sec. 2836. Land conveyance, Volunteer Army Ammunition Plant, Chattanooga,
Tennessee.
- Sec. 2837. Release of reversionary interest of United States in
former Redstone Army Arsenal property conveyed to Alabama Space Science
Exhibit Commission.
Part II--Navy Conveyances
- Sec. 2841. Easement, Marine Corps Base, Camp Pendleton, California.
- Sec. 2842. Land conveyance, Naval Reserve Readiness Center, Portland,
Maine.
Part III--Air Force Conveyances
- Sec. 2851. Land conveyance, Lake Charles Air Force Station, Louisiana.
- Sec. 2852. Land conveyance, Air Force housing facility, La Junta,
Colorado.
Subtitle E--Other Matters
- Sec. 2861. Repeal of prohibition on joint use of Gray Army Airfield,
Fort Hood, Texas, with civil aviation.
- Sec. 2862. Designation of building containing Navy and Marine Corps
Reserve Center, Augusta, Georgia.
- Sec. 2863. Expansion of Arlington National Cemetery.
- Sec. 2864. Reporting requirements under demonstration project for
purchase of fire, security, police, public works, and utility services
from local government agencies.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS 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.
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. Prohibition on Federal loan guarantees for defense environmental
management privatization projects.
- Sec. 3132. Extension of funding prohibition relating to international
cooperative stockpile stewardship.
- Sec. 3133. Use of certain funds for missile defense technology development.
- Sec. 3134. Selection of technology for tritium production.
- Sec. 3135. Limitation on use of certain funds at Hanford Site.
Subtitle D--Other Matters
- Sec. 3151. Termination of worker and community transition assistance.
- Sec. 3152. Requirement for plan to modify employment system used
by Department of Energy in defense environmental management programs.
- Sec. 3153. Report on stockpile stewardship criteria.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
- Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
- Sec. 3301. Definitions.
- Sec. 3302. Authorized uses of stockpile funds.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
- Sec. 3401. Definitions.
- Sec. 3402. Authorization of appropriations.
- Sec. 3403. Price requirement on sale of certain petroleum during
fiscal year 1999.
- Sec. 3404. Disposal of Naval Petroleum Reserve Numbered 2.
- Sec. 3405. Disposal of Naval Petroleum Reserve Numbered 3.
- Sec. 3406. Disposal of Oil Shale Reserve Numbered 2.
- Sec. 3407. Administration.
TITLE XXXV--PANAMA CANAL COMMISSION
- Sec. 3501. Short title; references to Panama Canal Act of 1979.
- Sec. 3502. Authorization of expenditures.
- Sec. 3503. Purchase of vehicles.
- Sec. 3504. Expenditures only in accordance with treaties.
- Sec. 3505. Donations to the Commission.
- Sec. 3506. Sunset of United States overseas benefits just before
transfer.
- Sec. 3507. Central Examining Office.
- Sec. 3508. Liability for vessel accidents.
- Sec. 3509. Panama Canal Board of Contract Appeals.
- Sec. 3510. Technical amendments.
TITLE XXXVI--MARITIME ADMINISTRATION
- Sec. 3601. Authorization of appropriations for fiscal year 1999.
- Sec. 3602. Conveyance of NDRF vessel M/V BAYAMON.
- Sec. 3603. Conveyance of NDRF vessels BENJAMIN ISHERWOOD and HENRY
ECKFORD.
- Sec. 3604. Clearinghouse for maritime information.
- Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY.
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.
- Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement for the Army as follows:
- (1) For aircraft, $1,420,759,000.
- (2) For missiles, $1,232,285,000.
- (3) For weapons and tracked combat vehicles, $1,507,638,000.
- (4) For ammunition, $1,053,455,000.
- (5) For other procurement, $3,136,918,000.
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, $7,420,847,000.
- (2) For weapons, including missiles and torpedoes, $1,192,195,000.
- (3) For shipbuilding and conversion, $5,992,361,000.
- (4) For other procurement, $3,969,507,000.
- (b) MARINE CORPS- Funds are hereby authorized to be appropriated
for fiscal year 1999 for procurement for the Marine Corps in the amount
of $691,868,000.
- (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 $451,968,000.
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, $8,219,077,000.
- (2) For missiles, $2,234,668,000.
- (3) For ammunition, $383,627,000.
- (4) For other procurement, $7,046,372,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
- Funds are hereby authorized to be appropriated for fiscal year 1999
for Defense-wide procurement in the amount of $1,962,866,000.
SEC. 105. RESERVE COMPONENTS.
- Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement of aircraft, vehicles, communications equipment, and other
equipment for the reserve components of the Armed Forces as follows:
- (1) For the Army National Guard, $50,000,000.
- (2) For the Air National Guard, $50,000,000.
- (3) For the Army Reserve, $50,000,000.
- (4) For the Naval Reserve, $50,000,000.
- (5) For the Air Force Reserve, $50,000,000.
- (6) For the Marine Corps Reserve, $50,000,000.
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 $834,000,000 for--
- (1) the destruction of lethal chemical agents and munitions in accordance
with section 1412 of the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
- (2) the destruction of chemical warfare materiel of the United States
that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
- Funds are hereby authorized to be appropriated for fiscal year 1999
for the Department of Defense for procurement for carrying out health care
programs, projects, and activities of the Department of Defense in the
total amount of $402,387,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
- Funds are hereby authorized to be appropriated for fiscal year 1999
for the Department of Defense for carrying out the Defense Export Loan
Guarantee Program under section 2540 of title 10, United States Code, in
the total amount of $1,250,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR LONGBOW HELLFIRE MISSILE PROGRAM.
- Beginning with the fiscal year 1999 program year, the Secretary
of the Army may, in accordance with section 2306b of title 10, United States
Code, enter into a multiyear procurement contract for procurement of the
AGM-114 Longbow Hellfire missile.
SEC. 112. M1A2 SYSTEM ENHANCEMENT PROGRAM STEP 1 PROGRAM.
- Of the funds authorized to be appropriated for the Army in section
101 for weapons and tracked combat vehicles, $20,300,000 shall be available
only for the Step 1 program for the M1A2 System Enhancement Program.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPARTMENT 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.
Subtitle D--Other Matters
SEC. 141. FUNDING, TRANSFER, AND MANAGEMENT OF THE ASSEMBLED CHEMICAL WEAPONS ASSESSMENT PROGRAM.
- (a) FUNDING- Of the amount authorized to be appropriated in section
107, $12,600,000 shall be available for the Assembled Chemical Weapons
Assessment Program (in this section referred to as the `Program').
- (b) TRANSFER OF PROGRAM RESPONSIBILITY- (1) The Under Secretary
of Defense for Acquisition and Technology and the Secretary of the Army
shall jointly submit to Congress, not later than December 1, 1998, a plan
for the transfer of oversight of the Program from the Under Secretary to
the Secretary.
- (2) Oversight of the Program shall be transferred pursuant to the
plan submitted under paragraph (1) not later than 60 days after the date
of the submission of the notice required under section 152(f)(2) of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 214; 50 U.S.C. 1521(f)(2)).
- (c) 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).
- (d) MANAGEMENT OF PROGRAM- The Program shall be managed independently
of the baseline incineration program until the pilot program is completed.
- (e) DEFINITION- In this section, the term `Assembled Chemical Weapons
Assessment Program' means the program established in section 152(e) of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 214; 50 U.S.C. 1521), and section 8065 of the Department
of Defense Appropriations Act, 1997 (as contained in section 101 of Public
Law 104-208; 110 Stat. 3009-101), for identifying and demonstrating alternatives
to the baseline incineration process for the demilitarization of assembled
chemical munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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, development, test,
and evaluation as follows:
- (1) For the Army, $4,791,997,000.
- (2) For the Navy, $8,377,059,000.
- (3) For the Air Force, $13,785,401,000.
- (4) For Defense-wide activities, $9,283,515,000, of which--
- (A) $251,106,000 is authorized for the activities of the Director,
Test and Evaluation; and
- (B) $29,245,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
- (a) FISCAL YEAR 1999- Of the amounts authorized to be appropriated
by section 201, $3,078,251,000 shall be available for basic research and
applied research projects.
- (b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED- For purposes of
this section, the term `basic research and applied research' means work
funded in program elements for defense research and development under Department
of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MANAGEMENT RESPONSIBILITY FOR NAVY MINE COUNTERMEASURES 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 inserting in lieu thereof `through
2003'.
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 for research, development, test, evaluation, and insertion
into the CVN-77 nuclear aircraft carrier program of technologies designed
to transition to, demonstrate 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- Section 2525(d)(1) of
title 10, United States Code, is amended--
- (1) by inserting `(A)' after `(1)'; 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 Government 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- Section 2525(d)(2)
of such title is amended--
- (1) by redesignating subparagraphs (A), (B), and (C) as clauses
(i), (ii), and (iii), respectively;
- (2) by inserting `(A)' after `(2)'; and
- (3) by adding at the end the following new subparagraphs:
- `(B) For any grant awarded or contract, cooperative agreement, or
other transaction entered into on a basis other than a cost-sharing basis
because of a determination made under subparagraph (A), the transaction
file for the project concerned must document the rationale for the determination.
- `(C) The Secretary of Defense may delegate the authority to make
determinations under subparagraph (A) only to the Under Secretary of Defense
for Acquisition and Technology or a service acquisition executive, as appropriate.'.
- (c) COST SHARE GOAL- Section 2525(d) of such title 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- Section
2525(e)(1) of such title is amended--
- (1) by striking `and' at the end of subparagraph (A);
- (2) by striking the period at the end of subparagraph (B) and inserting
`; and'; and
- (3) by inserting at the end the following new subparagraph:
- `(C) the extent of cost sharing in the manufacturing technology
program by companies in the private sector, weapons system program offices
and other defense program offices, Federal agencies other than the Department
of Defense, nonprofit institutions and universities, and other sources.'.
Subtitle C--Ballistic Missile Defense
SEC. 231. NATIONAL MISSILE DEFENSE POLICY.
- (a) FINDINGS- Congress makes the following findings:
- (1) Threats posed by ballistic missiles and weapons of mass destruction
to the national territory of the United States continue to grow as the
trend in ballistic missile proliferation and development is toward longer
range and increasingly sophisticated missiles.
- (2) Russian and Chinese sources continue to proliferate missile
and other advanced technologies.
- (3) North Korea is developing the Taepo-Dong 2 missile, which would
have a range sufficient to strike Alaska and Hawaii, and other countries
hostile to the United States, including Iran, Libya, and Iraq, have demonstrated
an interest in acquiring or developing ballistic missiles capable of reaching
the United States.
- (4) Russia's increased reliance on nuclear forces to compensate
for the decline of its conventional forces and uncertainty regarding command
and control of those nuclear forces increase the possibility of an accidental
or unauthorized launch of Russian ballistic missiles.
- (5) The United States could be deterred from effectively promoting
or protecting its national interests around the world if any State or territory
of the United States is vulnerable to long-range ballistic missiles deployed
by nations hostile to the United States.
- (b) SENSE OF CONGRESS CONCERNING NATIONAL MISSILE DEFENSE POLICY-
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 plan includes sufficient programmed funding
for that system to complete the design and development phase. If the Secretary
does not submit such a certification by January 1, 1999, then (effective
as of that date) the funds appropriated for fiscal year 1999 for the Ballistic
Missile Defense Organization that are allocated for the MEADS program shall
be available to support modification of the Patriot Advanced Capability-3,
Configuration 3, so as to support the requirement for mobile theater missile
defense to be met by the MEADS system.
SEC. 233. LIMITATION ON FUNDING FOR COOPERATIVE BALLISTIC MISSILE 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. LIMITATION ON FUNDING FOR COUNTERPROLIFERATION SUPPORT.
- None of the funds appropriated for fiscal year 1999 for counterproliferation
support in Program Element 63160BR may be obligated until the Secretary
of Defense submits to Congress the report required by section 234 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1664; 50 U.S.C. 2367) to be submitted not later than January
30, 1998.
SEC. 235. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
- (a) BMD PROGRAM ELEMENTS- (1) Chapter 9 of title 10, United States
Code, is amended by inserting after section 222 the following new section:
`Sec. 223. Ballistic missile defense programs
- `(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 elements:
- `(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 Missile Defense major defense
acquisition programs shall be specified in individual, dedicated program
elements, and amounts appropriated 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 support 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.'.
- (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.
TITLE III--OPERATION AND MAINTENANCE
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, $16,339,700,000.
- (2) For the Navy, $21,839,328,000.
- (3) For the Marine Corps, $2,539,703,000.
- (4) For the Air Force, $18,816,108,000.
- (5) For Defense-wide activities, $10,354,216,000.
- (6) For the Army Reserve, $1,197,622,000.
- (7) For the Naval Reserve, $948,639,000.
- (8) For the Marine Corps Reserve, $116,993,000.
- (9) For the Air Force Reserve, $1,747,696,000.
- (10) For the Army National Guard, $2,464,815,000.
- (11) For the Air National Guard, $3,096,933,000.
- (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, $377,640,000.
- (15) For Environmental Restoration, Navy, $281,600,000.
- (16) For Environmental Restoration, Air Force, $379,100,000.
- (17) For Environmental Restoration, Defense-wide, $26,091,000.
- (18) For Environmental Restoration, Formerly Used Defense Sites,
$195,000,000.
- (19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$47,311,000.
- (20) For Drug Interdiction and Counter-drug Activities, Defense-wide,
$727,582,000.
- (21) For the Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Trust Fund, $15,000,000.
- (22) For Defense Health Program, $9,663,035,000.
- (23) Former Soviet Union Threat Reduction programs, $417,400,000.
- (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 Retirement Home, including the United
States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
- (a) TRANSFER AUTHORITY- To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred 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 transfer authority
provided in this section is in addition to the transfer authority provided
in section 1001.
SEC. 305. REFURBISHMENT OF M1-A1 TANKS.
- Of the amount authorized to be appropriated pursuant to section
301(1) for operation and maintenance for the Army, $31,000,000 shall be
available only for the refurbishment of up to 70 M1-A1 tanks under the
AIM-XXI program.
SEC. 306. OPERATION OF PREPOSITIONED FLEET, NATIONAL TRAINING CENTER, FORT IRWIN, CALIFORNIA.
- Of the amount authorized to be appropriated pursuant to section
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. 307. RELOCATION OF USS WISCONSIN.
- Of the amount authorized to be appropriated pursuant to section
301(2) for operation and maintenance for the Navy, $6,000,000 may be available
for the purpose of relocating the USS WISCONSIN, which is currently in
a reserve status at the Norfolk Naval Shipyard, Virginia, to a suitable
location in order to increase available berthing space at the shipyard.
SEC. 308. FISHER HOUSE TRUST FUNDS.
- Funds are hereby authorized to be appropriated for fiscal year 1999,
out of funds in Fisher House Trust Funds not otherwise appropriated, for
the operation of Fisher houses described in section 2221(d) of title 10,
United States Code, as follows:
- (1) From the Fisher House Trust Fund, Department of the Army, $250,000
for Fisher houses that are located in proximity to medical treatment facilities
of the Army.
- (2) From the Fisher House Trust Fund, Department of the Navy, $150,000
for Fisher houses that are located in proximity to medical treatment facilities
of the Navy.
- (3) From the Fisher House Trust Fund, Department of the Air Force,
$150,000 for Fisher houses that are located in proximity to medical treatment
facilities of the Air Force.
Subtitle B--Information Technology Issues
SEC. 311. ADDITIONAL INFORMATION TECHNOLOGY RESPONSIBILITIES 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:
`Sec. 2223. Information technology: additional responsibilities of Chief Information Officers
- `(a) ADDITIONAL RESPONSIBILITIES- In addition to the responsibilities
provided for in chapter 35 of title 44 and in section 5125 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1425)--
- `(1) the Chief Information Officer of the Department of Defense,
with respect to the elements of the Department of Defense other than the
military departments, shall--
- `(A) review and provide recommendations to the Secretary of Defense
on Department of Defense budget requests for information technology and
national security systems;
- `(B) ensure the interoperability of information technology and national
security systems throughout the Department of Defense; and
- `(C) ensure that information technology and national security systems
standards that will apply throughout the Department of Defense are prescribed;
and
- `(2) the Chief Information Officer of each military department,
with respect to the military department concerned, shall--
- `(A) review budget requests for all information technology and national
security systems;
- `(B) ensure that information technology and national security systems
are in compliance with standards of the Government and the Department of
Defense;
- `(C) ensure that information technology and national security systems
are interoperable with other relevant information technology and national
security systems of the Government and the Department of Defense;
- `(D) provide for the elimination of duplicate information technology
and national security systems within and between the military departments
and Defense Agencies; and
- `(E) coordinate with the Joint Staff with respect to information
technology and national security systems.
- `(b) DEFINITIONS- In this section:
- `(1) The term `Chief Information Officer' means the senior official
designated by the Secretary of Defense or a Secretary of a military department
pursuant to section 3506 of title 44.
- `(2) The term `information technology' has the meaning given that
term by section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
- `(3) The term `national security system' has the meaning given that
term by section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).'.
- (2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
- `2223. Information technology: additional responsibilities of Chief
Information Officers.'.
- (b) EFFECTIVE DATE- Section 2223 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1998.
SEC. 312. DEFENSE-WIDE ELECTRONIC MALL SYSTEM FOR SUPPLY PURCHASES.
- (a) ELECTRONIC MALL SYSTEM- 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- Using existing systems and technology
available in the Department of Defense, the Defense Logistics Agency shall
develop a single, defense-wide electronic mall system. The Defense Logistics
Agency shall be responsible for the management of the resulting electronic
mall system. The Secretary of each military department and the head of
each Defense Agency shall provide to the Defense Logistics Agency the necessary
and requested data to support the development and operation of the electronic
mall system.
- (c) IMPLEMENTATION DATE- The electronic mall system shall be operational
and available throughout the Department of Defense not later than June
1, 1999. After that date, a military department or Defense Agency (other
than the Defense Logistics Agency) may not develop or operate an electronic
mall system.
SEC. 313. PROTECTION OF FUNDING PROVIDED FOR CERTAIN INFORMATION TECHNOLOGY AND NATIONAL SECURITY PROGRAMS.
- (a) USE FOR SPECIFIED PURPOSES- Of the amounts authorized to be
appropriated to the Department of Defense for fiscal years 1999, 2000,
and 2001 for information technology and national security programs of the
Department of Defense, not less than the amount specified in subsection
(b) shall be available for each such fiscal year for the purposes of the
information technology and national security programs described in such
subsection, unless an alternative use of the funds is specifically approved
by a law enacted after the date of the enactment of the law originally
authorizing the funds.
- (b) COVERED PROGRAMS AND AMOUNTS- The information technology and
national security programs referred to in subsection (a), and the amounts
to be available for each program, are the following:
- (1) The Force XXI program of the Army, $360,000,000.
- (2) The Information Technology for the 21st Century programs of
the Navy, $472,000,000.
- (3) The Communications Infrastructure programs of the Air Force,
$228,500,000.
- (4) The Telecom and Computing Infrastructure programs of the Marine
Corps, $93,000,000.
- (c) DEFINITIONS- In 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 the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
SEC. 314. PRIORITY FUNDING TO ENSURE YEAR 2000 COMPLIANCE OF MISSION CRITICAL INFORMATION TECHNOLOGY AND NATIONAL SECURITY SYSTEMS.
- (a) FUNDS FOR COMPLETION OF YEAR 2000 CONVERSION- (1) Of the amounts
authorized to be appropriated pursuant to this Act for information technology
and national security systems of the Department of Defense designated as
mission critical, not more than 25 percent may be used to fund activities
unrelated to ensuring that the awareness, assessment, and renovation phases
of year 2000 conversion for such information technology and national security
systems are completed.
- (2) Of the amounts authorized to be appropriated pursuant to this
Act for information technology and national security systems of the Department
of Defense (other than information technology and national security systems
covered by paragraph (1)), not less than $1,000,000,000 shall be available
only for transfer to support activities to ensure that the awareness, assessment,
renovation, and validation phases of year 2000 conversion for information
technology and national security systems covered by paragraph (1) are completed.
- (b) EXCEPTIONS- (1) This section does not apply to or affect funding
for information technology and national security programs identified in
section 313(b).
- (2) The Secretary of Defense may authorize expenditures in excess
of the 25 percent limitation specified in subsection (a)(1) if the Secretary
determines that additional expenditures are required to prevent the failure
of the information technology or national security system and provides
prior notice to Congress of the reasons for the additional expenditures.
- (c) TERMINATION- (1) On the date on which the Secretary of Defense
determines that the year 2000 renovation phase has been completed for a
particular information technology or national security system covered by
paragraph (1) of subsection (a), such paragraph shall cease to apply to
that information technology or national security system.
- (2) Paragraph (2) of such subsection shall cease to apply on the
date on which the Secretary of Defense determines that all of the information
technology and national security systems covered by paragraph (1) of such
subsection are fully funded through the validation phase of year 2000 conversion,
have an established contingency plan, and have completed a point of origin
to point of execution evaluation.
- (d) COMPTROLLER GENERAL REVIEW- Not later than January 30, 1999,
the Comptroller General shall submit to Congress a briefing containing
the following:
- (1) Separate lists of each information technology and national security
system of the Department of Defense covered by subsection (a)(1) for which
the renovation phase of year 2000 conversion is not completed by December
30, 1998.
- (2) A evaluation of the effect of subsection (a) on the year 2000
conversion success rate.
- (3) A list of each information technology and national security
system covered by subsection (a)(1) that will not achieve year 2000 compliance
by September 30, 1999.
- (4) An explanation of how the military departments, the Joint Chiefs
of Staff, and Defense Agencies are applying the definition of mission critical.
- (5) Recommendations regarding the manner in which funding could
best be allocated to achieve year 2000 compliance for the greatest number
of information technology and national security systems covered by subsection
(a)(1).
- (e) DEFINITIONS- In 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 the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
- (3) The term `mission critical' means an information technology
or national security system of the Department of Defense identified as
mission critical in the table prepared by the Joint Chiefs of Staff entitled
`Mission Critical Systems (All Services/Agencies)', dated March 20, 1998,
or in the table printed by the Defense Integrated Support Tool entitled
`Year 2000 Information on Mission Critical Systems', dated March 19, 1998.
- (4) The terms `awareness', `assessment', `renovation', and `validation'
have the meanings given the terms in the Department of Defense `Year 2000
Management Plan', version 1.0, released in April 1997.
SEC. 315. EVALUATION OF YEAR 2000 COMPLIANCE AS PART OF TRAINING EXERCISES PROGRAMS.
- (a) REPORT ON EVALUATION PLAN- Not later than December 15, 1998,
the Secretary of Defense shall submit to Congress a report containing a
plan to include a simulated year 2000 as part of the military exercises
described in subsection (b) in order to evaluate, in an operational environment,
the extent to which information technology and national security systems
involved in the exercises will successfully operate, including the ability
of the systems to access and transmit information from point of origin
to point of termination, during the actual year 2000.
- (b) COVERED MILITARY EXERCISES- A military exercise referred to
in subsection (a) 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.
- (c) ELEMENTS OF REPORT- The report under subsection (a) shall include
the following:
- (1) A list of all military exercises described in subsection (b)
to be conducted during the period specified in such subsection.
- (2) A description of the manner in which the year 2000 will be simulated
for information technology and national security systems involved in each
military exercise.
- (3) The duration of the year 2000 simulation in each military exercise.
- (4) The methodology to be used in turning over the information technology
and national security systems to the year 2000 in order to best identify
those systems that fail to operate reliably during the military exercise.
- (5) A list of the information technology and national security systems
excluded from the plan under subsection (d)(1), including how the military
exercise will utilize an excluded system's year 2000 contingency plan.
- (6) A list of the exercises and information technology and national
security systems excluded from the plan under subsection (d)(2), and a
description of the effect that continued year 2000 noncompliance of the
systems would have on military readiness.
- (d) EXCLUSIONS- (1) Subsection (a) shall not apply to an information
technology or national security system if the Secretary of Defense determines
that the system will be incapable of performing reliably during the year
2000 simulation portion of the military exercise. In the case of each excluded
system, the system may not be used during the period of the year 2000 simulation.
Instead, the excluded system shall be replaced by the year 2000 contingency
plan for the system.
- (2) If the mission of a military exercise will be seriously hampered
by the number of information technology and national security systems covered
by paragraph (1), the Secretary of Defense may exclude the entire exercise
from the requirements of subsection (a).
- (3) Subsection (a) shall not apply to an information technology
or national security system with cryptological applications.
- (4) If the decision to exclude a military exercise or information
technology or national security system is made under paragraph (1) or (2)
after the date of the submission of the report required by subsection (a),
the Secretary of Defense shall notify Congress of the exclusion not later
than two weeks before commencing the military exercise. The notification
shall include the information required under paragraph (5) or (6) of subsection
(c), depending on whether the exclusion covers the entire exercise or particular
information technology and national security systems.
- (e) 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, describing the potential
information that will be collected as a result of implementation of the
plan, and describing the impact that the plan will have on military readiness.
- (f) DEFINITIONS- In 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 the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).
Subtitle C--Environmental Provisions
SEC. 321. AUTHORIZATION TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL CLEANUP AT FORMER DEPARTMENT OF DEFENSE SITES IN CANADA.
- (a) AUTHORIZATION- To the extent provided in appropriations Acts,
the Secretary of Defense may pay an amount to the Government of Canada
of not more than $100,000,000 (in fiscal year 1996 constant dollars), for
purposes of implementing the October 1996 negotiated settlement between
the United States and Canada relating to environmental cleanup at various
sites in Canada that were formerly used by the Department of Defense.
- (b) METHOD OF PAYMENT- The amount authorized by subsection (a) shall
be paid in 10 annual payments, with the first payment made from amounts
appropriated for fiscal year 1998.
- (c) FISCAL YEAR 1998 PAYMENT- The payment under this section 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).
- (d) FISCAL YEAR 1999 PAYMENT- The payment under this section for
fiscal year 1999 shall be made from amounts appropriated pursuant to section
301(5).
- (e) LIMITATION- The authorization provided in this section shall
not be construed as setting a precedent for payment under a treaty of an
environmental claim made by another nation, unless the Senate has given
its consent to the ratification of the treaty.
SEC. 322. REMOVAL OF UNDERGROUND STORAGE TANKS.
- Of the amount authorized to be appropriated pursuant to section
301(18) (relating to environmental restoration of formerly used defense
sites), the Secretary of the Army may use not more than $150,000 for the
removal of underground storage tanks at the Authorities Allied Industrial
Park, Macon, Georgia.
Subtitle D--Defense Infrastructure Support Improvement
SEC. 331. REPORTING AND STUDY REQUIREMENTS BEFORE CHANGE OF COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR PERFORMANCE.
- (a) IN GENERAL- Section 2461 of title 10, United States Code, is
amended--
- (1) by redesignating subsection (c) as subsection (h) and transferring
such subsection to appear after subsection (g); and
- (2) by striking out subsections (a) and (b) and inserting in lieu
thereof the following new subsections:
- `(a) REPORTING AND STUDY 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 a private
contractor or changed to procurement through a private contractor until
the Secretary of Defense fully complies with the reporting and study requirements
specified in subsections (b) and (c).
- `(b) NOTIFICATION AND ELEMENTS OF STUDY- (1) Before commencing to
study a commercial or industrial type function described in subsection
(a) for possible change to performance by a private contractor or possible
change to procurement through a private contractor, the Secretary of Defense
shall submit to Congress a report containing the following:
- `(A) The function to be studied 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 study.
- `(E) A certification that the performance of the commercial or industrial
type function by civilian employees of the Department of Defense is not
precluded due to any constraint or limitation in terms of man years, end
strengths, full-time equivalent positions, or maximum number of employees.
- `(2) The responsibility of the Secretary of Defense to submit the
report required under paragraph (1) may be delegated only to senior acquisition
executives or higher officials for the military departments and the Defense
Agencies.
- `(3) The study of a commercial or industrial type function for possible
change in performance shall include the following:
- `(A) A comparison of the cost of performance of the function by
Department of Defense civilian employees and by private contractor to demonstrate
whether change to performance by a private contractor or change to procurement
through a private contractor will result in savings to the Government over
the life of the contract, including in the comparison--
- `(i) the amount estimated by the Secretary of Defense (based on
bids received) to be the amount of a contract for performance of the function
by a private contractor;
- `(ii) the cost to the Government of Department of Defense civilian
employees performing the function; and
- `(iii) the costs and expenditures which the Government would incur
(in addition to the amount of the contract) because of the award of such
a contract.
- `(B) An examination of the potential economic effect of performance
of the function by a private contractor--
- `(i) on employees who would be affected by such a change in performance;
and
- `(ii) on the local community and the Government, if more than 75
employees perform the function.
- `(C) An examination of the effect of performance of the function
by a private contractor on the military mission of the function.
- `(4) If the commercial or industrial type function at issue involves
a working-capital fund in the Department of Defense and the study concerns
the possible procurement by a requisitioning agency of services or supplies
from a private contractor instead of the working-capital fund, in lieu
of the comparison required by paragraph (3), the study shall include a
comparison of the sources of the services or supplies to determine which
source is more cost-effective for the requisitioning agency.
- `(5) An individual or entity at a facility where a commercial or
industrial type function is studied for possible change in performance
may raise an objection to the study on the grounds that the report required
under paragraph (1) as a precondition for the study does not contain the
certification required by subparagraph (E) of such paragraph. The objection
may be raised at any time during the course of the study, shall be in writing,
and shall be submitted to the Secretary of Defense. If the Secretary determines
that the certification was omitted, the commercial or industrial type function
covered by the study may not be the subject of request for proposal or
award of a contract until a certification is made that fully complies with
paragraph (1)(E) and the other requirements of this section are satisfied.
- `(c) NOTIFICATION OF DECISION- (1) If, as a result of the completion
of a study under subsection (b)(3), a decision is made to change the commercial
or industrial type function that was the subject of the study to performance
by a private contractor or to procurement through a private contractor,
the Secretary of Defense shall submit to Congress a report describing that
decision. The report shall--
- `(A) indicate that the study under subsection (b)(3) has been completed;
- `(B) certify that the Government calculation for the cost of performance
of the function by Department of Defense civilian employees is based on
an estimate of the most efficient and cost effective organization for performance
of the function by Department of Defense civilian employees;
- `(C) certify that the comparison required by subsection (b)(3)(A)
(or alternatively by subsection (b)(4)) as part of the study demonstrates
that the performance of the function by a private contractor or procurement
of the function through a private contractor will result in savings to
the Government over the life of the contract;
- `(D) certify that the entire comparison is available for examination;
and
- `(E) contain a timetable for completing change of the function to
contractor performance.
- `(2) The actual change of the function to contractor performance
may not begin until after the submission of the report required by this
subsection.'.
- (b) CONFORMING AMENDMENTS- (1) Subsections (e)(2) and (f)(1) of
such section are amended by striking out `converted' and inserting in lieu
thereof `changed'.
- (2) Subsection (f)(2) of such section is amended by striking out
`conversion' and inserting in lieu thereof `change'.
- (c) EFFECTIVE DATE- The amendments made by this section shall take
effect on the date of the enactment of this Act but shall not apply with
respect to 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. 332. CLARIFICATION OF REQUIREMENT TO MAINTAIN GOVERNMENT-OWNED AND GOVERNMENT-OPERATED CORE LOGISTICS CAPABILITY.
- Section 2464 of title 10, United States Code, is amended by adding
at the end the following new subsection:
- `(c) RULE OF CONSTRUCTION- The requirement under subsection (a)
that the Department of Defense maintain a core logistics capability that
is Government-owned and Government-operated is not satisfied when a core
logistics workload is converted to contractor performance even though the
actual performance of the workload will be carried out in a Government-owned,
Government-operated facility of the Department of Defense as a subcontractor
of the private contractor. Nothing in section 2474 of this title or section
337 of the National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2717) authorizes the use of subcontracts as a means
to provide workloads to Government-owned, Government-operated facilities
of the Department of Defense in order to satisfy paragraph (4) of subsection
(a).'.
SEC. 333. OVERSIGHT OF DEVELOPMENT AND IMPLEMENTATION OF AUTOMATED IDENTIFICATION TECHNOLOGY.
- (a) SMARTCARD PROGRAM DEFINED- In this section, the term `smartcard
program' means an automated identification technology program, including
any pilot program, employing one or more of the following technologies:
- (1) Magnetic stripe.
- (2) Bar codes, both linear and two-dimensional (including matrix
symbologies).
- (3) Smartcard.
- (4) Optical memory.
- (5) Personal computer memory card international association carriers.
- (6) Other established or emerging automated identification technologies,
including biometrics and radio frequency identification.
- (b) OVERSIGHT RESPONSIBILITY- (1) The Smartcard Technology Office
established in the Defense Human Resources Field Activity of the Department
of Defense shall be responsible for--
- (A) overseeing the development and implementation of all smartcard
programs in the Department; and
- (B) coordinating smartcard programs with the Joint Staff, the Secretaries
of the military departments, and the directors of the Defense Agencies.
- (2) After the date of the enactment of this Act, funds appropriated
for the Department of Defense may not be obligated for a smartcard program
unless the program is reviewed and approved by the Smartcard Technology
Office. The review and approval before that date of a smartcard program
by the Office is sufficient to satisfy the requirements of this paragraph.
- (c) TYPES OF OVERSIGHT- As part of its oversight responsibilities,
the Smartcard Technology Office shall establish standards designed--
- (1) to ensure the compatibility and interoperability of smartcard
programs in the Department of Defense; and
- (2) to identify and terminate redundant, unfeasible, or uneconomical
smartcard programs.
SEC. 334. CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED UNDER PRIME VENDOR CONTRACTS.
- (a) PRIME VENDOR CONTRACT DEFINED- For purposes of this section,
the term `prime vendor contract' means an innovative contract that gives
a defense contractor the responsibility to manage, store, and distribute
inventory, manage and provide services, or manage and perform research,
on behalf of the Department of Defense on a frequent, regular basis, for
users within the Department on request. The term includes contracts commonly
referred to as prime vendor support contracts, flexible sustainment contracts,
and direct vendor delivery contracts.
- (b) CONDITIONS ON EXPANDED USE- If the Secretary of Defense or the
Secretary of a military department proposes to enter into a prime vendor
contract for a hardware system, including the performance or management
of depot-level maintenance and repair (as defined in section 2460 of title
10, United States Code) or logistics management responsibilities, the Secretary
may not enter into the prime vendor contract until the end of the 60-day
period beginning on the date on which the Secretary submits to Congress
a report, specific to that proposal, that--
- (1) describes the competitive procedures to be used to award the
prime vendor contract;
- (2) evaluates the effect of the prime vendor contract on working-capital
funds in the Department of Defense; and
- (3) contains a cost/benefit analysis that demonstrates that use
of the prime vendor contract will result in savings to the Government over
the life of the contract.
- (c) COMPTROLLER GENERAL REVIEW- During the waiting period provided
in subsection (b) for a proposed prime vendor contract, the Comptroller
General shall review the report submitted under subsection (b) with respect
to that contract and submit to Congress a report regarding--
- (1) whether the cost savings to the Government identified in the
report submitted under subsection (b) are achievable; and
- (2) whether use of a prime vendor contract will comply with the
requirements of chapter 146 of title 10, United States Code, applicable
to depot-level maintenance and repair.
- (d) RELATIONSHIP TO OTHER LAWS- Nothing in this section shall be
construed to exempt a prime vendor contract
SEC. 335. CLARIFICATION OF DEFINITION OF DEPOT-LEVEL MAINTENANCE 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'.
SEC. 336. CLARIFICATION OF COMMERCIAL ITEM EXCEPTION TO REQUIREMENTS REGARDING CORE LOGISTICS CAPABILITIES.
- Section 2464(a)(5) of title 10, United States Code, is amended--
- (1) by inserting `(A)' after `(5)';
- (2) by adding at the end of subparagraph (A), as so designated,
the following: `The determination of whether a modification is minor shall
be based on a comparison of only the critical systems of the version sold
in the commercial marketplace and the version purchased by the Government,
and a modification may not be considered to be minor unless at least 90
percent of the total content by component value remains identical.'; and
- (3) by adding at the end the following new subparagraph:
- `(B) In this paragraph, the term `substantial quantities' means,
with respect to determining whether an item is a commercial item, that
purchases and leases of the item to the general public constitute the majority
of all transactions involving the item at the time the exception under
paragraph (3) is proposed to be exercised.'.
SEC. 337. DEVELOPMENT OF PLAN FOR ESTABLISHMENT OF CORE LOGISTICS CAPABILITIES FOR MAINTENANCE AND REPAIR OF C-17 AIRCRAFT.
- (a) FINDINGS- Congress finds the following:
- (1) The C-17 aircraft, which is replacing the C-141 aircraft, will
serve as the cornerstone of heavy airlift capability of the Armed Forces.
- (2) The C-17 aircraft achieved initial operational capability in
January 1995 and will complete the significant fourth year of its operational
capability in January 1999.
- (3) As provided in section 2464(a)(3) of title 10, United States
Code, the C-17 aircraft is a weapon system that is `necessary to enable
the armed forces to fulfill the strategic and contingency plans prepared
by the Chairman of the Joint Chiefs of Staff'.
- (4) The depot-level maintenance and repair of such a weapon system
must be performed at Government-owned, Government-operated facilities of
the Department of Defense in order to maintain the core logistics capabilities
of the Department of Defense, as required under such section 2464.
- (5) The sole-source contract entered into in January 1998 regarding
the depot-level maintenance and repair of C-17 aircraft and related tasks,
known as the Interim Contract for the C-17 Flexible Sustainment Program,
does not meet the requirements of law.
- (b) PLAN REQUIRED- Not later than March 1, 1999, the Secretary 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.
- (c) 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 until after the end of the 60-day period beginning
on the date the plan required by subsection (b) is received by Congress.
- (d) COMPTROLLER GENERAL REVIEW- During the period specified in subsection
(c), the Comptroller General shall review the plan required under subsection
(b) and submit to Congress a report evaluating the merits of the plan.
SEC. 338. 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 (COCESS) program of the Department of the
Air Force for the purpose of--
- (A) maintaining inventories of civil engineering supplies 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 management and relieve the
- (2) Contractor-operated civil engineering supply stores are designed
to support the civil engineering and public works efforts of the Armed
Forces through the provision of quality civil engineering supplies at competitive
prices and within a reasonable period of time.
- (3) Through the use of a contractor-operated civil engineering supply
store, a guaranteed inventory level of civil engineering supplies is maintained
at a military installation, which ensures that urgently needed civil engineering
supplies are available on site.
- (4) The contractor operating the contractor-operated civil engineering
supply store is an independent business organization 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 engineering supply store may not
be combined with another supply function or any service function, including
any base operating support function, for purposes of competition or contracting,
until--
- (1) the Secretary of Defense submits to Congress a report--
- (A) notifying Congress of the proposed combined competition or contract;
and
- (B) explaining why a combined competition or contract is the best
method by which to achieve cost savings and efficiencies to the Government;
and
- (2) the Comptroller General reviews the report and submits to Congress
a briefing regarding whether the cost savings and efficiencies identified
in the report are achievable.
- (d) RELATIONSHIP TO OTHER LAWS- If a civil engineering supplies
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. 339. REPORT ON SAVINGS AND EFFECT OF PERSONNEL REDUCTIONS IN ARMY MATERIEL COMMAND.
- (a) REPORT REQUIRED- Not later than March 31, 1999, the Comptroller
General shall submit to the congressional defense committees a report concerning--
- (1) the effect that the proposed personnel reductions in the Army
Materiel Command will have on workload and readiness if implemented; and
- (2) the likelihood that the cost savings projected to occur from
such reductions will actually be achieved.
- (b) DELAY IN IMPLEMENTATION OF REDUCTIONS PENDING REPORT- During
the period specified in subsection (c), the Secretary of Defense and the
Secretary of the Army may not commence personnel reductions based on the
guidelines contained in the May 1997 report of the Quadrennial Defense
Review (including the National Defense Panel) prepared pursuant to subtitle
B of title IX of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 10 U.S.C. 111 note) at any Army Material Command
facility that provides depot-level maintenance and repair or at any Army
Arsenal.
- (c) DURATION OF DELAY- Subsection (b) applies only during the period
beginning on the date of the enactment of this Act and ending on the earlier
of the following:
- (1) March 31, 1999.
- (2) The date on which the report required by subsection (a) is submitted.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. CONTINUATION OF MANAGEMENT AND FUNDING OF DEFENSE COMMISSARY AGENCY THROUGH THE OFFICE OF THE SECRETARY OF DEFENSE.
- 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- Notwithstanding
the results of the periodic review required under subsection (c) with regard
to the Defense Commissary Agency, the Secretary of Defense may not transfer
to the Secretary of a military department 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 specifically authorized by a law enacted after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1999.'.
SEC. 342. EXPANSION OF CURRENT ELIGIBILITY OF RESERVES FOR COMMISSARY BENEFITS.
- (a) DAYS OF ELIGIBILITY FOR READY RESERVE MEMBERS WITH 50 CREDITABLE
POINTS- Section 1063 of title 10, United States Code, is amended--
- (1) by striking out subsection (b); and
- (2) in subsection (a)--
- (A) by striking out `(1)';
- (B) by striking out `12 days of eligibility' and inserting in lieu
thereof `24 days of eligibility'; and
- (C) by striking out `(2) Paragraph (1)' and inserting in lieu thereof
`(b) EFFECT OF COMPENSATION OR TYPE OF DUTY- Subsection (a)'.
- (b) DAYS OF ELIGIBILITY FOR RESERVE RETIREES UNDER AGE 60- Section
1064 of such title is amended by
- (c) ELIGIBILITY OF MEMBERS OF NATIONAL GUARD SERVING IN FEDERALLY
DECLARED DISASTER- Chapter 54 of such title is amended by inserting after
section 1063 the following new section:
`Sec. 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 permitted 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 Emergency Assistance Act (42 U.S.C. 5170).
- `(2) MWR RETAIL FACILITIES- The term `MWR retail facilities' means
exchange stores and other revenue-generating facilities operated by nonappropriated
fund activities of the Department of Defense for the morale, welfare, and
recreation of members of the armed forces.'.
- (d) SECTION HEADINGS- (1) The heading of section 1063 of such title
is amended to read as follows:
`Sec. 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:
`Sec. 1064. Use of commissary stores: persons qualified for retired pay under chapter 1223 but under age 60'.
- (e) CLERICAL AMENDMENT- The table of sections at the beginning 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. 343. 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 beginning of
chapter 939 of such title is amended by striking out the item relating
to section 9623.
SEC. 344. 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 amended by adding at the
end the following new section:
`Sec. 2491. Overseas commissary and exchange stores: access and purchase restrictions
- `(a) GENERAL AUTHORITY- 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 category if the Secretary determines that such restrictions
are necessary to prevent the resale of such merchandise in violation of
host nation laws or treaty obligations of the United States. In establishing
a quantity or other restriction, the Secretary 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 the National Defense
Authorization Act for Fiscal Year 1999, 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) SPECIAL RULES FOR KOREA- (1) The Secretary of Defense may not
prohibit a dependent who resides in Korea, is at least 21 years of age,
and is otherwise eligible to use the commissary and exchange system, from
purchasing alcoholic beverages through the commissary and exchange system.
Quantity restrictions on the purchase of alcoholic beverages may be imposed,
and any such restriction
- `(2) A dependent residing in Korea who is at least 18 years of age
and otherwise eligible to use the commissary and exchange system may purchase
tobacco products on the same basis as other eligible patrons of the commissary
and exchange system.
- `(3) Eligible patrons of the commissary and exchange system who
are traveling through a military air terminal in Korea shall be authorized
to the purchase sundry items, including tobacco products, on a temporary
basis during the normal operating hours of commissary and exchange stores
operated in connection with the terminal.
- `(4) In applying restrictions to dependents of members of the armed
forces, the Secretary of Defense may not differentiate between a dependent
whose movement to Korea was authorized at the expense of the United States
under section 406 of title 37 and other dependents residing in Korea.
- `(d) REPORTING REQUIREMENTS- 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 beginning of
such chapter is amended by adding at the end the following new item:
- `2491. Overseas commissary and exchange stores: access and purchase
restrictions.'.
SEC. 345. EXTENSION OF DEMONSTRATION PROJECT FOR UNIFORM FUNDING OF MORALE, WELFARE, AND RECREATION ACTIVITIES.
- Section 335 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 10 U.S.C. 2241 note) is amended--
- (1) in subsection (c), by striking out `not later than September
30, 1998' and inserting in lieu thereof `on September 30, 1999'; and
- (2) in subsection (e)(2), by striking out `a final report on the
results' and inserting in lieu thereof `an additional report on the progress'.
SEC. 346. PROHIBITION ON CONSOLIDATION OR OTHER ORGANIZATIONAL CHANGES OF DEPARTMENT OF DEFENSE RETAIL SYSTEMS.
- (a) DEFENSE RETAIL SYSTEMS DEFINED- For purposes of this section,
the term `defense retail systems' means the defense commissary system and
exchange stores and other revenue-generating facilities operated by nonappropriated
fund activities of the Department 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 changed, and a study
or review may not be commenced regarding the need for or merits of such
a consolidation or change, unless the consolidation, change, study, or
review 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 regarding the operation or administration of the defense retail systems
may not be implemented unless implementation of the recommendation is specifically
authorized by a law enacted after the date of the enactment of this Act.
SEC. 347. AUTHORIZED USE OF APPROPRIATED FUNDS FOR RELOCATION OF NAVY EXCHANGE SERVICE COMMAND.
- The Navy Exchange Service Command is not required to reimburse the
United States for appropriated funds allotted to the Navy Exchange Service
Command during fiscal years 1994, 1995, and 1996 to cover costs incurred
by the Navy Exchange Service Command to relocate to Virginia Beach, Virginia,
and to lease headquarters space in Virginia Beach.
SEC. 348. EVALUATION OF MERIT OF SELLING MALT BEVERAGES AND WINE IN COMMISSARY STORES AS EXCHANGE SYSTEM MERCHANDISE.
- (a) PATRON SURVEY- (1) 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 interest in
having commissary stores sell malt beverages and wine as exchange store
merchandise.
- (2) 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).
- (3) The survey shall be completed, and the results submitted to
the Secretary of Defense, not later than November 30, 1998.
- (b) DEMONSTRATION PROJECT- (1) After consideration of the survey
results, the Secretary of Defense may conduct a demonstration project at
seven military installations in the United States (two Army installations,
two Air Force installations, two Navy installations, and one Marine Corps
installation) to evaluate the merit of selling malt beverages and wine
in commissary stores as exchange store merchandise. Under the demonstration
project, the Secretary may sell malt beverages and wine in commissary stores
as exchange store merchandise notwithstanding the general requirement that
merchandise sold in, at, or by commissary stores be commissary store inventory.
- (2) The demonstration project may only be conducted in States where
it is legal to sell malt beverages and wine in grocery stores.
- (3) Not later than February 1, 1999, the Secretary of Defense shall
determine whether to conduct the demonstration project. Any such demonstration
project shall be completed not later than September 30, 2000.
- (c) REPORT- (1) If the Secretary of Defense conducts a demonstration
project under subsection (b), the Secretary shall submit to Congress a
report describing the results of the demonstration project. The report
shall include a description of patron views, the impact on commissary sales,
the impact on exchange sales, and the impact, if any, on dividends for
morale, welfare, and recreation activities.
- (2) The report shall be submitted not later than March 1, 2000.
- (d) LIMITATION- Nothing in this section shall be construed to authorize
the sale of malt beverages and wine in commissary stores as commissary
store inventory.
Subtitle F--Other Matters
SEC. 361. ELIGIBILITY REQUIREMENTS FOR ATTENDANCE AT DEPARTMENT 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 inserting `(1)' before `If';
- (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 unaccompanied 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
member's orders, may be enrolled in an educational program provided by
the Secretary under this subsection.'.
- (b) WAIVER OF FIVE-YEAR ATTENDANCE LIMITATION- Subsection (c)(2)
of such section is amended by striking out subparagraph (B) and inserting
in lieu thereof the following new subparagraph:
- `(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
services provided. Any such extension shall cover only one school year
at a time.'.
SEC. 362. 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. 363. REVISION OF INSPECTION REQUIREMENTS RELATING TO ARMED FORCES RETIREMENT HOME.
- 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) PERIODIC INSPECTION- The Inspector Generals of the military
departments shall conduct, at three-year intervals, an inspection of the
Retirement Home and the records of the Retirement Home. Each inspection
under this subsection shall be performed by a single Inspector General
on an alternating basis.
- `(b) REPORT- The Inspector General of a military department who
performs an inspection of the Retirement Home under subsection (a) 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.'.
SEC. 364. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT 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 subsection (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.
- (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 payments 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. 365. STRATEGIC PLAN FOR EXPANSION OF DISTANCE LEARNING INITIATIVES.
- (a) DEVELOPMENT OF PLAN- The Secretary of Defense shall develop
a strategic plan for guiding and expanding distance learning initiatives
in the Department of Defense. The strategic plan shall cover the five-year
period beginning on October 1, 1999.
- (b) ELEMENTS OF PLAN- The strategic plan required by this section
shall contain at a minimum the following elements:
- (1) Measurable goals and objectives, including outcome-related performance
indicators, for developing distance learning initiatives in the Department
that would be consistent with the principles of the Government Performance
and Results Act of 1993 (section 306 of title 5 and sections 1115 through
1119, 9703, and 9704 of title 31).
- (2) A description of the manner in which distance learning initiatives
will be developed and managed in the Department.
- (3) An estimate of the costs and benefits associated with developing
and maintaining an infrastructure in the Department to support distance
learning initiatives and a statement of planned expenditures for investments
necessary to build and maintain the infrastructure.
- (4) A description of mechanisms that will be used to oversee the
development and coordination of distance learning initiatives in the Department.
- (c) CONSIDERATION OF CURRENT EFFORT- In developing the strategic
plan required by this section, the Secretary of Defense may recognize the
collaborative distance learning effort of the Department of Defense and
other Federal agencies and private industry (known as the Advanced Distribution
Learning initiative), but the strategic plan shall be specific to the goals
and objectives of the Department.
- (d) SUBMISSION OF PLAN- Not later than March 1, 1999, the Secretary
of Defense shall submit to Congress the completed strategic plan required
by this section.
SEC. 366. PUBLIC AVAILABILITY OF OPERATING AGREEMENTS BETWEEN MILITARY INSTALLATIONS AND FINANCIAL INSTITUTIONS.
- With respect to an agreement between the commander of a military
installation in the United States (or the designee of 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.
SEC. 367. 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:
`Sec. 117. Readiness reporting system: establishment; reporting to congressional committees
- `(a) REQUIRED READINESS REPORTING SYSTEM- The Secretary of Defense
shall establish a comprehensive readiness reporting system 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 President
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 Secretary of
Defense pursuant to section 113(g) of this title; and
- `(3) the National Military Strategy prescribed by the Chairman 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 uniformly 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, of
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
shall be 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 have the
capability to do the following:
- `(1) Measure the capability of units (both as elements of their
respective armed force and as elements of joint forces) to conduct their
assigned wartime missions.
- `(2) Measure the capability of training establishments to provide
trained and ready forces for wartime missions.
- `(3) Measure 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 critical warfighting deficiencies in unit capability,
training establishments, and defense infrastructure.
- `(5) Measure the level of current risk based upon the readiness
reporting system relative to the capability of forces to carry out their
wartime missions.
- `(6) Measure such other factors relating to readiness as the Secretary
prescribes.
- `(d) PERIODIC JOINT READINESS REVIEW- The Chairman of the Joint
Chiefs of Staff shall periodically, and not less frequently than monthly,
conduct a joint readiness review. The Chairman shall incorporate into each
such review 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 of the review. The
Chairman shall submit to the Secretary of Defense the results of each review,
including the deficiencies in readiness identified during that review.
- `(e) SUBMISSION TO CONGRESSIONAL COMMITTEES- The Secretary 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 Appropriations of the House of Representatives a report
in writing containing the complete results of each review under subsection
(d) during the preceding month, 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 reporting, and the elements of
the training establishment and of defense infrastructure that are subject
to such reporting.'.
- (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
committees.'.
- (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 July 1, 1999.
- (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).
- (d) REPEAL OF QUARTERLY READINESS REPORT REQUIREMENT- Effective
July 1, 1999, or the date on which the first report of the Secretary of
Defense is submitted under section 117(d) of title 10, United States Code,
as added by subsection (a), whichever is later--
- (1) section 482 of title 10, United States Code, is repealed; and
- (2) 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. 368. TRAVEL BY RESERVISTS ON CARRIERS UNDER CONTRACT WITH GENERAL SERVICES ADMINISTRATION.
- (a) RESERVE USE OF FEDERAL SUPPLY TRANSPORTATION- Chapter 1217 of
title 10, United States Code, is amended by adding at the end the following
new section:
`Sec. 12603. Travel: use of carriers under contract with General Services Administration
- `A member of a reserve component who requires transportation in
order to perform inactive duty training may use a carrier under contract
with the General Services Administration to provide the transportation.
The transportation shall be provided by the carrier in the same manner
as transportation is provided to members of the armed forces and civilian
employees who are traveling at Government expense, except that the Reserve
is responsible for the cost of the travel at the contract rate. The Secretary
concerned may require the Reserve to use a Government approved travel card
to ensure that the transportation is procured for the purpose of performing
inactive duty training.'.
- (b) CLERICAL AMENDMENT- The table of sections for such chapter is
amended by adding at the end the following new item:
- `12603. Travel: use of carriers under contract with General Services
Administration.'.
Subtitle G--Demonstration of Commercial-Type Practices To Improve Quality of Personal Property Shipments
SEC. 381. DEMONSTRATION PROGRAM REQUIRED.
- (a) IN GENERAL- The Secretary of Defense shall conduct a demonstration
program, to be known as the `Commercial-Like Activities for Superior Quality
Demonstration Program', pursuant to this subtitle to test commercial-style
practices to improve the quality of personal property shipments within
the Department of Defense.
- (b) DEFINITIONS- In this subtitle:
- (1) The term `CLASS Demonstration Program' means the Commercial-Like
Activities for Superior Quality Demonstration Program required by subsection
(a).
- (2) The term `affiliated' means an entity that is owned and controlled
by another entity or an independently owned entity whose day-to-day business
operations are controlled by another entity.
- (3) The term `best value CLASS score' means a weighted score that
reflects an eligible provider's past performance rating score and the schedules
of charges for services provided.
- (4) The term `broker' means an entity, described in section 13102(2)
of title 49, United States Code, that conducts operations on behalf of
the Military Traffic Management Command and possesses appropriate authority
from the Department of Transportation or an appropriate State regulatory
agency to arrange for the transportation of personal property in interstate,
intrastate, or foreign commerce.
- (5) The term `freight forwarder' means an entity that provides the
services described in section 13102(8) of title 49, United States Code,
in interstate, intrastate, or foreign commerce and possesses the authority
to provide such services from the Department of Transportation or an appropriate
State regulatory agency.
- (6) The term `motor carrier' means an entity that uses motor vehicles
to transport personal property in interstate, intrastate, or foreign commerce
and possesses the authority to provide such services from the Department
of Transportation or an appropriate State regulatory agency.
- (7) The term `motor vehicles' has the meaning given such term in
section 13102(14) of title 49, United States Code.
- (8) The term `move management services provider' means an entity
that provides certain services in connection with the shipment of the household
goods of a member of the Armed Forces, such as arranging, coordinating,
and monitoring the shipment.
- (9) The term `test plan' means the plan prepared under section 384
for the conduct of the CLASS Demonstration Program.
SEC. 382. GOALS OF DEMONSTRATION PROGRAM.
- The goals of the CLASS Demonstration Program are to--
- (1) adopt commercial-style practices to improve the quality of Department
of Defense personal property shipments within the United States and to
foreign locations;
- (2) adopt simplified acquisition procedures for the selection of
contractors qualified to provide various types of personal property shipping
services and for the award of individual orders to such contractors;
- (3) assure ready access of the Department of Defense to a sufficient
number of qualified providers of personal property shipping to permit timely
shipments during periods of high demand for such services;
- (4) assure maximum practicable opportunities for small business
concerns to participate as prime contractors rather than subcontractors;
- (5) empower Installation Transportation Officers to assure that
the personal property shipping needs of individual members of the Armed
Forces are met in a timely manner by quality contractors who minimize opportunities
for damage; and
- (6) provide for the expedited resolution of claims for damaged or
lost property through direct settlement negotiations between the service
provider and the member of the Armed Forces who sustains the loss, with
commercial-like arbitration available to the member with the assistance
of the military department concerned.
SEC. 383. PROGRAM PARTICIPANTS.
- (a) ELIGIBLE SERVICE PROVIDERS- (1) Any motor carrier, freight forwarder,
or broker regularly providing personal property shipping services that
is approved by the Military Traffic Management Command to provide such
services to the Department of Defense is eligible to participate in the
CLASS Demonstration Program. A motor carrier providing domestic personal
property shipping services shall not be precluded from providing such services
to international destinations through an affiliated freight forwarder.
- (2) If a motor carrier is affiliated with another motor carrier
or freight forwarder that also seeks qualification to participate in the
CLASS Demonstration Program, the affiliate must demonstrate that it also
conducts independent regular motor carrier operations using motor vehicles
or independent freight forwarding services described in subparagraph (A),
(B), or (C) of section 13102(8) of title 49, United States Code. If a freight
forwarder is affiliated with another freight forwarder or motor carrier
that also seeks qualification to participate in the program, the affiliate
must demonstrate that it also conducts regular independent operations.
- (b) MOVE MANAGEMENT SERVICES PROVIDERS- The test plan may provide
for the participation of a broker providing move management services. A
move management service provider shall be compensated for providing such
services solely by the Department of Defense. The test plan shall prohibit
a move management services provider from obtaining a commission (or similar
type of payment however denominated) from a motor carrier or freight forwarder
providing the personal property shipping services.
- (c) DEMONSTRATION PROGRAM PARTICIPANTS- Eligible service providers
shall be offered participation in the CLASS Demonstration Program on the
basis of their best value CLASS score. Each eligible service provider's
best value CLASS score shall be computed in a manner that assigns 70 percent
of the weighted average to the provider's past performance rating and 30
percent to the provider's offered prices.
SEC. 384. TEST PLAN.
- (a) IN GENERAL- The CLASS Demonstration Program shall be conducted
pursuant to a test plan.
- (b) COMPONENTS OF THE TEST PLAN- In addition to such other matters
as the Secretary of Defense considers appropriate, the test plan shall
include the following components:
- (1) RATING PAST PERFORMANCE- A past performance rating score shall
be developed for each eligible service provider based on--
- (A) evaluations from service members who have received personal
property shipping services during a specified six-month rating period prior
to the commencement of the CLASS Demonstration Program; or
- (B) a rating of comparable personal property shipping services provided
to non-Department of Defense customers during the same rating period, if
an eligible provider did not make a sufficient number of military personal
property shipments during the rating period to be assigned a rating pursuant
to subparagraph (A).
- (2) PARTICIPATION BY QUALITY SERVICE PROVIDERS- A minimum best value
CLASS score shall be established for participation in the CLASS Demonstration
Program. In establishing the minimum score for participation, consideration
shall be given to assuring access to sufficient numbers of service providers
to meet the needs of members of the Armed Forces during periods of high
demand for such personal property shipping services.
- (3) SIMPLIFIED ACQUISITION PROCEDURES- The CLASS Demonstration Program
shall make use of simplified acquisition procedures similar to those provided
in section 2304(g)(1)(A) of title 10, United States Code.
- (4) PRICING- The test plan shall specify pricing policies to be
met by the CLASS Demonstration Program participants. The pricing policies
shall reflect the following:
- (A) Domestic pricing shall be based on the contemporary Household
Goods Carriers Commercial Tariff 400-M, or subsequent reissues thereof,
applicable to commercial domestic shipments with discounts and adjustments
for States outside the continental United States.
- (B) So-called single factor rates for international shipments.
- (C) Full value protection for a shipment based on the actual cash
value of the contents of the shipment with liability limited on a per pound
basis as well as a total-value basis.
- (5) ALLOCATION OF ORDERS- Orders to provide personal property shipping
services shall be allocated by the appropriate Installation Transportation
Officer taking into consideration--
- (A) the service provider's best value CLASS score;
- (B) maximum practicable utilization of small business service providers;
- (C) exceptional performance of a CLASS Demonstration Program participant;
and
- (D) other criteria necessary to advance the goals of the CLASS Demonstration
Program, except that carrier selection by a member of the Armed Forces
using the CLASS Demonstration Program shall be honored if the selection
does not conflict with subparagraph (A) or (B) and the need to maintain
adequate capacity.
- (6) PERFORMANCE EVALUATION DURING THE TERM OF THE DEMONSTRATION
PROGRAM- The CLASS Demonstration Program shall provide for procedures for
evaluation of the Demonstration Program participants by the members of
the Armed Forces furnished personal property shipping services and by Installation
Transportation Officers. To the maximum extent practicable, such evaluations
shall be objective and quantifiable. The program participant shall be accorded
the opportunity to review and make comment on a performance evaluation
provided by an individual in a manner that will not deter candid evaluations
by the individual. The results of this evaluation may be used in developing
future best value CLASS scores.
- (7) MODERN CUSTOMER SERVICE TECHNIQUES- The CLASS Demonstration
Program shall maximize the testing of modern customer service techniques,
such as in-transit tracking of shipments and service member communication
with the service provider by means of toll-free telephone numbers.
- (8) DIRECT CLAIMS SETTLEMENT TECHNIQUES- The CLASS Demonstration
Program shall provide for settlement of claims for personal property lost
or damaged directly with the firm providing the services. The procedures
shall provide for--
- (A) acknowledgment of a claim by the service provider within 30
days of receipt;
- (B) provision of a settlement offer within 120 days;
- (C) filing of a claim within nine months, with appropriate extensions
for extenuating circumstances relating to war or national emergency that
impair the ability of a member of the Armed Forces to file a timely claim;
and
- (D) referring of an unsettled claim by the member of the Armed Forces
to a designated claims officer for assistance in resolving the claim or
seeking commercial-like arbitration of the claim, or both, if considered
appropriate by the claims officer.
- (9) CRITERIA FOR EVALUATION OF THE OVERALL DEMONSTRATION PROGRAM-
The CLASS Demonstration Program shall include the development of criteria
to evaluate the overall performance and effectiveness of the CLASS demonstration
program.
- (c) DEVELOPMENT IN COLLABORATION WITH INDUSTRY- In developing the
test plan, the Secretary of Defense shall maximize collaboration with representatives
of associations that represent all segments of the affected industries.
Special efforts shall be made to actively involve those associations that
represent small business providers of personal property shipping services.
- (d) OPPORTUNITY FOR PUBLIC COMMENT ON PROPOSED TEST PLAN- Notice
of the availability of the test plan shall be published in the Federal
Register and given by other means likely to result in the notification
of eligible service providers and associations that represent them. Copies
of the proposed test plan may be made available in a printable electronic
format. The public shall be afforded 60 days to comment on the proposed
test plan.
SEC. 385. OTHER METHODS OF PERSONAL PROPERTY SHIPPING.
- The CLASS Demonstration Program shall not impair the access of a
member of the Armed Forces to the shipment of personal property through
the programs known as the Do-It-Yourself Program or the Direct Procurement
Method Program.
SEC. 386. DURATION OF DEMONSTRATION PROGRAM.
- The CLASS Demonstration Program shall commence on the first day
of the fiscal year quarter after the issuance of the test plan in final
form and terminate on the last day of the fiscal year quarter after eight
fiscal year quarters of operation. The CLASS Demonstration Program shall
take the place of the re-engineering pilot solicitation of the Military
Traffic Management Command identified as DAMTO1-97-R-3001.
SEC. 387. EVALUATION OF DEMONSTRATION PROGRAM.
- (a) IN GENERAL- The Secretary of Defense shall provide for the evaluation
the CLASS Demonstration Program throughout the term of the program pursuant
to the evaluation criteria included in the test plan.
- (b) INTERIM REPORTS- The Secretary of Defense shall issue such interim
reports relating to the implementation of the CLASS Demonstration Program
as may be appropriate.
- (c) FINAL REPORT- The Secretary of Defense shall issue a final report
on the CLASS Demonstration Program within 180 days before the termination
date of the program. The report may include recommendations for further
implementation of the CLASS Demonstration Program.
- (d) CONGRESSIONAL RECIPIENTS- The reports required by this section
shall be furnished to the congressional defense committees and the Committee
on Small Business of the Senate and the House of Representatives.
- (e) PUBLIC AVAILABILITY- The Secretary of Defense shall provide
public notice of the availability of copies of the reports submitted to
the congressional recipients through a notice in the Federal Register and
such other means as may be appropriate. Copies of the reports may be made
available in a printable electronic format or in a printed form.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
- The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1999, as follows:
- (1) The Army, 484,800.
- (2) The Navy, 376,423.
- (3) The Marine Corps, 173,922.
- (4) The Air Force, 371,577.
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 `484,800';
- (1) in paragraph (2), by striking out `390,802' and inserting in
lieu thereof `376,423'; and
- (2) in paragraph (3), by striking out `174,000' and inserting in
lieu thereof `173,922'.
- (b) REVISION TO FLEXIBILITY AUTHORITY FOR THE ARMY- Subsection (e)
of such section is amended by striking out `or, in the case of the Army,
by not more than 1.5 percent'.
- (c) EFFECTIVE DATE- The amendments made by this section shall take
effect on October 1, 1998.
SEC. 403. DATE FOR SUBMISSION OF ANNUAL MANPOWER REQUIREMENTS 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 shall be submitted
each year not later than 30 days after the date on which the budget for
the next fiscal year is transmitted to Congress pursuant to section 1105
of title 31, shall be in writing, and'.
SEC. 404. 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,
2001'.
Subtitle B--Reserve Forces
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, 357,000.
- (2) The Army Reserve, 209,000.
- (3) The Naval Reserve, 90,843.
- (4) The Marine Corps Reserve, 40,018.
- (5) The Air National Guard of the United States, 106,991.
- (6) The Air Force Reserve, 74,242.
- (7) The Coast Guard Reserve, 8,000.
- (b) 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 unsatisfactory 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
fiscal year for the Selected Reserve of such reserve component 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 SUPPORT 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 full-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, 21,763.
- (2) The Army Reserve, 12,804.
- (3) The Naval Reserve, 15,590.
- (4) The Marine Corps Reserve, 2,362.
- (5) The Air National Guard of the United States, 10,930.
- (6) The Air Force Reserve, 991.
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.
- (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:
`Grade Army Navy Air Force Marine Corps
Major or Lieutenant Commander 3,219 1,071 776 140
Lieutenant Colonel or Commander 1,524 520 672 90
Colonel or Navy Captain 438 188 274 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-9 623 202 388 20
E-8 2,585 429 979 94'.
- (c) EFFECTIVE DATE- The amendments made by this section shall take
efffect on October 1, 1998.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
- There is hereby authorized to be appropriated to the Department
of Defense for military personnel for fiscal year 1999 a total of $70,697,086,000.
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 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 inserting in lieu thereof
the following:
- `(a) PERSONS NOT CONSIDERED BY PROMOTION BOARDS DUE TO ADMINISTRATIVE
ERROR- (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 promotion by a promotion board was not so considered,
the Secretary 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 consideration 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 subsection 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 section is
amended--
- (A) by inserting `REPORTS OF BOARDS- ' after `(c)';
- (B) by striking out `officer' both places it appears in paragraph
(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
- (2) Subsection (d)(1) of such section is amended--
- (A) by inserting `APPOINTMENT OF PERSONS SELECTED BY BOARDS- ' after
`(d)';
- (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';
- (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 practicable,
be appointed to the next higher grade in accordance with provisions of
section 578(c) of this title (rather than subsections (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 inserting 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
special 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 section 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.'.
- (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 officer or former officer of the Armed
Forces (including a deceased retired or former officer) is hereby ratified.
SEC. 502. COMMUNICATION TO PROMOTION BOARDS BY OFFICERS UNDER CONSIDERATION.
- Section 614(b) of title 10, United States Code, is amended by striking
out `his case' and inserting in lieu thereof `enhancing his case for selection
for promotion'.
SEC. 503. PROCEDURES FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR CERTAIN OTHER REASONS.
- (a) ELIMINATION OF REQUIREMENT FOR A BOARD OF REVIEW- Section 1182(c)
of title 10, United States Code, is amended by striking out `it shall send
the record of its proceedings to a board of review convened under section
1183 of this title' and inserting in lieu thereof `it shall report that
determination to the Secretary concerned';
- (b) REPEAL OF BOARD OF REVIEW- (1) Section 1183 of such title is
repealed.
- (2) The table of sections at the beginning of chapter 60 of such
title is amended by striking out the item relating to section 1183.
- (c) CONFORMING AMENDMENTS- (1) 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'.
- (2) The heading of such section and the item relating to such section
in the table of sections at the beginning of chapter 60 of such title are
amended by striking out the last two words.
- (d) ELIMINATION OF 30-DAY NOTICE REQUIREMENT- Section 1185(a)(1)
of such title is amended by striking out `, at least 30 days before the
hearing of his case by a board of inquiry,'.
SEC. 504. POSTHUMOUS COMMISSIONS AND WARRANTS.
- Section 1521 of title 10, United States Code, is amended--
- (1) by inserting `(whether before or after the member's death)'
in subsection (a)(3) after `approved by the Secretary concerned'; and
- (2) by adding at the end of subsection (b) the following new sentence:
`In the case of a member to whom subsection (a)(3) applies who dies before
approval by the Secretary concerned of the appointment or promotion, the
commission shall issue as of the date of death.'.
SEC. 505. TENURE OF CHIEF 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.
Subtitle B--Reserve Component Matters
SEC. 511. COMPOSITION OF SELECTIVE EARLY RETIREMENT BOARDS OF RESERVE GENERAL AND FLAG OFFICERS OF THE NAVY AND MARINE CORPS.
- Section 14705(b) of title 10, United States Code, is amended to
read as follows:
- `(b) BOARDS- (1) If the Secretary of the Navy determines that consideration
of officers for early retirement under this section is necessary, the Secretary
shall convene a continuation board under section 14101(b) of this title
to recommend an appropriate number of officers for early retirement.
- `(2) In the case of such a board convened to consider officers in
the grade of rear admiral or major general--
- `(A) the Secretary may appoint the board without regard to section
14102(b) of this title; and
- `(B) each member of the board must be serving in a grade higher
than the grade of rear admiral or major general.'.
SEC. 512. 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 (notwithstanding 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 one year as of
the date of the convening of the promotion board; and
- `(2) had continuously served for at least one 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. 513. REVISION TO EDUCATIONAL REQUIREMENT FOR PROMOTION OF RESERVE OFFICERS.
- (a) EXTENSION FOR ARMY OCS GRADUATES- Section 12205(b)(4) of title
10, United States Code, is amended by inserting after `October 1, 1995'
the following: `, or in the case of an officer commissioned through the
Army Officer Candidate School, October 1, 2000'.
- (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take
effect as of October 1, 1995.
Subtitle C--Military Education and Training
SEC. 521. REQUIREMENTS RELATING TO 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:
`Sec. 4319. Recruit basic training: separate platoons and separate housing for male and female recruits
- `(a) SEPARATE PLATOONS- The Secretary of the Army shall require
that during basic training--
- `(1) male recruits shall be assigned to platoons consisting only
of male recruits; and
- `(2) female recruits shall be assigned to platoons consisting only
of female recruits.
- `(b) SEPARATE HOUSING FACILITIES- The Secretary of the Army shall
require that during basic training male and female
- `(c) INTERIM AUTHORITY FOR HOUSING RECRUITS ON SEPARATE FLOORS-
(1) If the Secretary of the Army determines that it is not feasible, during
some or all of the period beginning on April 15, 1999, and ending on October
1, 2001, to comply with subsection (b) at any particular installation at
which basic training is conducted because facilities at that installation
are insufficient for such purpose, the Secretary may grant a waiver of
subsection (b) with respect to that installation. Any such waiver may not
be in effect after October 1, 2001, and may only be in effect while the
facilities at that installation are insufficient for the purposes of compliance
with subsection (b).
- `(2) If the Secretary grants a waiver under paragraph (1) with respect
to an installation, the Secretary shall require that male and female recruits
in basic training at that installation during any period that the waiver
is in effect not be housed on the same floor of a barracks or other troop
housing facility.
- `(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 platoons and separate housing
for male and female recruits.'.
- (3) The Secretary of the Army shall implement section 4319 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 small units and separate
housing for male and female recruits.
`Sec. 6931. Recruit basic training: separate small units and separate housing for male and female recruits
- `(a) SEPARATE SMALL UNIT ORGANIZATION- The Secretary of the Navy
shall require that during basic training--
- `(1) male recruits in the Navy shall be assigned to divisions, and
male recruits in the Marine Corps shall be assigned to platoons, consisting
only of male recruits; and
- `(2) female recruits in the Navy shall be assigned to divisions,
and female recruits in the Marine Corps shall be assigned to platoons,
consisting only of female recruits.
- `(b) SEPARATE HOUSING- The Secretary of the Navy shall require that
during basic training male and female recruits be housed in separate barracks
or other troop housing facilities.
- `(c) INTERIM AUTHORITY FOR HOUSING RECRUITS ON SEPARATE FLOORS-
(1) If the Secretary of the Navy determines that it is not feasible, during
some or all of the period beginning on April 15, 1999, and ending on October
1, 2001, to comply with subsection (b) at any particular installation at
which basic training is conducted because facilities at that installation
are insufficient for that purpose, the Secretary may grant a waiver of
subsection (b) with respect to that installation. Any such waiver may not
be in effect after October 1, 2001, and may only be in effect while the
facilities at that installation are insufficient for the purposes of compliance
with subsection (b).
- `(2) If the Secretary grants a waiver under paragraph (1) with respect
to an installation, the Secretary shall require that male and female recruits
in basic training at that installation during any period that the waiver
is in effect not be housed on the same floor of a barracks or other troop
housing facility.
- `(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:
- (3) The Secretary of the Navy shall implement section 6931 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) AIR FORCE- (1) Chapter 901 of title 10, United States Code,
is amended by adding at the end the following new section:
`Sec. 9319. Recruit basic training: separate flights and separate housing for male and female recruits
- `(a) SEPARATE FLIGHTS- The Secretary of the Air Force shall require
that during basic training--
- `(1) male recruits shall be assigned to flights consisting only
of male recruits; and
- `(2) female recruits shall be assigned to flights consisting only
of female recruits.
- `(b) SEPARATE HOUSING- The Secretary of the Air Force shall require
that during basic training male and female recruits be housed in separate
dormitories or other troop housing facilities.
- `(c) INTERIM AUTHORITY FOR HOUSING RECRUITS ON SEPARATE FLOORS-
(1) If the Secretary of the Air Force determines that it is not feasible,
during some or all of the period beginning on April 15, 1999, and ending
on October 1, 2001, to comply with subsection (b) at any particular installation
at which basic training is conducted because facilities at that installation
are insufficient for such purpose, the Secretary may grant a waiver of
subsection (b) with respect to that installation. Any such waiver may not
be in effect after October 1, 2001, and may only be in effect while the
facilities at that installation are insufficient for the purposes of compliance
with subsection (b).
- `(2) If the Secretary grants a waiver under paragraph (1) with respect
to an installation, the Secretary shall require that male and female recruits
in basic training at that installation during any period that the waiver
is in effect not be housed on the same floor of a dormitory or other troop
housing facility.
- `(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.'.
- (2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
- `9319. Recruit basic training: separate flights and separate housing
for male and female recruits.'.
- (3) The Secretary of the Air Force shall implement section 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.
SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS DURING BASIC TRAINING.
- (a) PURPOSE- The purpose of this section is to ensure that military
recruits are provided some degree of privacy during basic training when
in their barracks after completion of the normal training day.
- (b) 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:
`Sec. 4320. Recruit basic training: privacy
- `The Secretary of the Army shall require that access by drill sergeants
and other training personnel to a barracks floor on 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 on that floor.'.
- (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.'.
- (3) The Secretary of the Army shall implement section 4320 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) 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:
`Sec. 6932. Recruit basic training: privacy
- `The Secretary of the Navy shall require that access by recruit
division commanders and other training personnel to a barracks floor on
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
personnel who are of the same sex as the recruits housed on that floor.'.
- (2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
- `6932. Recruit basic training: privacy.'.
- (3) The Secretary of the Navy shall implement section 6932 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) AIR FORCE- (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:
`Sec. 9320. Recruit basic training: privacy
- `The Secretary of the Air Force shall require that access by drill
sergeants and other training personnel to a dormitory floor on 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 on that floor.'.
- (2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 9312, as added by section
521(c)(2), the following new item:
- `9320. Recruit basic training: privacy.'.
- (3) The Secretary of the Air Force shall implement section 9320
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.
SEC. 523. 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. 524. IMPROVED OVERSIGHT OF INNOVATIVE READINESS TRAINING.
- (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 conducted 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 accordance 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 conducted
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 departments 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.'.
- (b) IMPLEMENTATION- The Secretary of Defense may not initiate 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.
Subtitle D--Decorations, Awards, and Commendations
SEC. 531. STUDY OF NEW DECORATIONS FOR INJURY OR DEATH IN LINE OF DUTY.
- (a) DETERMINATION OF CRITERIA FOR NEW DECORATION- (1) The Secretary
of Defense shall determine the appropriate name, policy, award criteria,
and design for two possible new decorations.
- (2) The first such decoration would, if implemented, be awarded
to members of the Armed Forces who, while serving under competent 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 serving 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) LIMITATION ON IMPLEMENTATION- Any such decoration may only be
implemented as provided by a law enacted after the date of the enactment
of this Act.
- (c) RECOMMENDATION TO CONGRESS- Not later than July 31, 1999, the
Secretary shall submit to Congress a legislative proposal that would, if
enacted, establish the new decorations developed pursuant to subsection
(a). The Secretary shall include with that proposal the Secretary's recommendation
concerning the need for, and propriety of, each of the decorations.
- (d) 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 SPECIFIED PERSONS.
- (a) WAIVER OF TIME LIMITATION- 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 in the case
of awards of decorations described in subsection (b), 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 FLYING CROSS- Subsection (a) applies to awards
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 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 recommended.
SEC. 533. COMMENDATION 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 American nationals, policies, and possessions in the
Far East.
- (2) The sailors and Marines of the Asiatic Fleet ensured the safety
of United States citizens 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 singly or in
task forces courageously fought many battles against a superior Japanese
armada.
- (5) The Asiatic Fleet directly suffered the loss of 22 vessels,
1,826 men killed or missing in action, and 518 men captured 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 between 1910 and 1942; and
- (2) honors those who gave their lives in the line of duty while
serving in the Asiatic Fleet.
SEC. 534. APPRECIATION FOR SERVICE DURING WORLD WAR I AND WORLD WAR II BY MEMBERS OF 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 Armed 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 Theater.
- (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 members of the Navy assigned as
gun crews on board merchant ships as part of the Naval Armed Guard Service.
SEC. 535. SENSE OF CONGRESS REGARDING THE HEROISM, SACRIFICE, AND SERVICE OF THE MILITARY FORCES OF SOUTH VIETNAM AND OTHER NATIONS 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, together with the United
States, during military operations conducted in Southeast Asia during the
Vietnam conflict.
- (2) The contributions of the combat forces from these nations continued
through long years of armed conflict.
- (3) As a result, in addition to the United States casualties exceeding
210,000, this willingness to participate in the Vietnam 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.
- (4) The service of the Vietnamese and other allied nations was repeatedly
marked by exceptional heroism 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 Vietnam, the Republic
of Korea, Thailand, Australia, New Zealand, and the Philippines 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 CONFLICT.
- (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.
Subtitle E--Administration of Agencies Responsible for Review and Correction of Military Records
SEC. 541. PERSONNEL FREEZE.
- (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 describes the
reduction proposed to be made, provides the Secretary'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--
- (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:
`Sec. 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 medical 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.'.
- (b) EFFECTIVE DATE- Section 1555 of title 10, United States 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 after section 1555, as added by section 542(a)(1),
the following new section:
`Sec. 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:
- `(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 Code,
as added by subsection (a), shall apply with respect to correspondence
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:
`Sec. 1557. Timeliness standards for disposition of cases before Corrections Boards
- `(a) TEN-MONTH CLEARANCE PERCENTAGE- Of the cases accepted for consideration
by a Corrections Board during a period specified in the following table,
the percentage on which final action must be completed within 10 months
of receipt (other than for those cases considered suitable for administrative
correction) is as follows:
The percentage on which final
action must be completed
within 10 months of receipt
is--
50
the period of fiscal years 2003 and 2004
60
the period of fiscal years 2005, 2006, and 2007
70
the period of fiscal years 2008, 2009, and 2010
80
the period of any fiscal year after fiscal year 2010
90.
- `(b) CLEARANCE DEADLINE FOR ALL CASES- Effective October 1, 2002,
final action on all cases accepted for consideration by a Corrections Board
(other than those cases considered suitable for administrative correction)
shall be completed within 18 months of receipt.
- `(c) WAIVER AUTHORITY- The Secretary of the military department
concerned may exclude an individual case from the timeliness standards
prescribed in subsections (a) and (b) if the Secretary determines that
the case warrants a longer period of consideration. The authority of the
Secretary of a military department under this subsection may not be delegated.
- `(d) 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 Committee 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 timeliness standards in 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.
- `(e) 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 beginning of
such chapter is amended by adding after
- `1557. Timeliness standards for disposition of cases before Corrections
Boards.'.
Subtitle F--Other Matters
SEC. 551. ONE-YEAR EXTENSION OF CERTAIN FORCE DRAWDOWN TRANSITION AUTHORITIES RELATING TO PERSONNEL MANAGEMENT AND BENEFITS.
- (a) EARLY RETIREMENT AUTHORITY FOR ACTIVE DUTY MEMBERS- Section
4403(i) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 10 U.S.C. 1293 note) is amended by striking out `October
1, 1999' and inserting in lieu thereof `October 1, 2000'.
- (b) SSB AND VSI- 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, 2000'.
- (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, 2000'.
- (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, 2000'.
- (e) LENGTH OF COMMISSIONED SERVICE FOR VOLUNTARY RETIREMENT 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, 2000'.
- (f) RETIREMENT OF CERTAIN LIMITED DUTY OFFICERS OF THE NAVY AND
MARINE CORPS- (1) Sections 633 and 634 of such title are amended by striking
out `October 1, 1999' in the last sentence and inserting in lieu thereof
`October 1, 2000'.
- (2) Section 6383 of such title is amended--
- (A) in subsection (a)(5), by striking out `October 1, 1999' and
inserting in lieu thereof `October 1, 2000'; and
- (B) in subsection (k), by striking out `October 1, 1999' in the
last sentence and inserting in lieu thereof `October 1, 2000'.
- (g) TRAVEL AND TRANSPORTATION ALLOWANCES AND STORAGE OF BAGGAGE
AND HOUSEHOLD EFFECTS FOR CERTAIN MEMBERS BEING INVOLUNTARILY SEPARATED-
Sections 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(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 (Public Law 101-510; 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, 2000'.
- (h) EDUCATIONAL LEAVE RELATING TO CONTINUING PUBLIC AND COMMUNITY
SERVICE- Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1143a note) is amended
by striking out `September 30, 1999' and inserting in lieu thereof `September
30, 2000'.
- (i) TRANSITIONAL HEALTH, COMMISSARY, AND FAMILY HOUSING BENEFITS-
- (1) HEALTH CARE- Section 1145 of title 10, United States Code, is
amended--
- (A) in subsections (a)(1) and (c)(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, 2000'; and
- (B) 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, 2000'.
- (2) COMMISSARY AND EXCHANGE BENEFITS- Section 1146 of such title
is amended--
- (A) 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, 2000'; and
- (B) 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, 2000'.
- (3) USE OF MILITARY HOUSING- Section 1147(a) of such title is amended--
- (A) 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, 2000';
and
- (B) 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, 2000'.
- (j) 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, 2000'.
- (k) 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, 2000'.
- (l) 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, 2000'.
- (m) 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, 2000'.
- (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, 2000'.
- (n) 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, 2000'.
- (o) RESERVE MONTGOMERY GI BILL- Section 16133(b)(1)(B) of such title
is amended by striking out `September 30, 1999' and inserting in lieu thereof
`September 30, 2000'.
SEC. 552. LEAVE WITHOUT PAY FOR ACADEMY CADETS AND MIDSHIPMEN.
- (a) AUTHORITY FOR LEAVE WITHOUT PAY- Section 702 of title 10, United
States Code, is amended by adding at the end the following new subsection:
- `(c)(1) The Secretary concerned may place an academy cadet or midshipman
on involuntary leave without pay if, under regulations prescribed by the
Secretary concerned, the Superintendent of the Academy at which the cadet
or midshipman is admitted--
- `(A) has recommended that the cadet or midshipman be dismissed or
discharged;
- `(B) has directed the cadet or midshipman return to the Academy
to repeat an academic semester or year;
- `(C) has otherwise recommended to the Secretary for good cause that
the cadet or midshipman be placed on involuntary leave without pay.
- `(2) In this subsection, the term `academy cadet or midshipman'
means--
- `(A) a cadet of the United States Military Academy;
- `(B) a midshipman of the United States Naval Academy;
- `(C) a cadet of the United States Air Force Academy; or
- `(D) a cadet of the United States Coast Guard Academy.'.
- (b) EFFECTIVE DATE- Subsection (c) of section 702 of title 10, United
States Code, as added by subsection (a), shall apply with respect to academy
cadets and midshipmen (as defined in that subsection) who are placed on
involuntary leave after the date of the enactment of this Act.
SEC. 553. PROVISION FOR RECOVERY, CARE, AND DISPOSITION OF THE REMAINS OF ALL MEDICALLY RETIRED MEMBERS.
- (a) IN GENERAL- Section 1481(a) of title 10, United States Code,
is amended--
- (1) in paragraph (1), by striking out `, or member of an armed force
without component,'; and
- (2) in paragraph (7)--
- (A) by striking out `United States'; and
- (B) by striking out `for a period of more than 30 days,'.
- (b) EFFECTIVE DATE- The amendments made by subsection (a)(2) apply
with respect to persons dying on or after the date of the enactment of
this Act.
SEC. 554. CONTINUED ELIGIBILITY UNDER VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR MEMBERS WHO INVOLUNTARILY LOSE MEMBERSHIP IN A RESERVE COMPONENT.
- (a) CONTINUED ELIGIBILITY- Section 1175(a) of title 10, United States
Code, is amended by inserting before the period at the end `, or for the
period described in section 1175(e)(1) of this section if the member becomes
ineligible for retention in an active or inactive status in a reserve component
because of age, years of service, failure to select for promotion, or medical
disqualification, so long as such ineligibility does not result from deliberate
action on the part of the member with the intent to avoid retention in
an active or inactive status in a reserve component.'.
- (b) EFFECTIVE DATE- The amendment made by subsection (a) applies
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).
SEC. 555. DEFINITION OF FINANCIAL INSTITUTION FOR DIRECT DEPOSIT OF PAY.
- (a) SERVICEMEMBERS REIMBURSEMENT FOR EXPENSES DUE TO GOVERNMENT
ERROR- 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 EMPLOYEES REIMBURSEMENT FOR EXPENSES DUE TO GOVERNMENT
ERROR- 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. 556. INCREASE IN MAXIMUM AMOUNT FOR COLLEGE FUND PROGRAM.
- (a) INCREASE IN MAXIMUM RATE FOR ACTIVE COMPONENT MONTGOMERY GI
BILL KICKER- 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,' after `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 amendment made by subsection (a) shall take
effect on October 1, 1999, and shall apply with respect to individuals
who first become members of the Armed Forces on or after that date.
SEC. 557. CENTRAL IDENTIFICATION LABORATORY, HAWAII.
- (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 personnel, 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.
SEC. 558. HONOR GUARD DETAILS AT FUNERALS OF VETERANS.
- (a) IN GENERAL- (1) Chapter 75 of title 10, United States Code,
is amended by adding at the end the following new section:
`Sec. 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.
- `(b) COMPOSITION OF HONOR GUARD DETAILS- The Secretary of each military
department shall ensure that an honor guard detail for the funeral 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 is not a member of the armed forces or an employee of the United States.
- `(d) REGULATIONS- The Secretary of Defense shall by regulation 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 Committee 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, 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.'.
- (b) TREATMENT OF PERFORMANCE OF HONOR GUARD FUNCTIONS BY RESERVES-
(1) Chapter 1215 of title 10,
`Sec. 12552. Funeral honor guard functions: prohibition of treatment 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 training.'.
- (c) 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).
- (d) APPLICABILITY- The amendments made by this section shall apply
to burials of veterans that occur on or after October 1, 1999.
- (e) STUDY- The Secretary of Defense, in coordination with the Secretary
of Veterans Affairs, shall study alternative means for the provision of
honor guard details at funerals of veterans. Not later than March 31, 1999,
the Secretary 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 the results of the study and the Secretary's views
and recommendations.
- (f) CONSULTATION WITH VETERANS SERVICE ORGANIZATIONS- Before prescribing
the initial regulations under section 1491 of title 10, United States Code,
as added by subsection (a), the Secretary of Defense shall consult with
veterans service organizations to determine the views of those organizations
regarding methods for providing honor guard details at funerals for veterans,
suggestions for organizing the system to provide those details, and estimates
of the resources that those organizations could provide for honor guard
details for veterans.
SEC. 559. APPLICABILITY TO ALL PERSONS IN CHAIN OF COMMAND OF POLICY REQUIRING EXEMPLARY CONDUCT BY COMMANDING OFFICERS AND OTHERS IN AUTHORITY IN THE ARMED FORCES.
- (a) IN GENERAL- (1) Chapter 3 of title 10, United States Code, is
amended by inserting after section 121 the following new section:
`Sec. 121a. Requirement of exemplary conduct by civilians in chain of command
- `The President, as Commander in Chief, and the Secretary of Defense
are required (in the same manner that commanding officers and others in
authority in the Armed Forces are required)--
- `(1) to show in themselves a good example of virtue, honor, and
patriotism and to subordinate themselves to those ideals;
- `(2) to be vigilant in inspecting the conduct of all persons who
are placed under their command;
- `(3) to guard against and to put an end to all dissolute and immoral
practices and to correct, according to the laws and regulations of the
armed forces, all persons who are guilty of them; and
- `(4) to 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.'.
- (b) CLERICAL AMENDMENT- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
121 the following new item:
- `121a. Requirement of exemplary conduct by civilians in chain of
command.'.
SEC. 560. 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 BE INCLUDED- The Secretary shall include in the report
the following:
- (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 prisoners
released from the United States Disciplinary Barracks and the Federal Bureau
of Prisons, together with a description of any plans of the
- (3) A description of the projected future flow of prisoners into
the new United States Disciplinary Barracks being constructed at Fort Leavenworth,
Kansas, and whether the Secretary 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 Barracks, Fort Leavenworth, Kansas,
to the Federal Bureau of Prisons.
SEC. 561. 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 Armed Forces to serve on courts-martial.
- (b) MATTERS TO BE CONSIDERED- In preparing the report, the Secretary
shall--
- (1) direct the Secretaries of the military departments to develop
a plan for random selection of members of courts-martial , subject to the
provisions relating to service on courts-martial specified in section 825(d)(2)
of title 10, United States Code (article 25(d)(2) of the Uniform Code of
Military Justice), as a possible replacement for the current system of
selection by the convening authority; and
- (2) obtain the views of the members of the committee referred to
in section 946 of such title (known as the `Code Committee').
SEC. 562. STUDY OF REVISING THE TERM OF SERVICE OF MEMBERS OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.
- Not later than April 15, 1999, the Secretary of Defense shall submit
to Congress a report on the desirability of revising the term of appointment
of judges of the United States Court of Appeals for the Armed Forces so
that the term of a judge on that court is for a period of 15 years or until
the judge attains the age of 65, whichever is later. In preparing the report,
the Secretary shall obtain the view of the members of the committee referred
to in section 946 of title 10, United States Code, (known as the `Code
Committee').
SEC. 563. STATUS OF CADETS AT THE MERCHANT MARINE ACADEMY.
- (a) STATUS OF CADETS- Any citizen of the United States appointed
as a cadet at the United States Merchant Marine Academy shall be considered
to be a member of the United States Naval Reserve.
- (b) ELIGIBILITY- The Secretary of Defense shall provide that cadets
of the United States Merchant Marine Academy shall be issued an identification
card (referred to as a `military ID card') and shall 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.
- (c) COORDINATION WITH SECRETARY OF TRANSPORTATION- The Secretary
of Defense shall carry out this section in coordination with the Secretary
of Transportation.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
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 uniformed services by section 203(a)
of such title shall not be made.
- (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. 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 amended by adding at the end
the following new paragraph:
- `(3)(A) In the case of a member of the uniformed services authorized
to receive an allowance under paragraph (1), the Secretary concerned may
make a lump-sum payment 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 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. 603. 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
- (2) by inserting after subsection (d) the following new subsection:
- `(e) SPECIAL RULE FOR CERTAIN ENLISTED RESERVE MEMBERS- 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 eight 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 concerned (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 eight 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. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL 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 `September
30, 2000'.
- (b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of title
37, United States Code, is amended by striking out `September 30, 1999'
and inserting in lieu thereof `September 30, 2000'.
- (c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of title
37, United States Code, is amended by striking out `September 30, 1999'
and inserting in lieu thereof `September 30, 2000'.
- (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 inserting in lieu thereof `September 30, 2000'.
- (e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of title
37, United States Code, is amended by striking out `September 30, 1999'
and inserting in lieu thereof `September 30, 2000'.
- (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 `September 30, 2000'.
- (g) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(f) of title 37,
United States Code, is amended by striking out `September 30, 1999' and
inserting in lieu thereof `September 30, 2000'.
- (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 `October 1, 2000'.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.
- (a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out `September
30, 1999' and inserting in lieu thereof `September 30, 2000'.
- (b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of
title 37, United States Code, is
- (c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1)
of title 37, United States Code, is amended by striking out `September
30, 1999' and inserting in lieu thereof `September 30, 2000'.
SEC. 613. ONE-YEAR 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 `September 30, 2000,'.
- (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 `September 30, 2000'.
- (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 `September
30, 2000'.
- (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 `September
30, 2000'.
- (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 `September 30, 2000'.
- (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, 2000'.
SEC. 614. 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 redesignated) 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 paragraph:
- `(1) 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.'.
- (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:
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 O-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 O-7 may not be paid at a rate greater
than $200 a month; and
- `(B) an officer in pay grade O-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--
- (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 service, as appropriate,' and inserting in
lieu thereof `subsection (b) for the performance of that duty by a member
with corresponding 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.
SEC. 615. SPECIAL PAY FOR DIVING DUTY.
- Section 304(a) of title 37, United States Code, is amended--
- (1) by inserting `or' at the end of paragraph (1);
- (2) in paragraph (2), by striking out `by frequent and regular dives;
and' and inserting in lieu thereof a period; and
- (3) by striking out paragraph (3).
SEC. 616. 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 enlistment for
a period of at least three years in a regular component, or in a reserve
component if the member is performing active Guard and Reserve duty (as
defined in section 101(d)(6) of title 10), of the service concerned;'.
SEC. 617. REMOVAL OF TEN PERCENT RESTRICTION ON SELECTIVE REENLISTMENT BONUSES.
- Section 308(b) of title 37, United States Code, is amended--
- (1) by striking out `(1)' after `(b)'; and
- (2) by striking out paragraph (2).
SEC. 618. INCREASE IN MAXIMUM AMOUNT OF 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. 619. EQUITABLE TREATMENT OF RESERVES ELIGIBLE FOR SPECIAL 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.'.
Subtitle C--Travel and Transportation Allowances
SEC. 631. EXCEPTION TO MAXIMUM WEIGHT ALLOWANCE FOR BAGGAGE 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. 632. 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 Government 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:
`Sec. 411c. Travel and transportation allowances: travel performed 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. 633. 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.'.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 641. EFFECTIVE DATE OF FORMER SPOUSE SURVIVOR BENEFIT COVERAGE.
- (a) COORDINATION OF PROVISIONS- Section 1448(b)(3)(C) of title 10,
United States Code, is amended by inserting after `the Secretary concerned'
in the second sentence the following: `, except that, in the case of an
election made by a person described in section 1450(f)(3)(B) of this title,
such an election is effective on the first day of the first month which
begins after the date of the court order or filing involved (in the same
manner as provided under section 1450(f)(3)(D) of this title)'.
- (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply
to elections under section 1448(b)(3) of title 10, United States Code,
that are received by the Secretary concerned on or after the date of the
enactment of this Act.
Subtitle E--Other Matters
SEC. 651. DELETION OF CANAL ZONE FROM DEFINITION OF UNITED STATES POSSESSIONS FOR PURPOSES OF PAY AND ALLOWANCES.
- Section 101(2) of title 37, United States Code, is amended by striking
`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) Obligations and expenditures incurred for an advance payment
under this section may not be included in any determination of amounts
available for obligation or expenditure except in the fiscal year in which
the advance payment is ultimately earned and such obligations and expenditures
shall be accounted for only in such fiscal year.'.
SEC. 653. REIMBURSEMENT OF RENTAL VEHICLE COSTS WHEN MOTOR VEHICLE TRANSPORTED AT GOVERNMENT EXPENSE IS LATE.
- (a) TRANSPORTATION IN CONNECTION WITH CHANGE OF PERMANENT 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 subsection:
- `(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 concerned 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 transported.
However, the amount reimbursed shall not exceed $30 per day, and the rental
period for which reimbursement may be provided shall expire after seven
days or on the date on which the delayed vehicle finally 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 concerned shall reimburse the member for expenses
incurred after that date to rent a motor vehicle for the dependent's use.
However, the amount reimbursed shall not exceed $30 per day, and the rental
period for which reimbursement may be provided shall expire after seven
days or on the date on which the delayed vehicle finally arrives at the
authorized destination (whichever occurs first).'.
- (c) TRANSPORTATION IN CONNECTION WITH DEPARTURE ALLOWANCES 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 concerned shall reimburse the member
for expenses incurred after that date to rent a motor vehicle for the dependent's
use. However, the amount reimbursed shall not exceed $30 per day, and the
rental period for which reimbursement may be provided shall expire after
seven days or on the date on which the delayed vehicle finally 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 subsection:
- `(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 concerned shall reimburse the dependent for
expenses incurred after that date to rent a motor vehicle for the dependent's
use. However, the amount reimbursed shall not exceed $30 per day, and the
rental period for which reimbursement may be provided shall expire after
seven days or on the date on which the delayed vehicle finally arrives
at the authorized destination (whichever occurs first).'.
- (e) APPLICATION OF AMENDMENTS- 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 certifying that the Department of Defense has in place and operational
a system to recover the cost to the Department of providing such reimbursement
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 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.
SEC. 654. EDUCATION LOAN REPAYMENT PROGRAM FOR CERTAIN HEALTH PROFESSION OFFICERS SERVING IN SELECTED RESERVE.
- (a) LOAN REPAYMENT AMOUNTS- Section 16302(c) of title 10, United
States Code, is amended--
- (1) in paragraph (2), by striking out `$3,000' and inserting in
lieu thereof `$10,000'; and
- (2) in paragraph (3), by striking out `$20,000' and inserting in
lieu thereof `$50,000'.
- (b) EFFECTIVE DATE- The amendments made by subsection (a) shall
take effect on October 1, 1998.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. 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 paragraph:
- `(4) Eligible dependents of a member described in paragraph (1)
or (2) who is not enrolled in the plan and who--
- `(A) is enrolled under section 1705 of title 38 to receive dental
care from the Secretary of Veterans Affairs;
- `(B) is enrolled in a dental plan that--
- `(i) is available to the member as a result of employment by the
member that is separate from the military service of the member; and
- `(ii) is not available to dependents of the member as a result of
such separate employment by the member; 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)'.
SEC. 702. PLAN FOR PROVISION OF HEALTH CARE FOR MILITARY RETIREES AND THEIR DEPENDENTS COMPARABLE TO HEALTH CARE PROVIDED UNDER TRICARE PRIME.
- (a) REQUIREMENT TO SUBMIT PLAN- (1) The Secretary of Defense shall
submit to Congress--
- (A) a plan under which the Secretary would guarantee access, for
covered beneficiaries described in subsection (b), to health care that
is comparable to the health care provided to covered beneficiaries under
chapter 55 of title 10, United States Code, under TRICARE Prime (as defined
in subsection (d) of section 1097a of such title (as added by section 712));
and
- (B) a legislative proposal and cost estimate for implementing the
plan.
- (2) The plan required under paragraph (1)(A) shall provide for guaranteed
access to such health care for such covered beneficiaries by October 1,
2001.
- (b) COVERED BENEFICIARIES- A covered beneficiary under this subsection
is an individual who is a covered beneficiary under chapter 55 of title
10, United States Code, who--
- (1) is a member or former member of the Armed Forces entitled to
retired pay under such title; or
- (2) is a dependent (as that term is defined in section 1072(2) of
such chapter) of such a member.
- (c) DEADLINE FOR SUBMISSION- The Secretary shall submit the plan
required by subsection (a) not later than March 1, 1999.
SEC. 703. PLAN FOR REDESIGN OF MILITARY PHARMACY SYSTEM.
- (a) PLAN REQUIRED- The Secretary of Defense shall submit to Congress
a plan that would provide for a system-wide redesign of the military and
contractor retail and mail-order pharmacy system 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 pharmacy 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 pharmacy; and
- (2) shall include a plan for each of the following:
- (A) A uniform formulary for such facilities and contractors.
- (B) A centralized database that integrates the patient databases
of pharmacies of military medical treatment facilities and contractor retail
and mail-order programs to implement automated prospective drug utilization
review systems.
- (C) A system-wide drug benefit for covered beneficiaries under chapter
55 of title 10, United States Code, who are entitled to hospital insurance
benefits under part A of title XVIII of the Social Security Act (42 U.S.C.
1395c et seq.).
- (b) SUBMISSION OF PLAN- The Secretary shall submit the plan required
under subsection (a) not later than March 1, 1999.
- (c) SUSPENSION OF IMPLEMENTATION OF PROGRAM- The Secretary shall
suspend any plan to establish a national retail pharmacy program for the
Department of Defense until--
- (1) the plan required under subsection (a) is submitted; and
- (2) the Secretary implements cost-saving reforms with respect to
the military and contractor retail and mail order pharmacy system.
SEC. 704. TRANSITIONAL AUTHORITY TO PROVIDE CONTINUED HEALTH CARE COVERAGE FOR CERTAIN PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
- (a) TRANSITIONAL COVERAGE- The administering Secretaries may continue
eligibility of a person described in subsection (b) for health care coverage
under the Civilian Health and Medical Program of the Uniformed Services
based on a determination that such continuation is appropriate to assure
health care coverage for any such person who may have been unaware of the
loss of eligibility to receive health benefits under that program.
- (b) PERSONS ELIGIBLE- A person shall be eligible for transitional
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 health care
services provided between October 1, 1998, and July 1, 1999.
- (d) DEFINITION- In this section, the term `administering Secretaries'
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:
`Sec. 1095b. TRICARE program: contractor payment of certain claims
- `(a) PAYMENT OF CLAIMS- (1) The Secretary of Defense may authorize
a contractor under the TRICARE program to pay a claim described in paragraph
(2) before seeking to recover from a third-party payer the costs incurred
by the contractor to provide health care services that are the basis of
the claim to a beneficiary under such program.
- `(2) A claim under this paragraph is a claim--
- `(A) that is submitted to the contractor by a provider under the
TRICARE program for payment for services for health care provided to a
covered beneficiary; and
- `(B) that is identified by the contractor as a claim for which a
third-party payer may be liable.
- `(b) RECOVERY FROM THIRD-PARTY PAYERS- A contractor for the provision
of health care services under the TRICARE program that pays a claim described
in subsection (a)(2) shall have the right to collect from the third-party
payer the costs incurred by such contractor on behalf of the covered beneficiary.
The contractor shall have the same right to collect such costs under this
subsection as the right of the United States to collect costs under section
1095 of this title.
- `(c) DEFINITION OF THIRD-PARTY PAYER- In this section, the term
`third-party payer' has the meaning given that term in section 1095(h)
of this title, except that such term excludes primary medical insurers.'.
- (b) CLERICAL AMENDMENT- The table of sections at the beginning 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. PROCEDURES REGARDING ENROLLMENT IN TRICARE PRIME.
- (a) IN GENERAL- (1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1097 the following new section:
`Sec. 1097a. Enrollment in TRICARE Prime: procedures
- `(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPENDENTS- The Secretary of
Defense shall establish procedures under which dependents of members of
the armed forces on active duty who reside in the catchment area of a military
medical treatment facility shall be automatically enrolled in TRICARE Prime
at the military medical treatment facility. The Secretary shall provide
notice in writing to the member regarding such enrollment.
- `(b) AUTOMATIC CONTINUATION OF ENROLLMENT- The Secretary of Defense
shall establish procedures under which enrollment of covered beneficiaries
in TRICARE Prime shall automatically continue until such time as the covered
beneficiary elects to disenroll or is no longer eligible for enrollment.
- `(c) OPTION FOR RETIREES TO DEDUCT FEE FROM PAY- The Secretary of
Defense shall establish procedures under which a retired member of the
armed forces may elect to have any fees payable by the member for enrollment
in TRICARE Prime withheld from the retired pay of the member (if pay is
available to the member).
- `(d) DEFINITION OF TRICARE PRIME- In this section, the term `TRICARE
Prime' means the managed care option of the TRICARE program known as TRICARE
Prime.'.
- (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. Enrollment in TRICARE Prime: procedures.'.
- (b) DEADLINE FOR IMPLEMENTATION- The Secretary of Defense shall
establish the procedures required under section 1097a of title 10, United
States Code, as added by subsection (a), not later than April 1, 1999.
Subtitle C--Other Matters
SEC. 721. INFLATION ADJUSTMENT OF PREMIUM AMOUNTS FOR DEPENDENTS DENTAL PROGRAM.
- Section 1076a(b)(2) of title 10, United States Code, is amended
by inserting after `$20 per month' the following: `(in 1993 dollars, as
adjusted for inflation in each year thereafter)'.
SEC. 722. SYSTEM FOR TRACKING DATA AND MEASURING PERFORMANCE 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 established under the TRICARE program.
- (b) DEADLINE FOR ESTABLISHMENT- The Secretary shall establish the
system described in subsection (a) not later than April 1, 1999.
SEC. 723. AIR FORCE RESEARCH, DEVELOPMENT, TRAINING, AND EDUCATION ON EXPOSURE TO CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL HAZARDS.
- (a) IN GENERAL- The Secretary of the Air Force is hereby authorized
to--
- (1) conduct research on the health-related, environmental, and ecological
effects of exposure to chemical, biological, and radiological hazards;
- (2) develop new risk-assessment methods and instruments with respect
to exposure to such hazards, including more accurate risk assessment tools
to support the Air Force Enhanced Site Specific Risk Assessment; and
- (3) educate and train researchers with respect to exposure to such
hazards.
- (b) ACTIVITIES TO BE CONDUCTED- Research and development conducted
under subsection (a) includes--
- (1) development of equipment to monitor soil and ground water contamination
and the impact of such contamination on the biosystem chain;
- (2) implementation of a cross-sectional epidemiological study of
exposure to jet fuel; and
- (3) implementation of a health-risk assessment regarding exposure
to jet fuel.
SEC. 724. AUTHORIZATION TO ESTABLISH A LEVEL 1 TRAUMA TRAINING 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. 725. REPORT ON IMPLEMENTATION OF ENROLLMENT-BASED CAPITATION FOR FUNDING FOR MILITARY MEDICAL TREATMENT FACILITIES.
- (a) REPORT REQUIRED- The Secretary of Defense shall submit to Congress
a report on the potential impact of using an enrollment-based capitation
methodology to allocate funds for military medical treatment facilities.
The report shall address the following:
- (1) A description of the plans of the Secretary to implement an
enrollment-based capitation methodology for military medical 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 demonstration 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, particularly in the case of care for--
- (A) military retirees entitled 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.); 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 pharmacy 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 provided 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.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
SEC. 801. LIMITATION ON PROCUREMENT OF AMMUNITION AND COMPONENTS.
- (a) LIMITATION- Section 2534(a) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
- `(6) AMMUNITION- Ammunition or ammunition components.'.
- (b) EFFECTIVE DATE- Paragraph (6) of section 2534(a) of title 10,
United States Code, as added by subsection (a), shall apply with respect
to contracts entered into after September 30, 1998.
SEC. 802. ACQUISITION CORPS ELIGIBILITY.
- Section 1732(c) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
- `(3) The requirement of subsection (b)(1)(A) shall not apply to
an employee who served in an Acquisition Corps in a position within grade
GS-13 or above of the General Schedule and who is placed in another position
which is in a grade lower than GS-13 of the General Schedule, or whose
position is reduced in grade to a grade lower than GS-13 of the General
Schedule, as a result of reduction-in-force procedures, the realignment
or closure of a military installation, or another reason other than for
cause.'.
SEC. 803. AMENDMENTS 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'; and
- (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'.
- (b) ADDITIONAL COVERED PROPERTY AND SERVICES- Subsection (b) of
such section is amended--
- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and
(3), respectively;
- (2) by inserting before paragraph (2), as so redesignated, the following
new paragraph:
- `(1) Small arms end items.';
- (3) in paragraph (2), as so redesignated, by inserting before the
period the following: `, if those parts are manufactured under a contract
with the Department of Defense to produce the end item'; and
- (4) by adding after paragraph (3) the following new paragraph:
- `(4) Repair parts consisting of barrels, receivers, and bolts for
small arms, whether or not the small arms are in production under a contract
with the Department of Defense at the time of production of such repair
parts.'.
- (c) RELATIONSHIP TO OTHER PROVISIONS OF LAW- Such section is further
amended by adding at the end the following new subsection:
- `(d) RELATIONSHIP TO OTHER PROVISIONS- (1) If a procurement under
subsection (a) is a procurement of a commercial item, the Secretary may,
notwithstanding section 2306(b)(1)(B) of this title, require the submission
of certified cost or pricing data under section 2306(a) of this title.
- `(2) Subsection (a) is a requirement for purposes of section 2304(c)(5)
of this title.'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISITION WORKFORCE.
- (a) REDUCTION IN DEFENSE ACQUISITION WORKFORCE- Chapter 87 of title
10, United States Code, is amended by adding at the end the following new
section:
`Sec. 1765. Limitation on number of personnel
- `(a) LIMITATION- Effective October 1, 2001, the number of defense
acquisition personnel may not exceed the baseline number reduced by 70,000.
- `(b) PHASED REDUCTION- The number of defense acquisition personnel--
- `(1) as of October 1, 1999, may not exceed the baseline number reduced
by 25,000; and
- `(2) as of October 1, 2000, may not exceed the baseline number reduced
by 50,000.
- `(c) BASELINE NUMBER- For purposes of this section, the baseline
number is the total number of defense acquisition personnel as of October
1, 1998.
- `(d) DEFENSE ACQUISITION PERSONNEL DEFINED- In this section, the
term `defense acquisition 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).'.
- (b) CLERICAL AMENDMENT- The table of sections at the beginning of
subchapter V of such chapter is amended by adding at the end the following
new item:
- `1765. Limitation on number of personnel.'.
SEC. 902. LIMITATION ON OPERATION AND SUPPORT FUNDS FOR THE OFFICE OF 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 following reports has been submitted:
- (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. 903. REVISION TO DEFENSE DIRECTIVE RELATING TO MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUPPORT ACTIVITIES.
- Not later than October 1, 1999, the Secretary of Defense shall issue
a revision to Department of Defense Directive 5100.73, entitled `Department
of Defense Management Headquarters and Headquarters Support Activities',
so as to incorporate in that directive the following:
- (1) A threshold specified by command (or other organizational element)
such that any headquarters activity below the threshold is not considered
for the purpose of the directive to be a management headquarters or headquarters
support activity.
- (2) A definition of the term `management headquarters and headquarters
support activities' that (A) is based upon function (rather than organization),
and (B) includes any activity (other than an operational activity) that
reports directly to such an activity.
- (3) Uniform application of those definitions throughout the Department
of Defense.
SEC. 904. UNDER SECRETARY OF DEFENSE FOR POLICY TO HAVE RESPONSIBILITY WITH RESPECT TO EXPORT CONTROL ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
- (a) FUNCTIONS OF THE UNDER SECRETARY- Section 134(b)(1) of title
10, United States Code, is amended by adding at the end the following new
sentence: `The Under Secretary shall have responsibility for overall supervision
of activities of the Department of Defense relating to export controls.'.
- (b) IMPLEMENTATION REPORT- Not later than 30 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 Representatives a report on the plans of the Secretary
for the implementation of the amendment made by subsection (a). The report
shall include--
- (1) a description of any organizational changes within the Department
of Defense to be made in order to implement that amendment; and
- (2) a description of the role of the Chairman of the Joint Chiefs
of Staff with respect to export control activities of the Department following
the implementation of the amendment made by subsection (a) and how that
role compares to the practice in effect before such implementation.
- (c) EFFECTIVE DATE- The amendment made by subsection (a) shall be
implemented not later than 45 days after the date of the enactment of this
Act.
SEC. 905. INDEPENDENT TASK FORCE ON TRANSFORMATION AND DEPARTMENT OF DEFENSE ORGANIZATION.
- (a) FINDINGS- Congress finds the following:
- (1) The post-Cold War era is marked by geopolitical uncertainty
and by accelerating technological change, particularly 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 force operations.
- (3) The Department of Defense must be organized appropriately in
order to fully exploit the opportunities offered by, and to meet the challenges
posed by, this anticipated transformation 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 Goldwater-Nichols Department of Defense Reorganization Act
of 1986 (Public Law 99-433) dramatically improved the capability of the
Department of Defense to carry out operations involving joint forces, but
did not address adequately issues pertaining to the development of joint
forces.
- (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 forces.
- (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
preparing 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 Chiefs 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 relating 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 establishment 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 experimentation related to a transformation in the conduct
of war, including the appropriateness of--
- (A) conducting joint field tests;
- (B) establishing a separate unified command as a joint forces command
to serve, as its sole function, as the trainer, provider, and developer
of forces for joint operations;
- (C) establishing a Joint Concept Development Center to monitor exercises
and develop measures of effectiveness, analytical concepts, models, and
simulations appropriate for understanding the transformation in the conduct
of war;
- (D) establishing a Joint Battle Laboratory headquarters to conduct
joint experimentation and to integrate the similar efforts of the Armed
Forces; and
- (E) establishing an Assistant Secretary of Defense for transformation
in the conduct of war.
- (5) Joint training establishments and training establishments of
the Armed Forces, including those devoted to professional military education,
and the appropriateness of establishing 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 Defense
a report containing its assessments and
SEC. 906. IMPROVED ACCOUNTING FOR DEFENSE CONTRACT SERVICES.
- (a) IN GENERAL- (1) Chapter 131 of title 10, United States Code,
is amended by inserting after section 2211 the following new section:
`Sec. 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:
- `(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 collection, 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 software created in support
of a study, analysis, or evaluation.
- `(3) ENGINEERING AND TECHNICAL SERVICES- The term `engineering and
technical services' (used in clause (iii) of section 1105(g)(2)(A) of title
31) means services that take the form of advice, assistance, training,
or hands-on training necessary to maintain and operate fielded weapon systems,
equipment, 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 review
all 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.
- `(d) INFORMATION ON SERVICE CONTRACTS- In carrying out the annual
review under subsection (c) of Department of Defense services expected
to be performed as contract services during the next fiscal year, the Secretary
(acting through the Under Secretary (Comptroller)) shall conduct an assessment
of the total non-Federal effort that resulted from the performance of all
contracts for such services during the preceding fiscal year and the total
non-Federal effort that resulted, or that is expected to result, from the
performance of all contracts for such services during the current fiscal
year and the next fiscal year. The assessment shall include determination
of the following for each such year:
- `(1) The amount expended or expected to be expended for non-Federal
contract services, shown for the Department of Defense as a whole and displayed
- `(2) The amount expended or expected to be expended for contract
services competed under OMB Circular A-76 or a similar process, shown for
the Department of Defense as a whole and displayed by contract services
object class for each DOD organization.
- `(3) The number of private sector workyears performed or expected
to be performed in connection with the performance of non-Federal contract
services, shown for the Department of Defense as a whole and displayed
by contract services object class for each DOD organization.
- `(4) Any other information that the Secretary (acting through the
Under Secretary) determines to be relevant and of value.
- `(e) REPORT TO CONGRESS- The Secretary shall submit to Congress
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 assessment under subsection
(d).
- `(f) ASSESSMENT BY COMPTROLLER GENERAL- (1) The Comptroller General
shall conduct a review of the report of the Secretary of Defense under
subsection (e) 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 (e) 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).
- `(g) 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) The 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 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 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 for the reporting of obligations for miscellaneous or unspecified
contract services).
- `(4) The term `DOD organization' means--
- `(A) the Office of the Secretary of Defense;
- `(B) each military department;
- `(C) the Joint Chiefs of Staff and the unified and specified commands;
- `(D) each Defense Agency; and
- `(E) each Department of Defense Field Activity.
- `(5) The term `private sector workyear' means an amount of labor
equivalent to the total number of hours of labor that an individual employed
on a full-time equivalent basis by the Federal Government performs in a
given year.'.
- (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 SERVICES-
Not later than February 1, 1999, the Secretary of Defense, acting through
the Under Secretary of Defense (Comptroller), shall review all 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 subsection
(a)) are in fact properly classified, in accordance with that subsection,
in the advisory and assistance services object class (as defined in subsection
(g)(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 $500,000,000.
SEC. 907. REPEAL OF REQUIREMENT RELATING TO ASSIGNMENT OF TACTICAL AIRLIFT 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. 908. REPEAL OF CERTAIN REQUIREMENTS RELATING TO INSPECTOR GENERAL INVESTIGATIONS OF REPRISAL COMPLAINTS.
- (a) REPEAL OF REQUIREMENT OF NOTICE THAT INVESTIGATION WILL TAKE
MORE THAN 90 DAYS- Subsection (e) of section 1034 of title 10, United States
Code, is amended--
- (1) by striking out paragraph (3);
- (2) by redesignating paragraph (4) as paragraph (3).
- (b) REPEAL OF REQUIREMENT FOR POST-DISPOSITION INTERVIEW WITH COMPLAINANT-
Such section is further amended by striking out subsection (h).
SEC. 909. CONSULTATION WITH COMMANDANT OF THE MARINE CORPS REGARDING 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:
`Sec. 5026. Consultation with Commandant of the Marine Corps regarding Marine Corps aviation
- `The Secretary of the Navy shall require that the views of the Commandant
of the Marine Corps be obtained before a milestone decision or other major
decision is made by an element of the Department of the Navy outside the
Marine Corps in a procurement matter, a research, development, test, and
evaluation matter, or a depot-level maintenance matter that concerns Marine
Corps aviation.'.
- (b) CLERICAL AMENDMENT- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
- `5026. Consultation with Commandant of the Marine Corps regarding
Marine Corps aviation.'.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
- (a) AUTHORITY TO TRANSFER AUTHORIZATIONS- (1) Upon determination
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 of Defense
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. INCORPORATION OF CLASSIFIED ANNEX.
- (a) STATUS OF CLASSIFIED ANNEX- The Classified Annex prepared by
the Committee on National Security of the House of Representatives to accompany
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.
- (c) LIMITATION ON USE OF FUNDS- Funds appropriated pursuant to an
authorization contained in this Act that are made available 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.
- (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. OUTLAY LIMITATIONS.
- (a) DEPARTMENT OF DEFENSE- The Secretary of Defense shall ensure
that outlays of the Department of Defense during fiscal year 1999 from
amounts appropriated or otherwise available to the Department of Defense
for military functions of the Department of Defense (including military
construction and military family housing) do not exceed $252,650,000,000.
- (b) DEPARTMENT OF ENERGY- The Secretary of Energy shall ensure that
outlays of the Department of Energy during fiscal year 1999 from amounts
appropriated or otherwise made available to the Department of Energy for
national security programs of that Department do not exceed $11,772,000,000.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISION TO REQUIREMENT FOR CONTINUED LISTING OF TWO IOWA-CLASS BATTLESHIPS ON THE NAVAL VESSEL REGISTER.
- In carrying out section 1011 of the National Defense Authorization
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 battleships: the USS IOWA (BB-61)
and the USS WISCONSIN (BB-64).
SEC. 1012. TRANSFER OF USS NEW JERSEY.
- The Secretary of the Navy shall strike the USS 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. LONG-TERM CHARTER OF THREE VESSELS IN SUPPORT OF SUBMARINE RESCUE, ESCORT, AND TOWING.
- The Secretary of the Navy may enter into contracts in accordance
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 number D102057).
- (2) The KELLIE CHOUEST (United States official number D1038519).
- (3) The DOLORES CHOUEST (United States official number D600288).
SEC. 1014. TRANSFER OF OBSOLETE ARMY TUGBOAT.
- In carrying out section 1023 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1876), the Secretary
of the Army may substitute the obsolete, decommissioned tugboat Attleboro
(LT-1977) for the tugboat Normandy (LT-1971) as one of the two obsolete
tugboats authorized to be transferred by the Secretary under that section.
SEC. 1015. LONG-TERM CHARTER CONTRACTS FOR ACQUISITION OF AUXILIARY VESSELS FOR THE DEPARTMENT OF DEFENSE.
- (a) PROGRAM AUTHORIZATION- Chapter 631 of title 10, United States
Code, is amended by adding at the end the following new section:
`Sec. 7233. Auxiliary vessels: authority for long-term charter contracts
- `(a) AUTHORIZED CONTRACTS- After September 30, 1998, the Secretary
of the Navy, subject to subsection (b), may enter into a contract for the
long-term lease or charter of a newly built surface vessel, under which
the contractor agrees to provide a crew for the vessel for the term of
the long-term lease or charter, for any of the following:
- `(1) The combat logistics force of the Navy.
- `(2) The strategic sealift program of the Navy.
- `(3) Other auxiliary support vessels for the Department of Defense.
- `(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY LAW- A contract may
be entered into under this section with respect to specific vessels only
if the Secretary is specifically authorized by law to enter into such a
contract with respect to those vessels.
- `(c) FUNDS FOR CONTRACT PAYMENTS- The Secretary may make payments
for contracts entered into under this section using funds available for
obligation during the fiscal year for which the payments are required to
be made. Any such contract shall provide that the United States will not
be required to make a payment under the contract (other than a termination
payment, if required) before October 1, 2000.
- `(d) TERM OF CONTRACT- In this section, the term `long-term lease
or charter' means a lease, charter, service contract, or conditional sale
agreement with respect to a vessel the term of which (including any option
period) is for a period of 20 years or more.
- `(e) OPTION TO BUY- A contract entered into under the authority
of this section may contain options for the United States to purchase one
or more of the vessels covered by the contract at any time during, or at
the end of, the contract period (including any option period) upon payment
of an amount not in excess of the unamortized portion of the cost of the
vessels plus amounts incurred in connection with the termination of the
financing arrangements associated with the vessels.
- `(f) DOMESTIC CONSTRUCTION- The Secretary shall require in any contract
entered into under this section that each vessel to which the contract
applies--
- `(1) shall have been constructed in a shipyard within the United
States; and
- `(2) upon delivery, shall be documented under the laws of the United
States.
- `(g) VESSEL CREWING- The Secretary shall require in any contract
entered into under this section that the crew of any vessel to which the
contract applies be comprised of private sector commercial mariners.
- `(h) DOMESTIC CONSTRUCTION REQUIREMENT FOR CERTAIN LEASES OF VESSELS-
(1) Notwithstanding section 2400 or 2401a of this title or any other provision
of law, the Secretary of Defense may not enter into a contract for the
lease or charter of a vessel described in paragraph (2) for a contract
period in excess of 17 months (inclusive of any option periods) unless
the vessel is constructed in a shipyard in the United States.
- `(2) Paragraph (1) applies to vessels of the following types:
- `(A) Auxiliary support vessel.
- `(B) Strategic sealift vessel.
- `(C) Tank vessel.
- `(D) Combat logistics force vessel.
- `(i) CONTINGENT WAIVER OF OTHER PROVISIONS OF LAW- A contract authorized
by this section may be entered into without regard to section 2401 or 2401a
of this title if the Secretary of Defense makes the following findings
with respect to that contract:
- `(1) The need for the vessels or services to be provided under the
contract is expected to remain substantially unchanged during the contemplated
contract or option period.
- `(2) There is a reasonable expectation that throughout the contemplated
contract or option period the Secretary of the Navy (or, if the contract
is for services to be provided to, and funded by, another military department,
the Secretary of that military department) will request funding for the
contract at the level required to avoid contract cancellation.
- `(3) The use of such contract or the exercise of such option is
in the interest of the national defense.
- `(j) SOURCE OF FUNDS FOR TERMINATION LIABILITY- If a contract entered
into under this section is terminated, the costs of such termination may
be paid from--
- `(1) amounts originally made available for performance of the contract;
- `(2) amounts currently available for operation and maintenance of
the type of vessels or services concerned and not otherwise obligated;
or
- `(3) funds appropriated for those costs.'.
- (b) CLERICAL AMENDMENT- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
- `7233. Auxiliary vessels: authority for long-term charter contracts.'.
Subtitle C--Matters Relating to Counter Drug Activities
SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT 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 2000'.
- (b) TYPES OF SUPPORT- Subsection (b)(4) of such section is amended
by inserting before the period at the end the following: `conducted by
the Department of Defense or a Federal, State, or local law enforcement
agency, or a foreign law enforcement agency in the case of counter-drug
activities outside the United States'.
- (c) UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS- Such section
is further amended by adding at the end the following new section:
- `(h) UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS- Section 2805
of title 10, United States Code, shall apply with respect to any unspecified
minor military construction project carried out using the authority provided
under this section.'.
SEC. 1022. SUPPORT FOR COUNTER-DRUG OPERATION CAPER FOCUS.
- (a) SUPPORT REQUIRED- During fiscal year 1999, the Secretary of
Defense shall make available such surface vessels of the Navy and maritime
patrol aircraft and crews 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.
- (b) FISCAL YEAR 1999 FUNDING- Of the amount authorized to be appropriated
pursuant to section 301(20) for drug interdiction and counter-drug activities,
$24,400,000 shall be available only for the purpose of conducting the counter-drug
operation known as Caper Focus.
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1031. ANNUAL REPORT ON RESOURCES ALLOCATED TO SUPPORT AND MISSION ACTIVITIES.
- Section 113 of title 10, United States Code, is amended by adding
at the end the following new subsection:
- `(l) The Secretary shall include in the annual report to Congress
under subsection (c) the following:
- `(1) A comparison of the amounts provided in the defense budget
for support and for mission activities for each of the preceding five 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 years.
- `(3) An accounting, shown by service and by major occupational category,
of the number of military and civilian personnel assigned to support positions
during each of the preceding five years.
- `(4) A listing of the number of military and civilian personnel
assigned to management headquarters and headquarters support activities
as a percentage of military end-strength for each of the preceding 10 years.'.
Subtitle E--Other Matters
SEC. 1041. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, ARMED FORCES RETIREMENT HOME, DISTRICT OF COLUMBIA.
- (a) SALE REQUIRED- Subsection (a) of section 1053 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2650) is amended--
- (1) by striking out `, by sale or otherwise,'; and
- (2) by adding at the end the following new sentence: `The conveyance
of the real property shall be made by sale to the highest bidder, except
that the purchase price may not be less than the fair market value of the
parcel.'.
- (b) CONFORMING AMENDMENT- Subsection (b)(1) of such section is amended
by striking out `the disposal' and inserting in lieu thereof `the sale'.
SEC. 1042. CONTENT OF NOTICE REQUIRED TO BE PROVIDED GARNISHEES BEFORE GARNISHMENT OF PAY OR BENEFITS.
- (a) AUTHORIZATION OF ALTERNATIVE TO PROVIDING COPY OF NOTICE OR
SERVICE RECEIVED BY THE SECRETARY- (1) 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 (c) 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 obligations.
- (2) 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
(c) in lieu of sending with that notice a copy (otherwise required pursuant
to the second parenthetical phrase in section
- (b) 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 subsection (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, pursuant 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.
- (c) ALTERNATIVE REQUIREMENTS- The information referred to in subsection
(a) 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 contact for the
purpose of obtaining such a copy.
- (d) REPORT- Not later than April 1, 2001, the Secretary 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 provided 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. 1043. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN FORCES.
- (a) TRAINING EXPENSES FOR WHICH PAYMENT MAY BE MADE- Subsection
(a)(1) of section 2011 of title 10, United States Code, is amended by striking
out `and other security forces'.
- (b) PURPOSE OF TRAINING- Subsection (b) of such section is amended
by striking out `primary'.
- (c) REGULATIONS- Subsection (c) of such section 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.'.
- (d) ELEMENTS OF ANNUAL REPORT- Subsection (e) of such section 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.'.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. AUTHORITY FOR RELEASE TO COAST GUARD OF DRUG TEST RESULTS OF CIVIL SERVICE MARINERS OF THE MILITARY SEALIFT COMMAND.
- (a) IN GENERAL- Chapter 643 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 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 beginning 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. 1102. 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 after paragraph (3) the following new paragraph:
- `(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 determination.'.
- (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. 1103. RESTORATION OF ANNUAL LEAVE ACCUMULATED BY CIVILIAN EMPLOYEES AT INSTALLATIONS IN THE REPUBLIC OF PANAMA TO BE CLOSED PURSUANT TO THE PANAMA 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. 1104. REPEAL OF PROGRAM PROVIDING PREFERENCE FOR EMPLOYMENT OF MILITARY SPOUSES IN MILITARY CHILD CARE FACILITIES.
- 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. 1105. ELIMINATION OF RETAINED PAY AS BASIS FOR DETERMINING LOCALITY-BASED ADJUSTMENTS.
- Section 5302(8)(B) of title 5, United States Code, is amended by
inserting `(except a rate retained under subsection (a)(2) of that section)'
after `section 5363'.
SEC. 1106. OBSERVANCE OF CERTAIN HOLIDAYS AT DUTY POSTS OUTSIDE 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 observance of such holiday under subsection (a) occurs.'.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. LIMITATION ON FUNDS FOR PEACEKEEPING IN THE REPUBLIC OF BOSNIA AND HERZEGOVINA.
- (a) LIMITATION- The Secretary of Defense may not expend from funds
appropriated to the Department of Defense for fiscal year 1999 more than
$1,858,600,000 for the purpose of providing for United States participation
in Bosnia peacekeeping operations.
- (b) EMERGENCY EXCEPTION- The Secretary may increase the amount under
subsection (a) by not more than $100,000,000 for the sole purpose of safeguarding
United States forces in the event of hostilities, imminent hostilities,
or other grave danger to their well-being. Such an increase may become
effective only upon submission by the Secretary to Congress of a certification
that such grave danger exists and that such additional funds are required
to meet immediate security threats.
- (c) REPORT- Not later than April 1, 1999, the Secretary of Defense
shall submit to Congress a report with respect to United States participation
in Bosnia peacekeeping operations. The report shall provide a detailed
projection of any additional funding that will be required by the Department
of Defense to meet mission requirements for such operations for the remainder
of fiscal year 1999.
- (d) PRESIDENTIAL AUTHORITY- 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.
- (e) BOSNIA PEACEKEEPING OPERATIONS- For purposes of subsection (a),
the term `Bosnia peacekeeping operations' means the operation designated
as Operation Joint Force, the operation designated as Operation Joint Endeavor,
and any other operation under which United States military forces participate
in peacekeeping or peace enforcement activities in the Republic of Bosnia
and Herzegovina and any activity that is directly related to the support
of any such operation.
SEC. 1202. REPORTS ON THE MISSION OF UNITED STATES FORCES IN REPUBLIC OF BOSNIA AND HERZEGOVINA.
- (a) FINDINGS- Congress finds the following:
- (1) In section 1202(1) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1929; approved November
18, 1997), it was stated to be the sense of Congress that United States
ground combat forces should not participate in a follow-on force in the
Republic of Bosnia and Herzegovina after June 1998.
- (2) On December 16, 1997, the President announced his support for
the continued deployment of United States ground combat forces in the Republic
of Bosnia and Herzegovina after June 30, 1998, as part of a multinational
peacekeeping force led by the North Atlantic Treaty Organization (NATO).
- (3) The President's decision to extend the presence of United States
ground combat forces in the Republic of Bosnia and Herzegovina has changed
the mission of those forces in a fundamental manner.
- (4) The President has in effect committed United States ground combat
forces in the Republic of Bosnia and Herzegovina to providing a secure
environment for complete implementation of the civilian provisions of the
Dayton Accords.
- (5) The Administration has not specified how long such an achievement
will take and, therefore, the mission of United States ground combat forces
in the Republic of Bosnia and Herzegovina is of indefinite duration.
- (b) ANNUAL PRESIDENTIAL REPORT- (1) The President shall submit to
Congress an annual report on the presence of United States ground combat
forces in the Republic of Bosnia and Herzegovina. Each such report shall
include the following:
- (A) The President's assessment of progress toward the full implementation
of the civilian goals of the Dayton Accord, as specified in subsection
(c).
- (B) The expected duration of the deployment of United States ground
combat forces in the Republic of Bosnia and Herzegovina in support of implementation
of those goals.
- (C) The percentage of those goals 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.
- (2) The first report under this subsection shall be submitted not
later than 90 days after the date of the enactment of this Act, and subsequent
reports shall be submitted at yearly intervals thereafter. The requirement
to submit an annual report under this subsection terminates upon the withdrawal
of all United States ground combat forces from the Republic of Bosnia and
Herzegovina.
- (c) BASIS FOR ASSESSMENT OF PROGRESS- For purposes of subsection
(b)(1)(A), the President shall assess whether progress is being made toward
implementation of the civilian goals of the Dayton Accords based upon assessment
of the following goals and associated matters:
- (1) Accomplishment of military stability, as measured by--
- (A) the maintenance of the cease-fire between the former warring
parties;
- (B) the continued cantonment of heavy weapons and the observance
of arms limitations;
- (C) the disbanding of special police;
- (D) the termination of covert support to the Srpska Demokratska
Stranka party by the Federal Republic of Yugoslavia; and
- (E) similar measures.
- (2) Police and judicial reform, as measured by--
- (A) the restructuring and ethnic integration of local police;
- (B) completion of human rights training by local police forces;
- (C) the demonstrated ability of local police to deal effectively
and impartially with civil disturbances and disorder;
- (D) the implementation of an effective judicial reform program;
and
- (E) similar measures.
- (3) Creation and implementation of effective national institutions
untainted by ethnic separatism, as measured by--
- (A) the dissolution of previously outlawed institutions;
- (B) a functioning customs service with national control over customs
revenues;
- (C) transparency in national budgets and disbursements; and
- (D) similar measures.
- (4) Media reform, as measured by--
- (A) the divestiture of control of broadcast networks from the control
of political parties;
- (B) opposition party access to media;
- (C) the availability of alternative and independent media throughout
the Republic of Bosnia and Herzegovina; and
- (D) similar measures.
- (5) Democratization and reform of the electoral process, as measured
by--
- (A) transparent functioning of local, entity, and national governments;
- (B) acceptance of binding arbitration for the implementation of
results in contested local elections;
- (C) modification of electoral laws to meet international and Organization
for Security and Cooperation in Europe (OSCE) standards;
- (D) the free and fair conduct of the September 1998 national elections
and subsequent elections; and
- (E) similar measures.
- (6) Return of refugees, as measured by--
- (A) compliance of entity property laws with the Dayton Accords;
- (B) participation by entity governments in orderly cross-ethnic
returns;
- (C) protection by local police of returnees;
- (D) acceptance of substantial numbers of returned refugees in major
cities; and
- (E) similar measures.
- (7) Resolution of the status of Brcko, as measured by--
- (A) the implementation of local election results;
- (B) the functioning of an ethnically integrated police force;
- (C) ethnic reintegration of Brcko and the surrounding region; and
- (D) similar measures.
- (8) Compliance of persons indicted for war crimes by the International
Tribunal for the Former Yugoslavia, as measured by--
- (A) the termination of political, military, and media control by
war criminals;
- (B) the assistance of local authorities in apprehension of indictees;
- (C) the cooperation of entity justice establishments in cooperating
with the Tribunal; and
- (D) similar measures.
- (9) The ability of international organizations to carry out their
functions within the Republic of Bosnia and Herzegovina without military
support, as measured by--
- (A) the ability of local authorities to carry out demining programs;
- (B) the ability of the Office of the High Representative to enforce
inter-entity agreements without accompanying military shows of force; and
- (C) similar measures.
- (10) Economic reconstruction and recovery, as measured by--
- (A) local currency circulating freely and its use in official transactions;
- (B) an agreement reached on a permanent national currency in use
in all entities;
- (C) the creation of privatization laws consistent with the Dayton
Accords;
- (D) government control over sources of revenue;
- (E) substantial repair and functioning of major infrastructure elements;
- (F) an in-place International Monetary Fund program; and
- (G) similar measures.
- (d) SECRETARY OF DEFENSE REPORT- (1) Not later than December 15,
1998, the Secretary of Defense shall submit to the congressional defense
committees a report on the effects of military operations in the Republic
of Bosnia and Herzegovina and the Balkans region on the capabilities of
United States military forces and, in particular, 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 unified combatant commands.
- (2) Whenever the number of United States ground combat forces in
the Republic of Bosnia and Herzegovina increases or decreases by 10 percent
or more compared to the number of such forces as of the most recent previous
report under this subsection, the Secretary shall submit an additional
report as specified in paragraph (1). 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.
- (3) The Secretary shall include in each report under this subsection
information with respect to the effects of military operations in the Republic
of 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 accordance with the deployment timelines called for in the war plans
of the commanders of unified combatant commands. Such information shall
include information on the effects of those operations upon anticipated
deployment plans for major theater wars in Southwest Asia or on the Korean
peninsula including the following:
- (A) Deficiencies or delays in deployment of strategic lift, logistics
support and infrastructure, ammunition (including precision guided munitions)
support forces, intelligence assets, follow-on forces used for planned
counteroffensives, and similar forces.
- (B) Additional planned reserve component mobilization, including
specific units to be ordered to active duty and required dates for activation
of presidential call-up authority.
- (C) Specific plans and timelines for redeployment of United States
forces from the Republic of Bosnia and Herzegovina, the Balkans region,
or supporting forces in the region, to both the first and second major
theater war.
- (D) Preventative actions or deployments involving United States
forces in the Republic of 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.
- (E) Specific plans and timelines to replace forces deployed to the
Republic of Bosnia and Herzegovina, the Balkans region, or the surrounding
region to maintain United States military presence.
- (F) 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 the Republic
of 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.
- (e) DEFINITION OF DAYTON ACCORDS- For purposes of this section,
the term `Dayton 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.
SEC. 1203. REPORT ON MILITARY 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) in light of the proposed
inclusion of Poland, the Czech Republic, and Hungary in the NATO alliance.
The report shall set forth--
- (1) the tactical, operational, and strategic issues that would be
raised by the inclusion of Poland, the Czech Republic, and Hungary in the
NATO alliance;
- (2) the required improvements to common alliance military assets
that would result from the inclusion of those nations in the alliance;
- (3) the planned improvements to national capabilities of current
NATO members that would be required by reason of the inclusion of those
nations in the alliance;
- (4) the planned improvements to national capabilities of the military
forces of those candidate member nations; and
- (5) the additional requirements that would be imposed on the United
States by NATO expansion.
- (b) MATTERS TO BE INCLUDED- The report shall include the following:
- (1) An assessment of the tactical and operational capabilities of
the military forces of each of the candidate member nations.
- (2) An assessment of the capability of each candidate member nation
to provide logistical, command and control, and other vital infrastructure
required for alliance defense (as specified in Article V of the NATO Charter),
including a description in general terms of alliance plans for reinforcing
each candidate 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 particular, describing plans for ground reinforcement
of Hungary.
- (3) An assessment of the ability of current and candidate alliance
members to deploy and sustain combat forces in alliance defense missions
conducted in the territory of any of the candidate 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 candidate alliance
member nation, including planned investments in capabilities relevant to
Article V alliance defense and potential alliance contingency operations
and showing both planned national efforts as well as planned alliance common
efforts and describing any disparities in investments by current or candidate
alliance member nations.
- (5) A detailed comparison and description of any disparities in
scope, methodology, assessments of common alliance or national responsibilities,
or any other factor related to alliance 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.
- (c) SUBMISSION OF REPORT- The report shall be submitted to Congress
not later than March 15, 1999.
SEC. 1204. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR SUPPORT OF UNITED NATIONS SPECIAL 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 in the form of funds, including funds used
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- Subsection (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. 1205. REPEAL OF LANDMINE MORATORIUM.
- Section 580 of the Foreign Operations Appropriations Act, 1996 (Public
Law 104-107; 110 Sat 751), is repealed.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
- (a) SPECIFICATION OF CTR PROGRAMS- For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in subsection (b) of section 406 of title 10, United
States Code (as added by section 1305).
- (b) FISCAL YEAR 1999 COOPERATIVE THREAT REDUCTION FUNDS DEFINED-
As used in this title, the term `fiscal year 1999 Cooperative Threat Reduction
funds' means the funds appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
SEC. 1302. FUNDING ALLOCATIONS.
- (a) IN GENERAL- Of the fiscal year 1999 Cooperative Threat Reduction
funds, not more than the following amounts may be obligated for the purposes
specified:
- (1) Except as provided in paragraph (11), for strategic offensive
arms elimination in Russia, $142,400,000.
- (2) Except as provided in paragraph (11), 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 destruction
in Russia, $35,000,000.
- (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 activities in
Russia, $2,000,000.
- (10) For activities designated as Other Assessments/Administrative
Support $7,000,000.
- (11) For strategic arms elimination in Russia or Ukraine, $31,400,000.
- (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 paragraphs (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 paragraphs
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 notification.
- (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 funds appropriated for Cooperative Threat Reduction programs
for any prior fiscal year and remaining available for obligation, may be
obligated or expended for any of the following purposes:
- (1) Conducting with Russia any peacekeeping exercise or other peacekeeping-related
activity.
- (2) Provision of housing.
- (3) Provision of assistance to promote environmental restoration.
- (4) Provision of assistance to promote job retraining.
- (5) Programs other than the programs specified in subsection (b)
of section 406 of title 10, United States Code (as added by section 1305).
- (b) LIMITATION WITH RESPECT TO DEFENSE CONVERSION ASSISTANCE- 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 DESTRUCTION FACILITY.
- No fiscal year 1999 Cooperative Threat Reduction funds authorized
to be obligated in section 1302(a)(4) for activities associated with chemical
weapons destruction in Russia, and no funds appropriated for Cooperative
Threat Reduction programs for any prior fiscal year and remaining available
for obligation, may be used for construction of a chemical weapons destruction
facility.
SEC. 1305. LIMITATION ON OBLIGATION OF FUNDS FOR A SPECIFIED PERIOD.
- (a) IN GENERAL- (1) Chapter 20 of title 10, United States Code,
is amended by adding at the end the following new section:
`Sec. 406. Use of Cooperative Threat Reduction program funds: limitation
- `(a) IN GENERAL- In carrying out Cooperative Threat Reduction programs
during any fiscal year, the Secretary of Defense may use funds appropriated
for those programs only to the extent that those funds were appropriated
for that fiscal year or for either of the 2 preceding fiscal years.
- `(b) DEFINITION OF COOPERATIVE THREAT REDUCTION PROGRAMS- In this
section, the term `Cooperative Threat Reduction programs' means the following
programs with respect to states of the former Soviet Union:
- `(1) Programs to facilitate the elimination, and the safe and secure
transportation and storage, of nuclear, chemical, and other weapons of
mass destruction and their delivery vehicles.
- `(2) Programs to facilitate the safe and secure storage of fissile
materials derived from the elimination of nuclear weapons.
- `(3) Programs to prevent the proliferation of weapons of mass destruction,
components, and technology and expertise related to such weapons.
- `(4) Programs to expand military-to-military and defense contacts.'.
- (2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
- `406. Use of Cooperative Threat Reduction program funds: limitation.'.
- (b) EFFECTIVE DATE- The limitation described in section 406 of title
10, United States Code, as added by subsection (a), shall apply with respect
to fiscal years beginning with fiscal year 1999.
SEC. 1306. REQUIREMENT TO SUBMIT BREAKDOWN OF AMOUNTS REQUESTED BY PROJECT CATEGORY.
- The Secretary of Defense shall submit to Congress on an annual basis,
not later than 30 days after the date that the President submits to Congress
the budget of the United States Government for the following fiscal year--
- (1) a breakdown, with respect to the appropriations requested for
Cooperative Threat Reduction programs for the fiscal year after the fiscal
year in which the breakdown is submitted, of the amounts requested for
each project category under each Cooperative Threat Reduction program element;
and
- (2) a breakdown, with respect to appropriations for Cooperative
Threat Reduction programs for the fiscal year in which the breakdown is
submitted, of the amounts obligated or expended, or planned to be obligated
or expended, for each project category under each Cooperative Threat Reduction
program element.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL COMPLETION OF FISCAL YEAR 1998 REQUIREMENTS.
- (a) USE OF FUNDS FOR PROGRAMS RELATED TO START II TREATY- No fiscal
year 1999 Cooperative Threat Reduction funds may be obligated or expended
for strategic offensive arms elimination projects in Russia related to
the START II Treaty (as defined in section 1302(f) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948))
until 30 days after the date on which the Secretary of Defense submits
to Congress the certification described in section 1404 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1960).
- (b) USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION FACILITY- No fiscal
year 1999 Cooperative Threat Reduction funds may be obligated or expended
for activities relating to a chemical weapons destruction facility until
15 days after the date that is the later of the dates described in section
1405 of the National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1960).
- (c) USE OF FUNDS FOR DESTRUCTION OF CHEMICAL WEAPONS- No funds authorized
to be appropriated under this or any other Act for fiscal year 1999 for
Cooperative Threat Reduction programs may be obligated or expended for
chemical weapons destruction activities until the President submits to
Congress the written certification described in section 1406(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1961).
- (d) USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN FISSILE MATERIAL-
No fiscal year 1999 Cooperative Threat Reduction funds may be obligated
or expended for planning, design, or construction of a storage facility
for Russian fissile material until 15 days after the date that is the later
of the dates described in section 1407 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1962).
- (e) USE OF FUNDS FOR WEAPONS STORAGE SECURITY- No fiscal year 1999
Cooperative Threat Reduction funds intended for weapons storage security
activities in Russia may be obligated or expended until 15 days after the
date that the Secretary of Defense submits to Congress the report on the
status of negotiations between the United States and Russia described in
section 1408 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1962).
SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.
- (a) REPORT- Not later than December 31, 1998, 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 military
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 permitted individuals
from the United States or other countries to visit military and nonmilitary
biological research, development, testing, and production sites in order
to resolve ambiguities 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 funds 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.-Russian Cooperation'.
SEC. 1309. 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 prevention activities
in Russia until 15 days after the date that is the later of the following:
- (1) The date on which the Secretary of Defense submits to Congress
a certification that no Cooperative Threat Reduction funds provided for
cooperative research activities at biological research institutes in Russia
have been used--
- (A) to support activities that have resulted in the development
of a new strain of anthrax; or
- (B) for any purpose inconsistent with the objectives of providing
such assistance.
- (2) The date on which the Secretary submits to the congressional
defense committees notification that the United States has examined and
tested the new strain of anthrax reportedly developed at the State Research
Center for Applied Microbiology in Obolensk, Russia.
SEC. 1310. LIMITATION ON USE OF CERTAIN FUNDS FOR STRATEGIC ARMS ELIMINATION IN RUSSIA OR UKRAINE.
- No fiscal year 1999 Cooperative Threat Reduction funds authorized
to be obligated in section 1302(a)(11) for strategic arms elimination in
Russia or Ukraine may be obligated or expended until 30 days after the
date that the
SEC. 1311. 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.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
- This division may be cited as the `Military Construction Authorization
Act for Fiscal Year 1999'.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 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 Anniston Army Depot $3,550,000
Fort Rucker $4,300,000
Redstone Arsenal $1,550,000
California Fort Irwin $14,800,000
Georgia Fort Benning $28,600,000
Hawaii Schofield Barracks $67,500,000
Illinois Rock Island Arsenal $5,300,000
Indiana Crane Army Ammunition Activity $7,100,000
Kansas Fort Riley $3,600,000
Kentucky Blue Grass Army Depot $5,300,000
Fort Campbell $41,000,000
Fort Knox $23,000,000
Louisiana Fort Polk $8,300,000
Maryland Fort Detrick $3,550,000
Missouri Fort Leonard Wood $28,200,000
New Jersey Fort Monmouth $7,600,000
Picatinny Arsenal $8,400,000
New York Fort Drum $4,650,000
United States Military Academy, West Point $85,000,000
North Carolina Fort Bragg $95,900,000
Oklahoma Fort Sill $13,800,000
McAlester Army Ammunition Plant $10,800,000
Texas Fort Bliss $4,100,000
Fort Hood $32,500,000
Fort Sam Houston $21,800,000
Utah Tooele Army Depot $3,900,000
Virginia National Ground Intelligence Center, Charlottesville $46,200,000
Fort Eustis $36,531,000
Washington Fort Lewis $18,200,000
CONUS Classified Classified Location $4,600,000
Total $639,631,000
- (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 military construction
projects for the locations outside the United States, and in the amounts,
set forth in the following table:
Army: Outside the United States
Country Installation or location Amount
Belgium 80th Area Support Group $6,300,000
Germany Schweinfurt $18,000,000
Wurzburg $4,250,000
Korea Camp Casey $13,400,000
Camp Castle $18,226,000
Camp Humphreys $8,500,000
Camp Stanley $5,800,000
Kwajalein Kwajalein Atoll $48,600,000
Total $123,076,000
SEC. 2102. FAMILY HOUSING.
- (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated 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 installations, for the purposes, and in the amounts
set forth in the following table:
Army: Family Housing
State Installation orlocation Purpose Amount
Alabama Redstone Arsenal 118 Units $14,000,000
Hawaii Schofield Barracks 64 Units $14,700,000
North Carolina Fort Bragg 170 Units $19,800,000
Texas Fort Hood 154 Units $21,600,000
Virginia Fort Lee 80 Units $13,000,000
Total $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
design 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 appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing military
family housing units in an amount not to exceed $37,429,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
- (a) IN GENERAL- Funds are hereby authorized to be appropriated 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 $2,010,036,000 as follows:
- (1) For military construction projects inside the United States
authorized by section 2101(a), $535,631,000.
- (2) For military construction projects outside the United States
authorized by section 2101(b), $87,076,000.
- (3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $5,000,000.
- (4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $63,792,000.
- (5) For military family housing functions:
- (A) For construction and acquisition, planning and design, and improvement
of military family housing and facilities, $126,879,000.
- (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 Homeowners Assistance Program as authorized by section
2832 of title 10, United States Code, $7,500,000.
- (7) 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.
- (8) 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.
- (9) 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.
- (10) 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.
- (11) 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 authorized 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);
- (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 development center at the United
States Military Academy, West Point, New York); and
- (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).
- (c) ADJUSTMENTS- The total amount authorized to be appropriated
pursuant to paragraphs (1) through (11) 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;
and
- (2) $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. 2105. INCREASE IN FISCAL YEAR 1998 AUTHORIZATION FOR MILITARY CONSTRUCTION PROJECTS AT FORT DRUM, NEW YORK, AND FORT SILL, OKLAHOMA.
- (a) INCREASE- The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85;
111 Stat. 1967) is amended--
- (1) in the item relating to Fort Drum, New York, by striking out
`$24,400,000' in the amount column and inserting in lieu thereof `$24,900,000';
- (2) in the item relating to Fort Sill, Oklahoma, by striking out
`$25,000,000' in the amount column and inserting in lieu thereof `$28,500,000';
and
- (3) by striking out the amount identified as the total in the amount
column and inserting in lieu thereof `$602,750,000'.
- (b) CONFORMING AMENDMENT- 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
- (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.
- (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 Installation or location Amount
Arizona Marine Corps Air Station, Yuma $11,010,000
Naval Observatory Detachment, Flagstaff $990,000
California Marine Corps Air Station, Miramar $29,570,000
Marine Corps Base, Camp Pendleton $40,430,000
Naval Air Station, Lemoore $20,640,000
Naval Air Warfare Center Weapons Division, China Lake $10,140,000
Naval Facility, San Clemente Island $8,350,000
Naval Submarine Base, San Diego $11,400,000
District of Columbia Naval District, Washington $790,000
Florida Naval Air Station, Key West $3,730,000
Naval Air Station, Jacksonville $1,500,000
Naval Air Station, Whiting Field $1,400,000
Naval Station, Mayport $6,163,000
Georgia Marine Corps Logistics Base, Albany $2,800,000
Naval Submarine Base, Kings Bay $2,550,000
Hawaii Fleet and Industrial Supply Center, Pearl Harbor $9,730,000
Marine Corps Air Station, Kaneohe Bay $27,410,000
Naval Communications & Telecommunications Area Master Station Eastern Pacific, Wahiawa $1,970,000
Naval Shipyard, Pearl Harbor $11,400,000
Naval Station, Pearl Harbor $18,180,000
Naval Submarine Base, Pearl Harbor $8,060,000
Navy Public Works Center, Pearl Harbor $28,967,000
Illinois Naval Training Center, Great Lakes $20,280,000
Indiana Naval Surface Warfare Center, Crane $11,110,000
Maryland Naval Surface Warfare Center, Indian Head Division, Indian Head $13,270,000
Mississippi Naval Air Station, Meridian $3,280,000
Naval Construction Battalion Center Gulfport $10,670,000
North Carolina Marine Corps Air Station, Cherry Point $6,040,000
Marine Corps Base, Camp LeJeune $14,600,000
Pennsylvania Naval Surface Warfare Center Ship Systems Engineering Station, Philadelphia $2,410,000
Rhode Island Naval Education and Training Center, Newport $5,630,000
Naval Undersea Warfare Center Division, Newport $9,140,000
South Carolina Marine Corps Air Station, Beaufort $1,770,000
Marine Corps Reserve Detachment Parris Island $15,990,000
Naval Weapons Station, Charleston $9,737,000
Texas Naval Station, Ingleside $12,200,000
Virginia Fleet and Industrial Supply Center, Norfolk (Craney Island) $1,770,000
Fleet Training Center, Norfolk $5,700,000
Naval Air Station, Oceana $6,400,000
Naval Shipyard, Norfolk, Portsmouth $6,180,000
Naval Station, Norfolk $45,530,000
Naval Surface Warfare Center, Dahlgren $15,680,000
Tactical Training Group Atlantic, Dam Neck $2,430,000
Washington Naval Shipyard, Puget Sound $4,300,000
Strategic Weapons Facility Pacific, Bremerton $2,750,000
Total $484,047,000
- (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 military 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 Installation or location Amount
Greece Naval Support Activity, Souda Bay $5,260,000
Guam Naval Activities, Guam $10,310,000
Italy Naval Support Activity, Naples $18,270,000
United Kingdom Joint Maritime Communications Center, St. Mawgan $2,010,000
Total $35,850,000
SEC. 2202. FAMILY HOUSING.
- (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(5)(A), the Secretary
of the Navy 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:
Navy: Family Housing
State Installation or location Purpose Amount
California Naval Air Station, Lemoore 162 Units $30,379,000
Hawaii Navy Public Works Center, Pearl Harbor 150 Units $29,125,000
Total $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 housing 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 appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing military
family housing units in an amount not to exceed $221,991,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
- (a) IN GENERAL- Funds are hereby authorized to be appropriated 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 $1,776,726,000 as follows:
- (1) For military construction projects inside the United States
authorized by section 2201(a), $470,547,000.
- (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, $8,900,000.
- (4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $60,346,000.
- (5) For military family housing functions:
- (A) For construction and acquisition, planning and design, and improvement
of military family housing and facilities, $297,113,000.
- (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 authorized 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); and
- (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.
- (c) ADJUSTMENT- The total amount authorized to be appropriated 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) $6,323,000 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;
and
- (2) $5,000,000 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 of
the Navy.
TITLE XXIII--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 Installation or location Amount
Alabama Maxwell Air Force Base $19,398,000
Alaska Eielson Air Force Base $4,352,000
Arizona Luke Air Force Base $3,400,000
California Edwards Air Force Base $10,361,000
Travis Air Force Base $4,250,000
Vandenberg Air Force Base $18,709,000
Colorado Falcon Air Force Station $9,601,000
United States Air Force Academy $4,413,000
District of Columbia Bolling Air Force Base $2,948,000
Florida Eglin Air Force Base $20,437,000
Eglin Auxiliary Field 9 $3,837,000
MacDill Air Force Base $9,808,000
Tyndall Air Force Base $3,600,000
Georgia Robins Air Force Base $11,894,000
Hawaii Hickam Air Force Base $5,890,000
Idaho Mountain Home Air Force Base $16,397,000
Kansas McConnell Air Force Base $4,450,000
Maryland Andrews Air Force Base $4,448,000
Mississippi Keesler Air Force Base $35,526,000
Nevada Indian Springs Air Force Auxiliary Air Field $15,013,000
Nellis Air Force Base $6,378,000
New Jersey McGuire Air Force Base $6,044,000
New Mexico Holloman Air Force Base $11,100,000
Kirtland Air Force Base $1,774,000
North Carolina Seymour Johnson Air Force Base $6,100,000
North Dakota Grand Forks Air Force Base $2,686,000
Ohio Wright-Patterson Air Force Base $22,000,000
Oklahoma Altus Air Force Base $5,300,000
Tinker Air Force Base $25,385,000
Vance Air Force Base $6,223,000
South Carolina Charleston Air Force Base $24,330,000
South Dakota Ellsworth Air Force Base $6,500,000
Tennessee Arnold Air Force Base $11,600,000
Texas Brooks Air Force Base $7,000,000
Dyess Air Force Base $3,350,000
Lackland Air Force Base $14,930,000
Laughlin Air Force Base $7,315,000
Randolph Air Force Base $3,166,000
Washington Fairchild Air Force Base $13,820,000
McChord Air Force Base $51,847,000
Total $445,580,000
- (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:
Air Force: Outside the United States
Country Installation or location Amount
Germany Spangdahlem Air Base $13,967,000
Korea Kunsan Air Base $5,958,000
Osan Air Base $7,496,000
Turkey Incirlik Air Base $2,949,000
United Kingdom Royal Air Force, Lakenheath $15,838,000
Royal Air Force, Mildenhall $24,960,000
Total $71,168,000
SEC. 2302. FAMILY HOUSING.
- (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(5)(A), the Secretary
of the Air Force may construct or acquire family housing units (including
land acquisition) at the installations, for the purposes, and in the amounts
set forth in the following table:
Air Force: Family Housing
State Installation or location Purpose Amount
Alabama Maxwell Air Force Base 143 Units $16,300,000
Alaska Eielson Air Force Base 46 Units $12,932,000
California Edwards Air Force Base 48 Units $12,580,000
Vandenberg Air Force Base 95 Units $18,499,000
Delaware Dover Air Force Base 55 Units $8,998,000
Florida MacDill Air Force Base 48 Units $7,609,000
Patrick Air Force Base 46 Units $9,692,000
Tyndall Air Force Base 122 Units $14,500,000
Nebraska Offutt Air Force Base Ancillary Facility $870,000
Offutt Air Force Base Ancillary Facility $900,000
Offutt Air Force Base 90 Units $12,212,000
Nevada Nellis Air Force Base 60 Units $10,550,000
New Mexico Kirtland Air Force Base 37 Units $6,400,000
Ohio Wright-Patterson Air Force Base 40 Units $5,600,000
Texas Dyess Air Force Base 64 Units $9,415,000
Sheppard Air Force Base 65 Units $7,000,000
Washington Fairchild Air Force Base Ancillary Facility $1,692,000
Fairchild Air Force Base 14 Units $2,300,000
Total $158,049,000
- (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 architectural 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 appropriations 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 $81,778,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
- (a) IN GENERAL- Funds are hereby authorized to be appropriated 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 $1,577,264,000 as follows:
- (1) For military construction projects inside the United States
authorized by section 2301(a), $445,580,000.
- (2) For military construction projects outside the United States
authorized by section 2301(b), $71,168,000.
- (3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $7,135,000.
- (4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $37,592,000.
- (5) For military housing functions:
- (A) For construction and acquisition, planning and design, and improvement
of military family housing and facilities, $251,169,000.
- (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 authorized 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 appropriated 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) $9,584,000 which represents the combination of project savings
in military family housing construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force structure changes;
and
- (2) $11,000,000 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.
- (a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
Agency Installation or location Amount
Chemical Demilitarization Aberdeen Proving Ground, Maryland $186,350,000
Newport Army Depot, Indiana $191,550,000
Defense Logistics Agency Defense Fuel Support Point, Fort Sill, Oklahoma $3,500,000
Defense Fuel Support Point, Jacksonville Annex, Mayport, Florida $11,020,000
Defense Fuel Support Point, Jacksonville, Florida $11,000,000
Defense General Supply Center, Richmond (DLA), Virginia $10,500,000
Defense Fuels Supply Center, Camp Shelby, Mississippi $5,300,000
Defense Fuels Supply Center, Elmendorf Air Force Base, Alaska $19,500,000
Defense Fuels Supply Center, Pope Air Force Base, North Carolina $4,100,000
Various Locations $1,300,000
Defense Medical Facilities Office Barksdale Air Force Base, Louisiana $3,450,000
Beale Air Force Base, California $3,500,000
Carlisle Barracks, Pennsylvania $4,678,000
Cheatham Annex, Virginia $11,300,000
Edwards Air Force Base, California $6,000,000
Elgin Air Force Base, Florida $9,200,000
Fort Bragg, North Carolina $6,500,000
Fort Hood, Texas $14,100,000
Fort Stewart/Hunter Army Air Field, Georgia $10,400,000
Grand Forks Air Force Base, North Dakota $5,600,000
Holloman Air Force Base, New Mexico $1,300,000
Keesler Air Force Base, Mississippi $700,000
Marine Corps Air Station, Camp Pendleton, California.. $6,300,000
McChord Air Force Base, Washington $20,000,000
Moody Air Force Base, Georgia $11,000,000
Naval Air Station, Pensacola, Florida $25,400,000
Naval Hospital, Bremerton, Washington $28,000,000
Naval Hospital, Great Lakes, Illinois $7,100,000
Naval Station, San Diego, California $1,350,000
Naval Submarine Base, Bangor, Washington $5,700,000
Travis Air Force Base, California $1,700,000
Defense Education Activity Marine Corps Base, Camp LeJeune, North Carolina $16,900,000
United States Military Academy, West Point, New York $2,840,000
National Security Agency Fort Meade, Maryland $668,000
Special Operations Command Elgin Auxiliary Field 3, Florida $7,310,000
Elgin Auxiliary Field 9, Florida $2,400,000
Fort Campbell, Kentucky $15,000,000
MacDill Air Force Base, Florida $8,400,000
Naval Amphibious Base, Coronado, California $3,600,000
Stennis Space Center, Mississippi $5,500,000
Total $690,016,000
- (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations and locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
Agency Installation or location Amount
Ballistic Missile Defense Organization Kwajalein Atoll, Kwajalein $4,600,000
Defense Logistics Agency Lajes Field, Azores, Portugal $7,700,000
Defense Medical Facilities Office Naval Air Station, Sigonella, Italy $5,300,000
Royal Air Force, Lakenheath, United Kingdom $10,800,000
Defense Education Activity Fort Buchanan, Puerto Rico $8,805,000
Naval Activities, Guam $13,100,000
Special Operations Command Naval Station, Roosevelt Roads, Puerto Rico $9,600,000
Total $59,905,000
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 appropriation in
section 2404(a)(11)(A), the Secretary of Defense may improve existing military
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 appropriated 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
$2,386,023,000 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), $59,905,000.
- (3) For construction of the Ammunition 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 2405 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 2405 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 Fiscal Years 1990 and 1991 (division
B of Public Law 101-189; 106 Stat. 1640), as amended by section 2406 of
this Act, $17,954,000.
- (6) For unspecified minor construction projects under section 2805
of title 10, United States Code, $16,094,000.
- (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 construction
design under section 2807 of title 10, United States Code, $39,866,000.
- (9) For energy conservation projects authorized by section 2404,
$46,950,000.
- (10) For base closure and realignment activities as authorized by
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), $1,730,704,000.
- (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,
$7,000,000.
- (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 variations 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, Maryland).
- (c) ADJUSTMENT- The total amount authorized to be appropriated pursuant
to paragraphs (1) through (11) of subsection (a) is the sum of the amounts
authorized to be appropriated in such paragraphs, reduced by $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.
SEC. 2405. INCREASE IN FISCAL YEAR 1995 AUTHORIZATION FOR MILITARY CONSTRUCTION PROJECTS AT PINE BLUFF ARSENAL, ARKANSAS, AND UMATILLA ARMY DEPOT, OREGON.
- 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 Military 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. 2406. INCREASE IN FISCAL YEAR 1990 AUTHORIZATION FOR MILITARY CONSTRUCTION PROJECT AT PORTSMOUTH NAVAL HOSPITAL, VIRGINIA.
- (a) INCREASE- The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B of Public
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 INVESTMENT PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
- The Secretary of Defense may make contributions for the North Atlantic
Treaty Organization Security Investment program as provided in section
2806 of title 10, United States Code, in an amount 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. AUTHORIZATION OF APPROPRIATIONS, NATO.
- Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1998, for contributions by the Secretary
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 $169,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
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, $70,338,000;
and
- (B) for the Army Reserve, $84,608,000.
- (2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $33,721,000.
- (3) For the Department of the Air Force--
- (A) for the Air National Guard of the United States, $97,701,000;
and
- (B) for the Air Force Reserve, $35,371,000.
- (b) ADJUSTMENT- (1) The amount authorized to be appropriated 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. ARMY RESERVE CONSTRUCTION PROJECT, SALT LAKE CITY, UTAH.
- (a) COST SHARE REQUIREMENT- With regard to the military construction
project for the Army Reserve concerning construction of a reserve center
and organizational 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 agreement with the State
of Utah under which the State agrees to provide financial or in-kind contributions
in connection with the project.
- (b) REPEAL OF SUPERSEDED AUTHORITY- (1) Section 2603 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85; 111 Stat. 1983) is repealed.
- (2) Section 2601(a)(1)(B) of such Act is amended by striking out
`$66,267,000' and inserting in lieu thereof `$53,553,000'.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.
- (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--
- (1) 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 authorizations of appropriations
- (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 contributions to the North Atlantic
Treaty Organization Security Investment 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 sections 2201, 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.
- (b) TABLES- The tables referred to in subsection (a) are as follows:
Navy: Extension of 1996 Project Authorization
State Installation or location Project Amount
Puerto Rico Naval Station Roosevelt Roads Housing Office $710,000
Air Force: Extension of 1996 Project Authorization
State Installation or location Project Amount
Texas Lackland Air Force Base Family Housing (67 units) $6,200,000
Army National Guard: Extension of 1996 Project Authorization
State Installation or location Project Amount
Mississippi Camp Shelby Multipurpose Range Complex (Phase I) $5,000,000
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 (division 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 location Project Amount
Maryland Indian Head Naval Surface Warfare Center Denitrification/Acid Mixing Facility $6,400,000
SEC. 2704. EFFECTIVE DATE.
- Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
- (1) October 1, 1998; or
- (2) the date of enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
SEC. 2801. DEFINITION OF ANCILLARY SUPPORTING FACILITIES UNDER THE 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,'.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. RESTORATION OF DEPARTMENT OF DEFENSE LANDS USED BY ANOTHER FEDERAL AGENCY.
- (a) INCLUSION OF RESTORATION AS CONTRACT TERM- Section 2691 of title
10, United States Code, is amended by adding at the end the following new
subsection:
- `(c) As a condition of any lease, permit, license, or other grant
of access entered into by the Secretary of a military department with another
Federal agency authorizing the other agency to use lands under the control
of the Secretary, the Secretary may require the other 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 the condition
the land was in before its use by the agency. In lieu of performing the
work itself, the Federal agency may elect, with the consent of the Secretary,
to reimburse the Secretary for the costs incurred by the military department
to perform the removal and restoration work.'.
- (b) CLERICAL AMENDMENTS- (1) The heading of such section is amended
to read as follows:
`Sec. 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 permit or lease.'.
SEC. 2812. 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 maximum extent practicable, that outdoor recreation
opportunities (including fishing, hunting, trapping, wildlife viewing,
boating, and camping) made available to the public also provide equal access
for persons described in paragraph (2) when topographic, vegetative, and
water resources allow equal access without substantial modification to
the natural environment.
- `(2) Persons referred to in paragraph (1) are disabled veterans,
military dependents with disabilities, and other persons with disabilities.
- `(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 organizations in the
private sector that participate in outdoor recreation projects for persons
described in paragraph (2).
- `(c) ACCEPTANCE OF DONATIONS- In connection with the facilities
and programs for public outdoor recreation at military installations, in
particular the requirement under subsection (b) to provide equal 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 money or property, whether real, personal, mixed,
tangible, or intangible.
- `(d) TREATMENT OF VOLUNTEERS- A volunteer under subsection (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 5, United States Code, and the provisions
of such subchapter shall apply.'.
- (b) CONFORMING AMENDMENT- Such section is further amended by striking
out `SEC. 103.' and inserting in lieu thereof the following:
`SEC. 103. PROGRAM FOR PUBLIC OUTDOOR RECREATION.
- `(a) PROGRAM AUTHORIZED- '.
SEC. 2813. REPORT ON USE OF UTILITY SYSTEM CONVEYANCE AUTHORITY.
- (a) REPORT REQUIRED- Not later than March 1, 1999, the Secretary
of each military department shall submit to Congress a report containing--
- (1) the criteria to be used by the Secretary to select utility systems,
and related real property, under the jurisdiction of the Secretary for
conveyance to a municipal, private, regional, district, or cooperative
utility company or other entity under the authority of section 2688 of
title 10, United States Code; and
- (2) a description of the manner in which the Secretary will ensure
that any such conveyance does not adversely affect the national security
of the United States.
- (b) LIST OF LIKELY SYSTEMS FOR CONVEYANCE- The report submitted
by the Secretary of a military department under subsection (a) shall also
contain a list of the utility systems, including the locations of the utility
systems, that, as of the date of the submission of the report, the Secretary
considers are likely to be conveyed under the authority of section 2688
of title 10, United States Code.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 IN CONNECTION WITH MCCLELLAN AIR FORCE BASE, CALIFORNIA.
- (a) SOURCE OF PAYMENT- Notwithstanding subsection (b) of section
2906(a) of 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), the Secretary
of Defense may use amounts in the Department of Defense Base Closure Account
1990 established under subsection (a) of such section to pay stipulated
penalties assessed under the Comprehensive Environmental Response Compensation
- (b) AMOUNT OF PAYMENT- The amount expended under the authority of
subsection (a) may not exceed $15,000.
SEC. 2822. ELIMINATION OF WAIVER AUTHORITY REGARDING PROHIBITION 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).
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. 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) 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. 2832. 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) 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. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, JAMESTOWN, OHIO.
- (a) CONVEYANCE AUTHORIZED- The Secretary of the Army may convey,
without consideration, to the Greeneview Local School District of Jamestown,
Ohio, all right, title, and interest of the United States in and to a parcel
of excess Federal real property, including improvements thereon, that is
located at 5693 Plymouth Road in Jamestown, Ohio, and contains an Army
Reserve Center.
- (b) PURPOSE OF CONVEYANCE- The purpose of the conveyance under subsection
(a) is to permit the Greeneview Local School District to retain and use
the conveyed property for the benefit of the students of Greeneview schools.
- (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 Greeneview Local School District.
- (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. 2834. LAND CONVEYANCE, STEWART ARMY SUB-POST, NEW WINDSOR, 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 any improvements
thereon, consisting of approximately 291 acres at the Stewart Army Sub-Post
in New Windsor, New York.
- (b) EXCLUSION- The real property to be conveyed under subsection
(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 approximately 22-acre parcel at
Stewart Army Sub-Post that is proposed for transfer to the jurisdiction
and control of the Army Reserve.
- (c) DESCRIPTION OF PROPERTY- The exact acreage and legal description
of the real property to be conveyed
- (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. 2835. 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 approximately 4660 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 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 subsection
(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 reconveys 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 improvements 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(h)(2)).
- (f) ADMINISTRATIVE EXPENSES- In connection with the conveyance under
subsection (a), the Secretary may accept amounts provided by the Reuse
Authority 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 and shall be available, to
the extent provided in appropriation Acts, for the same purposes and subject
to the same limitations as other funds in such appropriation, fund, or
account.
- (g) DESCRIPTION OF PROPERTY- The property 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 National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 571), as amended by section 2838 of the National
Defense Authorization Act for Fiscal Year 1998 (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 consideration,
another parcel of real property at the Indiana Army Ammunition Plant consisting
of approximately 2,000 acres of additional riverfront property in order
to connect the parcel conveyed under paragraph (2) with the parcels of
Charlestown State Park conveyed to the State under paragraph (1) and title
II of the Defense Authorization Amendments and Base Closure and Realignment
Act (Public Law 100-526; 10 U.S.C. 2687 note).'.
SEC. 2836. 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
1033 acres located at the Volunteer Army Ammunition Plant, Chattanooga,
Tennessee, for the purpose of
- (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 subsection
(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, during the 10-year
period specified in subsection (c), the County reconveys all or any part
of the property conveyed under subsection (a), 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 conveyance under
subsection (a), the Secretary may accept amounts provided 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 and shall be available, to the extent provided
in appropriation Acts, for the same purposes and subject to the same limitations
as other funds in such appropriation, fund, or account.
- (h) 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 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. 2837. RELEASE OF REVERSIONARY INTEREST OF UNITED STATES IN FORMER REDSTONE ARMY ARSENAL PROPERTY CONVEYED TO ALABAMA SPACE SCIENCE EXHIBIT COMMISSION.
- (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 Science Exhibit Commission, an agency of the State
of Alabama. 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 consideration 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
- (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
- (2) the installation commander at Redstone Arsenal, Alabama, 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 subsection (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 not conveyed or released by the Secretary under subsection
(c).
- (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 (Public 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, political subdivision, municipal corporation,
or public corporation of the State of Alabama, and the land use of such
conveyed property may not be changed without the approval of the Secretary.
PART II--NAVY CONVEYANCES
SEC. 2841. EASEMENT, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.
- (a) EASEMENT AUTHORIZED- The Secretary of the Navy may grant an
easement, in perpetuity, to the Foothill/Eastern Transportation Corridor
Agency (in this section referred to as the `Agency') over a parcel of real
property at Marine Corps Base, Camp Pendleton, 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 conveyance of the easement
under subsection (a), the Agency shall pay to the United States an amount
equal to the fair market value of the easement, as determined by an independent
appraisal satisfactory to the Secretary 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 Beach under
the I-5 interstate highway 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 conveyed 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 easement under subsection
(a) as the Secretary considers appropriate to protect the interests of
the United States.
SEC. 2842. LAND CONVEYANCE, NAVAL RESERVE READINESS CENTER, PORTLAND, MAINE.
- (a) CONVEYANCE AUTHORIZED- The Secretary of the Navy may convey
to the Gulf of Maine Aquarium Development Corporation, Portland, Maine
(in this section referred to as the `Corporation'), all right, title, and
interest of the United States in and to a parcel of real property, including
improvements thereon and any appurtenant interest in submerged lands thereon,
consisting of approximately 3.72 acres in Portland, Maine, which is the
site of the Naval Reserve Readiness Center, Portland, Maine.
- (b) PURPOSE- The purpose of the conveyance under subsection (a)
is to facilitate economic development in accordance with the plan of the
Corporation for the construction of an aquarium and marine research facility
in Portland, Maine.
- (c) CONSIDERATION- (1) As consideration for the conveyance authorized
by subsection (a), the Corporation shall provide for such facilities as
the Secretary determines appropriate for the Naval Reserve to replace the
facilities conveyed under that subsection.
- (2) To provide the replacement facilities, the Corporation may--
- (A) convey to the United States a parcel of real property determined
by the Secretary to be an appropriate location for the facilities and design
and construct the facilities on the conveyed parcel; or
- (B) design and construct the facilities on such parcel of real property
under the jurisdiction of the Secretary as the Secretary shall specify.
- (3) The Secretary shall select the form in which the consideration
under paragraph (2) will be provided.
- (d) DESCRIPTION OF PROPERTY- The exact acreage and legal description
of the real property to be conveyed under subsection (a), and of the real
property, if any, to be conveyed under subsection (c), shall be determined
by surveys satisfactory to the Secretary. The cost of the surveys shall
be borne by the Corporation.
- (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 interest
of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. LAND CONVEYANCE, LAKE CHARLES AIR FORCE STATION, LOUISIANA.
- (a) CONVEYANCES 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 approximately 4.38 at Lake Charles Air Force Station,
Louisiana, 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) 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. 2852. LAND CONVEYANCE, AIR FORCE HOUSING FACILITY, LA JUNTA, COLORADO.
- (a) CONVEYANCE REQUIRED- 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.
- (b) PURPOSE OF CONVEYANCE- The purpose of the conveyance under subsection
(a) is to permit the city to develop the conveyed property for housing
and educational purposes.
- (c) 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.
- (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.
Subtitle E--Other Matters
SEC. 2861. 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. 2862. 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 Dyess Building'.
SEC. 2863. EXPANSION OF ARLINGTON NATIONAL CEMETERY.
- (a) LAND TRANSFER, NAVY ANNEX, ARLINGTON, VIRGINIA-
- (1) IN GENERAL- The Secretary of Defense shall provide for the transfer
to the Secretary of the Army of administrative jurisdiction over the following
parcels of land situated in Arlington, Virginia:
- (A) Certain lands which comprise approximately 26 acres bounded
by Columbia Pike to the south and east, Oak Street to the west, and the
boundary wall of Arlington National Cemetery to the north including Southgate
Road.
- (B) Certain lands which comprise approximately 8 acres bounded by
Shirley Memorial Boulevard (Interstate 395) to the south, property of the
Virginia Department of Transportation to the west, Columbia Pike to the
north, and Joyce Street to the east.
- (C) Certain lands which comprise approximately 2.5 acres bounded
by Shirley Memorial Boulevard (Interstate 395) to the south, Joyce Street
to the west, Columbia Pike to the north, and the cloverleaf interchange
of Route 100 and Columbia Pike to the east.
- (2) USE OF LAND- The Secretary of the Army shall incorporate the
parcels of land transferred under paragraph (1) into Arlington National
Cemetery.
- (3) REMEDIATION OF LAND FOR CEMETERY USE- Before the transfer of
administrative jurisdiction over the parcels of land under paragraph (1),
the Secretary of Defense shall provide for the removal of any improvements
on the parcels of land and, in consultation with the Superintendent of
Arlington National Cemetery, the preparation of the land for use for interment
of remains of individuals in Arlington National Cemetery.
- (4) REPORT- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
explaining in detail the measures required to prepare the land for use
as a part of Arlington National Cemetery.
- (5) DEADLINE- The Secretary of Defense shall complete the transfer
of administrative jurisdiction over the parcels of land under this subsection
not later than the earlier of--
- (A) January 1, 2010; or
- (B) the date when those parcels are no longer required (as determined
by the Secretary) for use as temporary office space due to the renovation
of the Pentagon.
- (b) MODIFICATION OF BOUNDARY OF ARLINGTON NATIONAL CEMETERY- .
- (1) IN GENERAL- The Secretary of the Army shall modify the boundary
of Arlington National Cemetery to include the following parcels of land
situated in Fort Myer, Arlington, Virginia:
- (A) Certain lands which comprise approximately 5 acres bounded by
the Fort Myer Post Traditional Chapel to the southwest, McNair Road to
the northwest, the Vehicle Maintenance Complex to the northeast, and the
masonry wall of Arlington National Cemetery to the southeast.
- (B) Certain lands which comprise approximately 3 acres bounded by
the Vehicle Maintenance Complex to the southwest, Jackson Avenue to the
northwest, the water pumping station to the northeast, and the masonry
wall of Arlington National Cemetery to the southeast.
- (2) REPORT- Not later than 180 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to Congress a report
describing additional parcels of land located in Fort Myer, Arlington,
Virginia, that may be suitable for use to expand Arlington National Cemetery.
- (3) SURVEY- The Secretary of the Army may determine the exact acreage
and legal description of the parcels of land described in paragraph (1)
by a survey.
SEC. 2864. REPORTING REQUIREMENTS UNDER DEMONSTRATION PROJECT FOR PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL GOVERNMENT AGENCIES.
- Section 816(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2820) is amended by striking out
`and 1998' and inserting in lieu thereof `through 2000'.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
- (a) IN GENERAL- Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1999 for weapons activities in
carrying out programs necessary for national security in the amount of
$4,142,100,000, 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 activities necessary for national security programs
in the amount of $2,138,375,000, 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, restoration, planning,
construction, acquisition, modification 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 maintenance facility, Lawrence
Livermore National Laboratory, Livermore, California, $6,500,000.
- Project 99-D-103, isotope sciences facility, Lawrence Livermore
National
- Project 99-D-104, protection of real property (roof reconstruction,
Phase II), Lawrence Livermore National Laboratory, Livermore, California,
$7,300,000.
- Project 99-D-105, central health physics calibration facility, Los
Alamos National Laboratory, Los Alamos, New Mexico, $3,900,000.
- Project 99-D-106, model validation and system certification test
center, Sandia National Laboratories, Albuquerque, New Mexico, $1,600,000.
- Project 99-D-107, joint computational engineering laboratory, Sandia
National Laboratories, 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 Laboratory, Los Alamos, New Mexico, $36,000,000.
- Project 96-D-102, stockpile stewardship facilities revitalization,
Phase VI, various locations, $20,423,000.
- Project 96-D-103, ATLAS, Los Alamos National Laboratory, Los Alamos,
New Mexico, $6,400,000.
- Project 96-D-104, processing and environmental technology laboratory,
Sandia National Laboratories, Albuquerque, New Mexico, $18,920,000.
- Project 96-D-105, contained firing facility addition, Lawrence Livermore
National Laboratory, 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 allocated as follows:
- Project 96-D-111, national ignition facility, Lawrence Livermore
National Laboratory, Livermore, California, $284,200,000.
- (C) For technology partnership and education, $49,000,000, to be
allocated as follows:
- (i) For technology partnership, $40,000,000.
- (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 activities necessary for national security programs
in the amount of $2,134,625,000, to be allocated as follows:
- (A) For operation and maintenance, $2,019,303,000.
- (B) For plant projects (including maintenance, restoration, planning,
construction, acquisition, modification of facilities, and the continuation
of projects authorized in prior years, and land acquisition related thereto),
$115,322,000, to be allocated as follows:
- Project 99-D-122, rapid reactivation, various locations, $11,200,000.
- Project 99-D-123, replace mechanical utility systems Y-12, Oak Ridge,
Tennessee, $1,900,000.
- Project 99-D-125, replace boilers and controls, Kansas City Plant,
Kansas City, Missouri, $1,000,000.
- Project 99-D-127, stockpile management restructuring initiative,
Kansas City Plant, Kansas City, Missouri, $13,700,000.
- Project 99-D-128, stockpile management restructuring initiative,
Pantex 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 factory 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 facility renovation,
Los Alamos National Laboratory, Los Alamos, New Mexico, $9,164,000.
- Project 97-D-123, structural upgrades, Kansas City Plant, Kansas
City, Missouri, $6,400,000.
- Project 96-D-122, sewage treatment quality upgrade (STQU), Pantex
Plant, Amarillo, Texas, $3,700,000.
- Project 95-D-102, chemistry and metallurgy research (CMR) upgrades
project, Los Alamos National Laboratory, Los Alamos, New Mexico, $16,000,000.
- 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 $240,000,000.
- (b) ADJUSTMENTS-
- (1) CONSTRUCTION- The total amount authorized to be appropriated
pursuant to paragraphs (1)(A)(ii), (1)(B)(ii), and (2)(B) of subsection
(a) is the sum of the amounts authorized to be appropriated in those paragraphs,
reduced by the sum of $30,000,000.
- (2) NON-CONSTRUCTION- The total amount authorized to be appropriated
pursuant to paragraphs (1)(A)(i), (1)(B)(i), (1)(C), (2)(A), and (3) of
subsection (a) is the sum of the amounts authorized to be appropriated
in those paragraphs, reduced by the sum of $340,900,000, 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 appropriated to
the Department of Energy for fiscal year 1999 for environmental restoration
and waste management in carrying out programs necessary for national security
in the amount of $5,706,650,000, 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 $1,046,240,000.
- (2) PRIVATIZATION- For privatization projects in carrying out environmental
restoration and waste management activities necessary for national security
programs in the amount of $286,857,000.
- (3) SITE PROJECT AND COMPLETION- For site project and completion
in carrying out environmental restoration and waste management activities
necessary for national security programs in the amount of $1,085,253,000,
to be allocated as follows:
- (A) For operation and maintenance, $886,090,000.
- (B) For plant projects (including maintenance, restoration, 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 Carolina, $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 systems upgrade, Savannah
River Site, Aiken, South Carolina, $3,120,000.
- Project 98-D-453, plutonium stabilization and handling system for
plutonium finishing plant, Richland, 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 laboratory, Savannah
River Site, Aiken, South Carolina, $7,000,000.
- Project 96-D-406, spent nuclear fuels canister storage and stabilization
facility, Richland, Washington, $38,680,000.
- Project 96-D-408, waste management upgrades, Kansas City Plant,
Kansas City,
- 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, ventilation, and air
conditioning and chiller retrofit, Savannah River Site, Aiken, South Carolina,
$8,000,000.
- Project 95-D-456, security facilities consolidation, Idaho Chemical
Processing Plant, Idaho National Engineering Laboratory, Idaho, $485,000.
- Project 92-D-140, F&H canyon exhaust upgrades, Savannah River
Site, Aiken, South Carolina, $3,667,000.
- Project 86-D-103, decontamination and waste treatment facility,
Lawrence Livermore National Laboratory, Livermore, California, $4,752,000.
- (4) POST-2006 COMPLETION- For post-2006 project completion in carrying
out environmental restoration and waste management activities necessary
for national security programs in the amount of $2,765,451,000, to be allocated
as follows:
- (A) For operation and maintenance, $2,684,195,000.
- (B) For plant projects (including maintenance, restoration, 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 infrastructure 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.
- (5) SCIENCE AND TECHNOLOGY- For science and technology in carrying
out environmental restoration and waste management activities necessary
for national security programs in the amount of $270,750,000.
- (6) PROGRAM DIRECTION- For program direction in carrying 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 appropriated pursuant
to paragraphs (1), (3)(A), (4)(A), (5), and (6) of subsection (a) is the
sum of the amounts authorized to be appropriated in those paragraphs, reduced
by the sum of $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 appropriated 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 $1,720,760,000, to be allocated as follows:
- (1) NONPROLIFERATION AND NATIONAL SECURITY- For nonproliferation
and national security, $693,900,000, to be allocated as follows:
- (A) For verification and control technology, $500,500,000, 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, $33,600,000.
- (B) For nuclear safeguards and security, $53,200,000.
- (C) For security investigations, $30,000,000.
- (D) For emergency management, $21,300,000.
- (E) For program direction, $88,900,000.
- (2) WORKER AND COMMUNITY TRANSITION ASSISTANCE- For worker and community
transition assistance, $45,000,000, to be allocated as follows:
- (A) For worker and community transition, $41,000,000.
- (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.
- (B) For program direction, $4,588,000.
- (C) For plant projects (including maintenance, restoration, 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, $94,000,000, to be allocated as follows:
- (A) For the Office of Environment, Safety, and Health (Defense),
$89,231,000.
- (B) For program direction, $4,769,000.
- (5) OFFICE OF HEARINGS AND APPEALS- 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, restoration, planning,
construction, acquisition, modification 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 locations, $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- The total amount authorized to be appropriated pursuant
to this section is the sum of the amounts authorized to be appropriated
in paragraphs (1) through (7) of subsection (a) reduced by the sum of $20,000,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
- Funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1999 for payment 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.
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 subsection (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, Congress.
- (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 construction
of any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost 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 additional 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 congressional 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 construction
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 available for the same purposes and for the same period as
the authorizations 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 pursuant 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 five 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
- (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 Representatives 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 activities
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 engineering 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 connection
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 committees a report on the activities
that the Secretary intends to carry out under this section and the circumstances
making 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.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 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 available 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 2000.
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 Energy, any of the following:
- (A) A project listed in paragraph (3) or (4) of section 3102.
- (B) A program referred to in paragraph (3), (4), or (5) of section
3102.
- (C) A project or program not described in subparagraph (A) or (B)
that is for environmental restoration or waste management activities necessary
for national security programs of the Department, that is being carried
out by the office, and for which defense environmental management funds
have been authorized and appropriated before the date of enactment of this
Act.
- (2) The term `defense environmental management funds' means funds
appropriated to the Department of Energy pursuant to an authorization for
carrying out environmental restoration 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 subsection (a)
during the period beginning on October 1, 1998, and ending on September
30, 1999.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. PROHIBITION ON FEDERAL LOAN GUARANTEES FOR DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION PROJECTS.
- Section 3132 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2034) is amended by adding at the
end the following new subsection:
- `(g) PROHIBITION ON LOAN GUARANTEES- The Secretary of Energy may
not guarantee any loan made by a private sector entity to a contractor
to pay for any costs (including costs described in subsection (a)(3)) borne
by the contractor to carry out a contract entered into under this section.'.
SEC. 3132. EXTENSION OF FUNDING PROHIBITION RELATING 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. 3133. USE OF CERTAIN FUNDS FOR MISSILE DEFENSE TECHNOLOGY DEVELOPMENT.
- Of the funds authorized to be appropriated pursuant to section 3101,
the Secretary of Energy shall make available not less than $60,000,000
for the purpose of developing, demonstrating, and testing hit-to-kill interceptor
vehicles for theater missile defense systems. The Secretary shall carry
out this section in cooperation with the Ballistic Missile Defense Organization
of the Department of Defense.
SEC. 3134. SELECTION OF TECHNOLOGY FOR TRITIUM PRODUCTION.
- (a) SELECTION OF TECHNOLOGY- (1) Subject to paragraph (2), the Secretary
of Energy shall select a primary technology for the production of tritium
not later than December 31, 1999.
- (2) The Secretary may not select a primary technology for the production
of tritium until the date that is the later of the following:
- (A) The date occurring 30 days after the completion of the test
program at the Watts Bar Nuclear Station, Tennessee.
- (B) The date on which the report required by subsection (b) is submitted.
- (b) REPORT- The Secretary of Energy shall submit to Congress a report
on the results of the test program at the Watts Bar Nuclear Station. The
report shall include--
- (1) data on any leakage of tritium from the test rods;
- (2) the amount of tritium produced during the test; and
- (3) any other technical findings resulting from the test.
SEC. 3135. LIMITATION ON USE OF CERTAIN FUNDS AT HANFORD SITE.
- (a) LIMITATION- (1) None of the funds described in subsection (b)
may be used unless the Secretary of Energy certifies to Congress not later
than 90 days after the date of the enactment of this Act that the Department
of Energy does not intend to pay overhead costs that exceed more than 33
percent of total contract costs during fiscal year 1999 for the Project
Hanford Management Contractors (at the Hanford Site, Richland, Washington),
including the prime contractor and subcontractors at any tier (including
Enterprise Company contractors).
- (2) For purposes of paragraph (1), overhead costs include--
- (A) indirect overhead costs, which include all activities whose
costs are spread across other accounts of the contractor or site;
- (B) support service overhead costs, which include activities or
services for which programs pay per unit used;
- (C) all fee, awards, and other profit on indirect and support service
overhead costs, or fees that are not attributable to performance on a single
project;
- (D) any portion of Enterprise Company costs for which there is no
competitive bid and which, under the prior contract, had been an indirect
or service function; and
- (E) all computer service and information management costs that had
previously been reported in indirect overhead or service center pool accounts.
- (b) FUNDS- The funds referred to in subsection (a) are the following:
- (1) $12,000,000 for reactor decontamination and decommissioning,
as authorized to be appropriated by section 3102 and allocated under subsection
(a)(4)(A).
- (2) $18,000,000 for single-shell tank drainage, as authorized to
be appropriated by section 3102 and allocated under subsection (a)(4)(A).
- (c) USE OF SAVINGS- The expected savings during fiscal year 1999
from compliance with subsection (a) shall be used at the Hanford Site for
ensuring full compliance with the Hanford Federal Facility Agreement and
Consent Order and recommendations of the Defense Nuclear Facilities Safety
Board.
- (d) SENSE OF CONGRESS- It is the sense of Congress that--
- (1) overhead costs for contractors performing environmental cleanup
work at defense nuclear facilities are out of control;
- (2) some of the increase in overhead costs can be attributed to
unnecessary regulation by the Department of Energy; and
- (3) the Department of Energy should take whatever actions possible
to minimize any increased costs of contractor overhead that are attributable
to unnecessary regulation by the Department.
Subtitle D--Other Matters
SEC. 3151. TERMINATION OF WORKER AND COMMUNITY TRANSITION ASSISTANCE.
- (a) PROHIBITION- No funds may be used by the Secretary of Energy
after September 30, 2000, to provide worker or community transition assistance
with respect to defense nuclear facilities, including assistance provided
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (42 U.S.C. 7274h).
- (b) REPEAL- Effective October 1, 2000, section 3161 of the National
Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h) is repealed.
- (c) 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 assistance 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 community 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, termination,
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--
- (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 Department of Energy
contractors and subcontractors; and
- (ii) involuntary separations of employees of contractors and subcontractors
of other Federal Government 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 two-year period preceding the date of the enactment
of this Act.
- (3) REPORT ON STUDY- The Comptroller General shall submit 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).
- (d) EFFECT ON USEC PRIVATIZATION ACT- (1) Section 3110(a)(5) of
the USEC Privatization Act (Public Law 104-134; 110 Stat. 1321-341; 42
U.S.C. 2297h-8(a)(5)) is amended by adding at the end the following: `With
respect to such section 3161, the Secretary shall, on and after the effective
date of the repeal of such section, provide assistance to any such employee
in accordance with the terms of such section as in effect on the day before
the effective date of its repeal.'.
- (2) After the effective date of the repeal of section 3161 of the
National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h),
no funds appropriated to the Department of Energy for atomic energy defense
activities may be used to provide assistance under that section (by reason
of the amendment made by paragraph (1)) to the adversely affected employees
described in section 3110(a)(5) of the USEC Privatization Act (Public Law
104-134; 110 Stat. 1321-341; 42 U.S.C. 2297h-8(a)(5)).
SEC. 3152. REQUIREMENT FOR PLAN TO MODIFY EMPLOYMENT SYSTEM USED BY DEPARTMENT OF ENERGY IN DEFENSE ENVIRONMENTAL MANAGEMENT PROGRAMS.
- (a) PLAN REQUIREMENT- (1) The Secretary of Energy shall develop
a plan to modify the Federal employment system used within the defense
environmental management programs of the Department of Energy to allow
for workforce restructuring in those programs.
- (2) The plan shall address strategies to recruit and hire--
- (A) individuals with a high degree of scientific and technical competence
in the areas of nuclear and toxic waste remediation and environmental restoration;
and
- (B) individuals with the necessary skills to manage large construction
and environmental remediation projects.
- (3) The plan shall include an identification 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 paragraph (2), 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.
- (b) REPORT- The Secretary shall submit to Congress a report on the
plan developed under subsection (a).
- (c) LIMITATION ON USE OF CERTAIN FUNDS- The Secretary of Energy
may not use more than 75 percent of the funds available to the Secretary
pursuant to the authorization of appropriations in section 3102(a)(6) (relating
to program direction) until the Secretary submits the report required by
subsection (b).
SEC. 3153. REPORT ON STOCKPILE STEWARDSHIP CRITERIA.
- (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) REPORT- Not later than March 1, 1999, 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 defined as of the date of the submission of the
report.
TITLE XXXII-DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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.
- In this title:
- (1) 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).
- (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 $82,647,000 of the
funds in the National Defense Stockpile Transaction 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)).
- (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 Congress receives the notification.
- (c) LIMITATIONS- The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations Acts.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. DEFINITIONS.
- 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 December 6, 1916.
- (5) The term `antitrust laws' means has the meaning given the term
in section 1(a) of the Clayton 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 `general land laws' includes the Mineral Leasing Act
(30 U.S.C. 181 et seq.) and the Materials Act of 1947 (30 U.S.C. 601 et
seq.), but excludes the Mining Law of 1872 (30 U.S.C. 22 et seq.).
- (7) The term `petroleum' has the meaning given the term in section
7420(3) of title 10, United States Code.
SEC. 3402. AUTHORIZATION OF APPROPRIATIONS.
- (a) AUTHORIZATION OF APPROPRIATIONS- 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 reserves;
- (2) closeout activities at Naval Petroleum Reserve Numbered 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) AVAILABILITY OF APPROPRIATIONS- Funds appropriated pursuant
to the authorization of appropriations in subsection (a) shall remain available
until expended.
SEC. 3403. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM DURING FISCAL YEAR 1999.
- Notwithstanding section 7430(b)(2) of title 10, United States Code,
during fiscal year 1999, any sale of any part of the United States share
of petroleum produced from Naval Petroleum Reserve Numbered 2 or Naval
Petroleum Reserve Numbered 3, shall be made at a price not less than 90
percent of the current sales price, as estimated by the Secretary of Energy,
of comparable petroleum in the same area.
SEC. 3404. DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 2.
- (a) DISPOSAL OF FORD CITY LOTS- (1) Subject to section 3407, the
Secretary of Energy shall dispose of that portion of Naval Petroleum Reserve
Numbered 2 located within the town lots in Ford City, California, as generally
depicted on the map of Naval Petroleum Reserve Numbered 2 that accompanies
the report of the Secretary entitled `Report and Recommendations on the
Management and Disposition of the Naval Petroleum and Oil Shale Reserves
(Excluding Elk Hills)', dated March 1997.
- (2) The Secretary of Energy may carry out the disposal of that portion
of Naval Petroleum Reserve Numbered 2 described in 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 any other means. 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 that portion of
Naval Petroleum Reserve Numbered 2 described in paragraph (1).
- (3) The Secretary of Energy may extend to a purchaser or other transferee
of property under this subsection such indemnities and warranties as the
Secretary considers reasonable and necessary to protect the purchaser or
transferee from claims arising from the ownership of the property by the
United States or the administration of the property by the Secretary of
Energy.
- (b) EVENTUAL TRANSFER OF ADMINISTRATIVE JURISDICTION- (1) The Secretary
of Energy shall continue to
- (2) After oil and gas operations are abandoned in Naval Petroleum
Reserve Numbered 2 under paragraph (1), the Secretary of Energy shall transfer
to the Secretary of the Interior administrative jurisdiction and control
over all public domain lands included within Naval Petroleum Reserve Numbered
2 (other than the portion of the reserve subject to 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.
SEC. 3405. DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 3.
- (a) CONTINUED ADMINISTRATION PENDING TERMINATION OF OPERATIONS-
The Secretary of Energy shall continue to administer Naval Petroleum 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 Petroleum Reserve Numbered 3 in accordance with
commercial operating practices.
- (b) DISPOSAL AUTHORITY- (1) After oil and gas operations are abandoned
in Naval Petroleum Reserve Numbered 3, the Secretary of Energy may dispose
of, subject to section 3407, the reserve by sale, lease, transfer, or other
means. 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 competitive procedures consistent with
commercial practices, as established by the Secretary of Energy.
- (2) The Secretary of Energy may extend to a purchaser or other transferee
of property under this subsection such indemnities and warranties as the
Secretary considers reasonable and necessary to protect the purchaser or
transferee from claims arising from the ownership of the property by the
United States or the administration of the property by the Secretary of
Energy.
- (c) RELATIONSHIP TO ANTITRUST LAWS- This section does not modify,
impair, or supersede the operation of the antitrust laws.
SEC. 3406. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
- (a) TRANSFER OF ADMINISTRATIVE JURISDICTION- Subject to section
3407, effective September 30, 1999, the Secretary of Energy shall transfer
to the Secretary of the Interior administrative jurisdiction and control
over all public domain lands included within Oil Shale Reserve Numbered
2 for management in accordance with the general 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. 3407. ADMINISTRATION.
- (a) CONTRACT AUTHORITY- Using the authority provided by section
303(c)(7) of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(c)(7)), the Secretary of Energy and the Secretary of the
Interior may separately enter into contracts for the acquisition of such
services as the Secretary considers necessary to carry out the requirements
of this title, except that the notification required under subparagraph
(B) of such section for each such contract shall be submitted to Congress
not less than seven days before the award of the contract.
- (b) 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.
- (c) DEPOSIT OF RECEIPTS- Notwithstanding any other law, all monies
received by the United States from the disposal of property under this
title or under section 7439 of title 10, United States Code, including
monies received from a lease entered into under this title or such section,
shall be deposited in the general fund of the Treasury.
- (d) TREATMENT OF ROYALTIES- Any petroleum accruing to the United
States as royalty from any lease of lands transferred under this title
or under section 7439 of title 10, United States Code, shall be delivered
to the United States, or shall be paid for in money, as the Secretary of
the Interior may elect.
- (e) ELEMENTS OF LEASE- A lease under this title may provide for
the exploration for, and development and production of, petroleum, other
than petroleum in the form of oil shale.
- (f) RELATIONSHIP TO CURRENT LAW- Except as otherwise provided in
this title, chapter 641 of title 10, United States Code, does not apply
to the disposal of property under this title and ceases to apply to property
in Naval Petroleum Reserve Numbered 2, Naval Petroleum Reserve
TITLE XXXV--PANAMA CANAL COMMISSION
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 administration
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
$90,000 for official reception and representation 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 Commission; and
- (3) not more than $48,000 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 transportation
to the Republic of Panama of passenger motor vehicles built in the United
States, 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 of funds,
property, or services authorized by 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. 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 subsection
(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 p.m., December 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 Transition 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. 3507. CENTRAL EXAMINING OFFICE.
- Section 1223 (22 U.S.C. 3663) is repealed.
SEC. 3508. LIABILITY FOR VESSEL ACCIDENTS.
- (a) COMMISSION LIABILITY SUBJECT TO CLAIMANT INSURANCE- (1) Section
1411(a) (22 U.S.C. 3771(a)) is amended by inserting `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 lieu 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 lieu thereof `Subject
to section 1419(b) of this Act, a claimant'.
- (b) LIMITATION ON LIABILITY- Section 1419 (22 U.S.C. 3779) is amended
by designating the text as subsection (a) and by adding at the end the
following:
- `(b) The Commission may not consider or pay any claim under section
1411 or 1412 of this Act, nor may an action for damages lie thereon, unless
the claimant is covered by one or more valid policies of insurance totalling
at least $1,000,000 against the injuries specified in those sections. The
Commission's liability on any such claim shall be limited to damages in
excess of all amounts recovered or recoverable by the claimant from its
insurers. The Commission may not consider or pay any claim by an insurer
or subrogee of a claimant under section 1411 or 1412 of this Act.'.
SEC. 3509. 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, except that such
compensation may not be reduced during a member's term of office from the
level established at the time of the appointment.'.
- (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. 3510. 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 before 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 enactment' 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'.
- (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 out `section' in both items of quoted
matter and inserting in lieu thereof `sections'.
TITLE XXXVI--MARITIME ADMINISTRATION
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 Transportation for the Maritime Administration
as follows:
- (1) For expenses necessary for operations and training activities,
$70,553,000.
- (2) For expenses under the loan guarantee program authorized 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. CONVEYANCE OF NDRF VESSEL M/V BAYAMON.
- (a) AUTHORITY TO CONVEY- The Secretary of Transportation may convey
all right, title, and interest of the United States Government in and to
the vessel M/V BAYAMON (United States official number 530007) to the Trade
Fair Ship Company, a corporation established under the laws of the State
of Deleware and having its principal offices located in New York, New York
(in this section referred to as the `recipient'), for use as 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) the recipient pays consideration equal to the domestic fair
market value of the vessel as determined by the Secretary;
- (B) the recipient agrees that any repair, restoration, or reconstruction
work for the vessel will be performed in the United States;
- (C) the recipient agrees to hold the Government harmless 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
- (D) 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 M/V BAYAMON shall be deposited in the Vessel Operations
Revolving Fund established by the Act of June 2, 1951 (chapter 121; 46
App. U.S.C. 1241a).
SEC. 3603. CONVEYANCE OF NDRF VESSELS BENJAMIN ISHERWOOD AND HENRY ECKFORD.
- (a) AUTHORITY TO CONVEY- The Secretary of Transportation may convey
all right, title, and interest of the United States Government in and to
the vessels BENJAMIN ISHERWOOD (TAO-191) and HENRY ECKFORD (TAO-192) to
a purchaser for the purpose of reconstruction of those vessels for sale
or charter.
- (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) the recipient pays consideration equal to the domestic fair
market value of the vessel, as determined by the Secretary;
- (B) the recipient agrees to sell or charter the vessel to a member
nation of the North Atlantic Treaty Organization for use as an oiler;
- (C) 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;
- (D) the recipient agrees that any repair, restoration, or reconstruction
work for the vessel will be performed in the United States; and
- (E) the recipient agrees to hold the Government harmless 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.
- (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 the Act of June 2, 1951
(chapter 121; 46 App. U.S.C. 1241a).
- (d) DURATION OF AUTHORITY- The authority of the Secretary under
this section may only be exercised during the one-year period beginning
on the date of the enactment of this Act.
SEC. 3604. CLEARINGHOUSE FOR MARITIME INFORMATION.
- Of the amount authorized to be appropriated pursuant to section
3601(1) for operations of the Maritime Administration, $75,000 shall be
available for the establishment at a State Maritime Academy 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 harmless 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.
END
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