H.R.3616 - Strom Thurmond National Defense Authorization Act for Fiscal Year 1999105th Congress (1997-1998)
Summary: H.R.3616 — 105th Congress (1997-1998)
Conference report filed in House (09/22/1998)
TABLE OF CONTENTS:
Division A: Department of Defense Authorizations
Title I: Procurement
Subtitle A: Authorization of Appropriations
Subtitle B: Army Programs
Subtitle C: Navy Programs
Subtitle D: Air Force Programs
Subtitle E: Other Matters
Title II: Research, Development, Test, and Evaluation
Subtitle A: Authorization of Appropriations
Subtitle B: Program Requirements, Restrictions,
Subtitle C: Ballistic Missile Defense
Subtitle D: Other Matters
Title III: Operation and Maintenance
Subtitle A: Authorization of Appropriations
Subtitle B: Program Requirements, Restrictions, and
Subtitle C: Environmental Provisions
Subtitle D: Information Technology Issues
Subtitle E: Defense Infrastructure Support
Subtitle F: Commissaries and Nonappropriated Fund
Subtitle G: Other Matters
Title IV: Military Personnel Authorizations
Subtitle A: Active Forces
Subtitle B: Reserve Forces
Subtitle C: Authorization of Appropriations
Title V: Military Personnel Policy
Subtitle A: Officer Personnel Policy
Subtitle B: Reserve Component Matters
Subtitle C: Military Education and Training
Subtitle D: Decorations, Awards, and Commendations
Subtitle E: Administration of Agencies Responsible for
Review and Correction of Military Records
Subtitle F: Reports
Subtitle G: Other Matters
Title VI: Compensation and Other Personnel Benefits
Subtitle A: Pay and Allowances
Subtitle B: Bonuses and Special and Incentive Pays
Subtitle C: Travel and Transportation Allowances
Subtitle D: Retired Pay, Survivor Benefits, and
Subtitle E: Other Matters
Title VII: Health Care Provisions
Subtitle A: Health Care Services
Subtitle B: TRICARE Program
Subtitle C: Health Care Services for Medicare-Eligible
Department of Defense Beneficiaries
Subtitle D: Other Changes to Existing Laws Regarding
Health Care Management
Subtitle E: Other Matters
Title VIII: Acquisition Policy, Acquisition Management, and
Subtitle A: Amendments to General Contracting
Authorities, Procedures, and Limitations
Subtitle B: Other Matters
Title IX: Department of Defense Organization and Management
Subtitle A: Department of Defense Officers and
Subtitle B: Department of Defense Financial Management
Subtitle C: Joint Warfighting Experimentation
Subtitle D: Other Matters
Title X: General Provisions
Subtitle A: Financial Matters
Subtitle B: Naval Vessels and Shipyards
Subtitle C: Counter Drug
Activities and Other Assistance for Civilian Law
Subtitle D: Miscellaneous Report Requirements and
Subtitle E: Armed Forces Retirement Home
Subtitle F: Matters Relating to Defense Property
Subtitle G: Other Department of Defense Matters
Subtitle H: Other Matters
Title XI: Department of Defense Civilian Personnel
Title XII: Matters Relating to Other Nations
Subtitle A: United States Armed Forces in Bosnia and
Subtitle B: Matters Relating to Contingency Operations
Subtitle C: Matters Relating to NATO and Europe
Subtitle D: Other Matters
Title XIII: Cooperative Threat Reduction With States of
Former Soviet Union
Title XIV: Domestic Preparedness for Defense Against Weapons
of Mass Destruction
Title XV: Matters Relating to Arms Control, Export Controls,
Subtitle A: Arms Control Matters
Subtitle B: Satellite Export Controls
Subtitle C: Other Export Control Matters
Subtitle D: Counterproliferation Matters
Division B: Military Construction Authorizations
Title XXI(sic): Army
Title XXII: Navy
Title XXIII: Air Force
Title XXIV: Defense Agencies
Title XXV: North Atlantic Treaty Organization Security
Title XXVI: Guard and Reserve Forces Facilities
Title XXVII: Expiration and Extension of Authorizations
Title XXVIII: General Provisions
Subtitle A: Military Construction Program and Military
Family Housing Changes
Subtitle B: Real Property and Facilities
Subtitle C: Defense Base Closure and Realignment
Subtitle D: Land Conveyances
Subtitle E: Other Matters
Title XXIX: Juniper Butte Range Withdrawal
Division C: Department of Energy National Security
Authorizations and Other Authorizations
Title XXXI(sic): Department of Energy National Security
Subtitle A: National Security Programs
Subtitle B: Recurring General Provisions
Subtitle C: Program Authorizations, Restrictions, and
Subtitle D: Other Matters
Title XXXII: Defense Nuclear Facilities Safety Board
Title XXXIII: National Defense Stockpile
Title XXXIV: Naval Petroleum Reserves
Title XXXV: Panama Canal Commission
Title XXXVI: Maritime Administration
Title XXXVII: Increased Monitoring of Products Made With
Title XXXVIII: Fair Trade in Automotive Parts
Title XXXIX: Radio Free Asia
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion and for other procurement.
(Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide and reserve procurement; (2) the Defense Inspector General; (3) the Defense Health Program; (4) the chemical demilitarization program; and (5) the defense export loan guarantee program.
Subtitle B: Army Programs - Authorizes the Secretary of the Army, beginning with the FY 1999 program year, to enter into a multi-year contract for procurement of the AGM-114 Longbow Hellfire missile.
(Sec. 112) Authorizes the Secretary of the Army to award a second-source procurement contract for production of the Family of Medium Tactical Vehicles only after a certification to the congressional defense and appropriations committees concerning the quantity and cost of such vehicles.
(Sec. 113) Limits the obligation of funds appropriated for certain armored system modernization programs until the Secretary of the Army reports to the defense and appropriations committees concerning such programs.
(Sec. 114) Prohibits the obligation of funds for the procurement of reactive armor tiles until 30 days after the Secretary of Defense (Secretary) reports to the defense and appropriations committees on armored system modernization.
(Sec. 115) Amends the Armament Retooling and Manufacturing Support Act of 1992 to extend through FY 1999 the authority to carry out the armament retooling and manufacturing support initiative.
Subtitle C: Navy Programs - Earmarks funds for the advance procurement and construction of components for the CVN-77 nuclear aircraft carrier program.
(Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1998 to increase the amount authorized to be excluded from certain cost limitations under the Seawolf submarine program.
(Sec. 123) Authorizes the Secretary of the Navy, beginning with the FY 1999 program year, to enter into a multi-year contract for procurement of: (1) the AV-8B, the T-45TS, and the E-2C aircraft; and (2) the Marine Corps Medium Tactical Vehicle Replacement.
(Sec. 124) Directs the Comptroller General (CG) to review and report to the Congress annually on the F-A 18E-F fighter aircraft.
Subtitle D: Air Force Programs - Prohibits the obligation of funds available for the F-22 aircraft program for advance procurement for the six Lot II F-22 aircraft until the Secretary submits to the defense and appropriations committees a certification of the completion of a specified amount of flight testing for such aircraft. Requires a related flight test certification from the Director of Operational Test and Evaluation.
(Sec. 132) Directs the Secretary to review and report to the defense and appropriations committees on the C-130J aircraft program.
Subtitle E: Other Matters - Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency, under agreements entered into with the Secretary of the Army, to carry out a program to provide assistance to State and local governments in developing capabilities to respond to emergencies involving risks to public health or safety that are identified by such Secretary as risks resulting from the storage or destruction of chemical agents and munitions at U.S. military installations or facilities. Requires an annual report from the Director. Provides program funding. Directs the Secretary of Defense to include information on such program within a required annual report concerning the defense chemical agents and munitions destruction program.
(Sec. 142) Directs the program manager for the Assembled Chemical Weapons Assessment program to continue to manage the development and testing of technologies for the destruction of lethal chemical munitions that are potential or demonstrated alternatives to the baseline incineration program. Authorizes the program manager to carry out implementation of chemical munitions destruction alternative technologies immediately after the successful demonstration of such technology and a demonstration report to the Congress by the Under Secretary of Defense for Acquisition and Technology. Requires an independent evaluation of the cost and schedule of such program. Requires the Secretary, if he proceeds with a pilot program concerning chemical weapons assessment under the National Defense Authorization Act for Fiscal Year 1996, to submit to the Congress a plan for that program. Provides program funding.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation (RDT&E), including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Earmarks funds for basic research and applied research projects.
Subtitle B: Program Requirements, Restrictions, and Limitations - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to extend through FY 2003 the Secretary's responsibilities for management of the Navy countermeasures program.
(Sec. 212) Earmarks authorized funds for RDT&E into the CVN-77 nuclear aircraft carrier program for its transition to CV(X) aircraft carrier technologies.
(Sec. 213) Amends Federal provisions concerning the defense manufacturing technology program to: (1) require the ratio of contract recipient cost to Government cost to be determined under competitive procedures; (2) require that a transaction file for every contract or agreement under the program awarded on other than a cost-sharing basis include the rationale for such determination; (3) remove a provision allowing a contractor-Federal cost share percentage of less than two to one; and (4) require additional cost-sharing information to be included in a required five-year plan for such program.
(Sec. 214) Expresses the sense of the Congress: (1) that for each of FY 2000 through 2008 it should be an objective of the Secretary to increase the budget for the Defense Science and Technology Program by at least two percent over the previous year, after inflation; and (2) enumerating key objectives for the Program. Directs the Secretary to attempt to leverage commercial research, technology, products, and processes for the benefit of the Department of Defense (DOD). Authorizes the Secretary to allocate DOD basic and applied research funds to support any individual project or program under such Program. Outlines objectives with respect to Program management within the various military departments. Directs the Secretary to study and report to the Congress on the DOD technology base.
(Sec. 215) Earmarks authorized funds for the Next Generation Internet program, with a limitation.
(Sec. 216) Prohibits more than $233 million from being obligated for the Crusader self-propelled artillery system program until 30 days after the Secretary of the Army submits to the defense and appropriations committees an assessment of such system.
(Sec. 217) Directs the Secretary to assess and report to the Congress on the technical and operational aspects of the Airborne Laser program. Earmarks program funds, with a limitation on such funds until after the report is received.
(Sec. 218) Designates as a national security priority and directs the Secretary to develop an enhanced Global Positioning System (GPS). Expresses the sense of the Congress that: (1) future-year defense program funding should provide sufficient funds for GPS development; and (2) the Secretary of Transportation should provide sufficient funding to support additional civil frequencies for the GPS and other GPS civil enhancements. Requires the Secretary to submit a GPS plan to the Congress.
Subtitle C: Ballistic Missile Defense - Expresses the sense of th 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) U.S. territories should be afforded effective protection against such attack.
(Sec. 232) Prohibits funds appropriated for FY 1999 for the Ballistic Missile Defense Organization (BMDO)from being obligated for the Medium Extended Air Defense System until the Secretary certifies to the Congress that the future-years defense program includes sufficient System funding to complete its design and development phase.
(Sec. 233) Withholds $5 million of the funds appropriated for FY 1999 for the Russian-American Observational Satellite until the Secretary certifies to the Congress that DOD has received detailed information concerning the nature, extent, and implications of the transfer of ballistic missile technology from Russian sources to Iran.
(Sec. 234) Urges the United States to seek to foster a climate of cooperation with Russia on matters relating to ballistic missile defense, especially in such areas as early warning.
(Sec. 235) Sets forth program elements for purposes of budget requests for BMDO. Requires that amounts requested for theater and national missile defense major defense acquisition programs be specified in individual program elements, and that amounts appropriated for such programs be available only for ballistic missile defense activities.
(Sec. 236) Directs the Secretary to implement technical and price competition for the development and production of the interceptor missile for the Theater High-Altitude Area Defense (THAAD) system and to ensure that the prime contractor for THAAD provides the cooperation needed to establish such competition. Provides for: (1) a cost-sharing arrangement with such prime contractor for certain flight test failures under THAAD; (2) an engineering and manufacturing development phase for other THAAD elements; (3) development by the Secretary of a plan for THAAD deployment in response to theater ballistic missile threats that evolve before U.S. military forces are equipped with the objective configuration of those missiles and elements; and (4) a prohibition against the commencement of the THAAD interceptor missile engineering and development phase until there have been three successful tests of such missile.
Subtitle D: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1994 to extend through FY 2001 the authority of the Director of the Advanced Research Projects Agency to carry out certain prototype projects.
(Sec. 242) Earmarks RDT&E funds for: (1) a North Atlantic Treaty Organization (NATO) alliance ground surveillance concept definition based on the Joint Surveillance Target Attack Radar Technology Insertion Program sensor of the United States; and (2) contributions for the common-funded Civil Budget of NATO.
(Sec. 244) Directs the Secretary to be the executive agent for the Cooperative Research Program of the Departments of Defense and Veterans Affairs.
(Sec. 245) Directs the Assistant Secretary of Defense for Health Affairs to review and report to the Congress on research on pharmacological interventions for reversing brain injury.
(Sec. 246) Authorizes the Secretary to carry out a three-year pilot program to demonstrate improved cooperation with universities and other private entities for the performance of research and development functions. Requires participation consideration to be given to labs and centers where innovative management techniques have been demonstrated. Requires an implementation report from the Secretary to the Congress. Commends the Secretary on progress made by DOD science and technology laboratories and test and evaluation centers toward superior quality and work.
(Sec. 247) Directs the Secretary to review and modify DOD policies and doctrines on chemical warfare defense in order to achieve specified objectives, including the adequate protection of U.S. personnel from such exposure. Directs the Secretary to develop and carry out a plan to establish a research program for determining the effects of exposure to chemical warfare agents. Requires a report to the defense committees on review and research program results.
(Sec. 248) Earmarks RDT&E funds for research for discovering a combat capability that is comparable to that provided by anti-personnel land mines, anti-personnel submunitions, and current mixed mine systems. Directs the Secretary to include with FY 2000 budget materials submitted to the Congress an explanation of any funds requested for such purpose. Directs the Secretary to enter into two contracts for studies by appropriate scientific organizations relating to such research. Requires a report from the Secretary to the defense and appropriations committees in 2000 and 2001 describing the progress made in identifying such technologies.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home.
(Sec. 304) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts.
Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks O&M funds for: (1) the refurbishment of up to 70 M1-A1 tanks under a specified program; (2) paying operational costs of the prepositioned fleet of equipment during training rotations at the National Training Center in Fort Irwin, California; (3) relocating the U.S.S. Wisconsin from the Norfolk Naval Shipyard in Norfolk, Virginia; and (4) contributions for the common-funded Military Budget of NATO.
Subtitle C: Environmental Provisions - Directs the President to notify the Congress before entering into negotiations for the ex-gratia settlement of foreign claims against the United States for environmental cleanup of former DOD installations in a foreign country.
Requires such fund use to be specifically authorized by law, treaty, or international agreement.
(Sec. 322) Authorizes the Secretary to make payments to Canada in each of FY 1999 through 2008 for the environmental cleanup of formerly used defense sites there. Provides funding for such payments from amounts authorized for DOD defense-wide O&M.
(Sec. 323) Authorizes the Secretary of the Army to use specified O&M funds for the removal of underground storage tanks.
(Sec. 324) Directs the Secretary to report to specified congressional committees on the status of foreign-manufactured polychlorinated biphenyl waste. Requires such report to include recommendations for the disposal of such waste in an environmentally sound manner and an explanation of how changes in U.S. law regarding such disposal would be consistent with international law.
(Sec. 326) Amends the Act to Prevent Pollution from Ships to allow Navy submersible ships to discharge non-plastic garbage that has been compacted and weighted to ensure negative buoyancy.
(Sec. 327) Requires activities under the Arctic Environmental Cooperation Program to include cooperative activities on environmental matters in the Arctic region with the military departments and agencies of other countries, including the Russian Federation. Prohibits Program activities from including any activities for which Cooperative Threat Reduction funds have been denied or are prohibited. Requires the Secretary to notify the defense and appropriations committees at least 15 days in advance of the obligation of funds for Program activities. Earmarks O&M funds for such Program. Prohibits funding obligation until 45 days after the Secretary submits a Program plan to such committees.
(Sec. 328) Expresses the sense of the Congress that the Secretary of the Navy should take immediate action to significantly reduce the risk of naval vessel oil spills.
Subtitle D: Information Technology Issues - Outlines additional information technology responsibilities of the chief information officers of DOD and each military department, including compliance with applicable standards and interoperability among such departments and DOD.
(Sec. 332) Directs DOD's Joint Electronic Commerce Program Office to develop a single, defense-wide electronic mail system for supply purchases. Outlines responsibilities of the DOD Chief Information Officer with respect to such system.
(Sec. 333) Prohibits authorized funds from being obligated or expended on the development or modernization of any information technology or national security system of DOD if the data processing capability of that system does not meet level 1a, 1b, or 2 certification, with exceptions. Excepts from such prohibition funds allocated for mission control systems. Authorizes the Secretary to waive such prohibition on a case-by-case basis, after notification to the defense and appropriations committees. Directs the Secretary to: (1) report to such committees on the testing of such systems for year 2000 compliance; and (2) have in place, no later than December 31, 1998, contingency plans to ensure the continuity of operations for every critical mission or function of DOD that is dependent on such a system. Requires the DOD Inspector General to evaluate such systems to ensure year 2000 compatibility (Y2K problem).
(Sec. 334) Directs the Secretary to submit to the Congress a plan to include a simulated year 2000 as part of military training exercises. Requires: (1) such tests to be incorporated in at least 25 of such exercises; and (2) each mission critical system expected to be used in any major theater war to be tested in at least one of the exercises. Provides for an alternative testing method. Authorizes the Secretary to exclude from such tests a system which would be incapable of performing reliably during such testing and requires notification to the Congress of any system so excluded. Requires CG review.
(Sec. 335) Directs the Secretary and the Director of Central Intelligence to jointly report to the defense committees on the plans of DOD and the intelligence community for ensuring the continuity of performance of essential operations that are at risk of failure due to computer systems and other information and support systems that are not year 2000 compliant. Authorizes the Secretary to enter into a cooperative arrangement with a foreign government under which the United States assists such government in identifying and correcting any problems in communications, strategic, or other systems of such government that make their computer systems not year 2000 compliant.
Subtitle E: Defense Infrastructure Support Improvement - Prohibits a DOD commercial or industrial type function that, as of October 1, 1980, was being performed by DOD civilian employees from being changed to performance by private contractor until the Secretary undertakes an analysis of such function and reports results to the Congress, together with a certification that such function performance change is not precluded by any end strength or related constraints. Allows an employee or representative entity to object to such a change on the grounds that the required analysis and certification were not performed.
(Sec. 343) Directs the Secretary to notify the Congress of the determination of each military item which for the first time is being listed as a commercial item for core logistics capability purposes.
(Sec. 344) Directs the Secretary to establish within DOD an Automated Identification Technology Office to be responsible for: (1) overseeing the development and implementation of all DOD automated identification technology programs; and (2) coordinating such programs with the Joint Staff, the Secretaries of the military departments, and the directors of the defense agencies. Prohibits funds from being approved for such a program unless it is previously reviewed by such Office. Earmarks FY 1999 Navy funds for the issuance of smart cards (multitechnology automated reader cards). Directs the Secretary to submit to the defense and appropriations committees a plan for the use of smart card technology by each military department.
(Sec. 345) Prohibits a civil engineering supplies function currently performed by a contractor-operated civil engineering supply store from being combined with another supply or service function unless: (1) the Secretary reports such proposed combination to the Congress, with an explanation; and (2) the CG reviews the report and reports an opinion to the Congress.
(Sec. 346) Prohibits the Secretary or the Secretary of a military department from entering into a prime vendor contract for depot-level maintenance or repair of a weapon system until 30 days after a report to the Congress describing the competitive procedures to be used to award the contract and analyzing the costs and benefits that will result in savings to the Government over the life of the contract.
(Sec. 347) Directs the Secretary of each military department to develop and submit to the Congress an implementation schedule for the best commercial inventory practices within such department for the acquisition and distribution of secondary supply items. Directs the CG to report to the Congress on the extent to which: (1) each Secretary has complied with such requirement; and (2) best commercial inventory practices are being implemented in the Defense Logistics Agency.
(Sec. 348) Directs the CG to report to the defense and appropriations committees concerning proposed personnel reductions in the Army Materiel Command.
(Sec. 349) Directs the Secretary to submit to the Congress a plan to ensure visibility over all in-transit end items and secondary items.
Requires CG review and comments.
(Sec. 350) Directs the Secretary to review, through an independent entity, and report to the defense committees on the functions of the Defense Automated Printing Service. Requires the Secretary to submit the entity's report to the Congress, together with a plan to outsource from such Service functions that are not inherently national security functions that the Secretary determines should be performed outside of DOD. Amends the National Defense Authorization Act for Fiscal Year 1996 to extend through FY 1999 the requirement for the competitive procurement of services under such Act.
(Sec. 351) Directs the Secretary of the Air Force to submit to the Congress a plan for the establishment of the core logistics capabilities for the C-17 aircraft consistent with current requirements. Requires CG review.
Subtitle F: Commissaries and Nonappropriated Fund Instrumentalities - Requires, unless specifically otherwise enacted by law, the continuation of Defense Commissary Agency (DCA) management and funding through the Office of the Secretary of Defense. Directs the Secretary to establish a governing board for the defense commissary system.
(Sec. 362) Increases from 12 to 24 days per year the eligibility for commissary privileges for members of the Ready Reserve with 50 or more credit points. Makes eligible for commissary privileges and use of morale, welfare, and recreation facilities members and dependents of National Guard personnel called to duty during a federally declared disaster.
(Sec. 363) Provides a limitation on the cost of services provided to the DCA to provide for the efficient management and operation of the commissary system.
(Sec. 364) Authorizes the Secretary to impose a charge for the collection of dishonored checks presented at commissary stores.
(Sec. 365) Authorizes the Secretary to establish restrictions on the ability of eligible patrons of commissary stores located outside the United States to purchase certain items if such restrictions are considered necessary to prevent the resale of such items in violation of host nation laws or U.S. treaty obligations. Authorizes the Secretary to maintain a controlled items list for such determinations. Outlines reporting requirements.
(Sec. 366) Repeals a provision requiring the Air Force to sell, upon request, up to 16 ounces of tobacco to each Air Force enlisted member serving on active duty. Amends the National Defense Authorization Act for Fiscal Year 1996 to extend through FY 1999 a demonstration project for the uniform funding of morale, welfare, and recreation activities.
(Sec. 367) Prohibits consolidation or other organizational changes in the defense retail systems.
(Sec. 368) Authorizes the Secretary to prescribe DCA authority to meet its telecommunications requirements by obtaining services and related items under the FTS-2001 contract through a frame relay system procured for the DCA.
(Sec. 369) Directs the Secretary to contract with a commercial survey firm to survey eligible commissary patrons to determine patron satisfaction with merchandise sold in commissary stores. Requires survey results to be reported to the Secretary and the defense committees.
Subtitle G: Other Matters - Provides that, if a member is assigned to a remote location or unaccompanied tour of duty, a dependent of such member who resides in a U.S. territory, commonwealth, or possession may be enrolled in an educational program provided under the defense dependents' educational system. Allows such student to be so enrolled for more than five consecutive years if the dependent is otherwise qualified, space is available, and the Secretary will be reimbursed for the services provided. Allows the dependent of a U.S. Customs employee who resides in Puerto Rico but not on a military installation to enroll in an educational program provided by the Secretary in Puerto Rico.
(Sec. 372) Continues through FY 1999 the provision of financial assistance to local educational agencies that provide education to dependents of military personnel and DOD civilian employees. Requires the Secretary to notify each agency of its eligibility for such assistance.
(Sec. 373) Directs the Secretary to establish a comprehensive readiness reporting system with respect to DOD's ability to carry out national security strategy. Directs the Chairman of the Joint Chiefs of Staff (JCS), at least quarterly, to conduct a joint readiness review. Directs the Secretary to report monthly to the defense and appropriations committees on review results. Directs the Secretary to establish and implement such system so as to ensure that such capabilities are attained no later than January 15, 2000. Requires an implementation plan. Repeals, on such attainment date, the quarterly readiness reports.
(Sec. 374) Amends the National Defense Authorization Act for Fiscal Year 1998 to specifically authorize the investigation of possible fraud, waste, and abuse concerning overpayments made to vendors by DOD.
(Sec. 375) Adds a competitive source selection process to required conditions for providing financial assistance for the support of additional duties assigned to the Army National Guard.
(Sec. 376) Directs the Secretary to complete by October 1, 1999, the current demonstration program to improve the quality of personal property shipments within DOD. Requires a report from the Secretary to the Congress on evaluations of current and alternative demonstrations with respect to such shipments.
(Sec. 377) Authorizes the Secretary of each military department to carry out a pilot program during FY 1999 and 2000 to demonstrate the use of landing fees as a source of funding for the O&M of airfields of such department. Directs the Secretary to prescribe uniform landing fees for such departments. Requires such fees to be used for landing field O&M. Requires a report from the Secretary to the Congress on the pilot programs.
(Sec. 378) Directs the Secretary to develop and submit to the Congress a five-year plan for guiding and expanding distance learning initiatives within DOD.
(Sec. 379) Requires public availability of any agreement entered into between the commander of a military installation and a financial institution which authorizes the provision of financial services on a military installation.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999.
(Sec. 402) Reduces by specified amounts among the service branches the number of military personnel authorized to serve on active duty at the end of a fiscal year.
(Sec. 403) Revises the due date of an annual manpower requirements report.
(Sec. 404) Increases from six to seven the number of positions within the Joint Staff that may be excluded from annual general and flag officer limitations.
(Sec. 405) Extends through FY 2001 (currently ends October 1, 1998) the authority of the JCS Chairman to designate up to 12 general and flag officers serving in joint duty positions for exclusion from general and flag officer grade limitations.
(Sec. 406) Exempts the position of Chief of the National Guard Bureau from the limitation on the number of officers above major general authorized to serve on active duty in that military department.
Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status).
(Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves.
(Sec. 415) Consolidates the end strength authorizations for active-status Naval Reserve flag officers of the Navy Medical Department Staff Corps.
Subtitle C: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1999 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the military department concerned (Secretary concerned) to convene a special selection board if such Secretary determines that a person was not selected for promotion due to material unfairness or administrative error, whether or not that person is then on active duty. Provides for the determination of material unfairness.
(Sec. 502) Denies entitlement to involuntary separation pay for an officer discharged for failure to be selected for promotion when the officer requested not to be so selected. Requires the appropriate selection board to submit to the Secretary concerned the name of any officer making such request.
(Sec. 503) Eliminates the requirement for a board of review after a board of inquiry's determination relating to an officer's substandard performance of duty or certain other findings.
(Sec. 504) Provides a permanent exception to the requirement for retirement for years of service for certain Navy and Marine Corps officers designated for limited duty assignments.
(Sec. 506) Requires the Air Force Assistant Surgeon General for Dental Services to be appointed in the grade of brigadier general.
(Sec. 507) Urges the Secretary of the Navy to review the process by which the Navy allocates Naval Reserve Officer Training Corps scholarships.
Subtitle B: Reserve Component Matters - Authorizes the President to order members of the Selected Reserve and the Individual Ready Reserve mobilization category into active duty to respond to an emergency involving the use or threatened use of a weapon of mass destruction. Authorizes the use of active-duty reserve and National Guard personnel for such purpose.
(Sec. 512) Provides for the crediting for retirement purposes of service in the higher position for a reserve officer who, after being found qualified for Federal recognition in a higher grade by an appropriate personnel board, serves in a position for which that grade is the minimum authorized grade.
(Sec. 513) Allows a reserve officer who, after successfully serving on active duty in a grade above colonel or captain (Navy) for at least six months, is involuntarily transferred from active status to be credited with satisfactory service in such position for retirement purposes.
(Sec. 514) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force reserve brigadier generals.
(Sec. 515) Provides for the composition of selective early retirement boards for Naval Reserve rear admirals and Marine Corps Reserve major generals.
(Sec. 516) Authorizes the Secretary of the Army to waive, on a case-by-case basis for a two-year period, the requirement that Army Reserve officers commissioned through the Army Officer Candidate School possess a baccalaureate degree before promotion to the grade of captain. Terminates such waiver authority on September 30, 2000.
(Sec. 517) Provides for the issuance of burial flags for members and certain former members of the Selected Reserve.
Subtitle C: Military Education and Training - Requires the Secretary concerned to provide separate and secure housing for male and female recruits, with the sleeping areas separated by permanent walls and access limited to separate entrances. Requires that, if an installation cannot meet such requirements by October 1, 2001, then males and females must be housed in separate facilities at such installation. Requires all future construction of barracks at basic training facilities to accommodate separate and secure housing for such recruits.
(Sec. 522) Directs each Secretary to ensure that access to recruits after the end of a training day, other than for emergency or exigent circumstances, is limited to drill sergeants and other training personnel who are of the same sex as the recruits housed on that floor, or to members in the chain of command who are accompanied by a member who is not a recruit but is of the same gender as the recruits housed in that area.
(Sec. 523) Expresses the sense of the House of Representatives that the Secretaries concerned should require males and females to be assigned to separate units at the platoon, division, or flight level during recruit basic training.
(Sec. 524) Amends the National Defense Authorization Act for Fiscal Year 1998 to extend certain reporting dates for the Commission on Military Training and Gender-Related Issues.
(Sec. 525) Directs the Secretary to establish a program to improve the oversight and cost accounting of innovative readiness training projects.
Subtitle D: Decorations, Awards, and Commendations - Directs the Secretary to study and report to the Congress on the need for, and the criteria to be used to establish, two new decorations, one to be awarded to military personnel, and the other to U.S. civilian nationals, who are killed or injured in the line of duty as a result of noncombat circumstances occurring: (1) as a result of an international terrorist attack against the United States or a friendly foreign nation; or (2) while engaged in, training for, or traveling to or from a peacetime or contingency operation or service as part of a peacekeeping force.
(Sec. 532) Waives time limitations with respect to the award to certain individuals of specified military service medals for service during World War II, Korea, or Vietnam.
(Sec. 533) Commends Navy and Marine Corps personnel who served in the Navy's Asiatic Fleet between 1910 and 1942 and honors those who gave their lives in the line of such duty.
(Sec. 534) Expresses appreciation for the service during World Wars I and II of Navy personnel assigned as gun crews on board merchant ships as part of the Naval Armed Guard Service.
(Sec. 535) Recognizes and honors: (1) members and former members of the military forces of South Vietnam, the Republic of Korea, Thailand, Australia, New Zealand, and the Philippines, as well as certain indigenous military groups, for their heroism, sacrifice, and service in connection with U.S. armed forces during the Vietnam conflict; and (2) former South Vietnamese commandos for their service during such conflict.
(Sec. 537) Prohibits a member of the armed forces from entering into a Federal, State, or local correctional facility to present a military decoration to a person who has been convicted of a serious violent felony.
Subtitle E: Administration of Agencies Responsible for Review and Correction of Military Records - Prohibits the Secretary concerned, during FY 1999 through 2001, from carrying out any reduction in the number of military and civilian personnel assigned to duty with the department's military service review agency below a specified baseline number until: (1) such Secretary reports to the Congress on the proposed reduction and its rationale; and (2) 90 days has elapsed since such report. Directs each Secretary to assign to its service review agency staff at least one attorney and one physician. Requires each Secretary to ensure that an applicant seeking correction of his or her military records through the appropriate review agency is provided a copy of all correspondence and communications to or from such agency with an entity or person outside the agency, with exceptions. Provides timeliness standards, for FY 2001 and beyond, for the final disposition of military record review cases considered by a corrections board. Redefines "military record" for purposes of corrections to such record. Directs the Secretary to report to the Congress on the effect of the six-year bar to retroactive payments when relief is granted by a military records corrections board.
Subtitle F: Reports - Directs the Secretary to report to the Congress: (1) information on the retention during FY 1989 through 1998 of military personnel on active duty in the combat, combat support, and combat service support forces of the military departments; (2) on the methods of selection of personnel to serve on courts-martial; and (3) on the decision of the Secretary of the Army in 1994 to transfer approximately 500 prisoners from the U.S. Disciplinary Barracks in Fort Leavenworth, Kansas, to the Federal Bureau of Prisons. Requires the Secretary of the Army, during FY 1999 through 2003, to track such prisoners' parole and recidivism rates.
(Sec. 554) Directs the Chief of the National Guard Bureau to review and report to the Secretary on the process used for allocating and distributing resources among the States for the National Guard. Requires such report to be transmitted to the defense committees.
Subtitle G: Other Matters - Extends through FY 2001 certain force reduction transition management and benefits authorities, including early retirement and voluntary separation incentive programs and certain time-in-grade requirements.
(Sec. 562) Authorizes the Secretary concerned to place on involuntary leave without pay a cadet or midshipman pending separation from the academy, pending return to the academy to repeat a semester or year, or for other good cause.
(Sec. 563) Continues eligibility for the voluntary separation incentive program after the involuntary loss of membership in the Ready or Standby Reserve.
(Sec. 564) Defines a financial institution, for purposes of reimbursement of civilian employees for expenses due to government error, as a bank, savings and loan or similar institution, or a credit union chartered by the United States or a State.
(Sec. 565) Increases the maximum amount of monthly basic educational assistance available to members with a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit.
(Sec. 566) Expresses the sense of the Congress that the Army Central Identification Laboratory, Hawaii, is an important element of DOD and critical to the full accounting of military personnel who have been classified as prisoners of war or missing in action. Directs the Secretary to: (1) provide sufficient personnel to fill all authorized positions at the Laboratory; and (2) develop and implement a joint Laboratory manning plan. Prohibits any Laboratory personnel reductions until the plan is submitted.
(Sec. 567) Directs the Secretary to convene and preside over a conference to determine means to improve and increase the availability of military burial honors for veterans. Requires a report to the Congress on such conference. Directs the Secretary concerned, upon request, to provide, for the funeral of any veteran that occurs after December 31, 1999, an honor guard detail to consist of at least three persons with the capacity to play a recorded version of Taps (unless a bugler is part of such detail). Requires an annual report for FY 2001 through 2005 from the Secretary to the defense committees on funerals performed, their cost, and related information. Prohibits the performance of honor guard functions by reserve personnel from being considered a period of required drill or training. Repeals a current limitation on the availability of funds for honor guard functions performed by the National Guard.
(Sec. 568) Considers any U.S. citizen appointed as a cadet at the U.S. Merchant Marine Academy as a member of the U.S. Naval Reserve and therefore eligible for a military ID card.
(Sec. 569) Repeals a current limitation on the civilian employment of enlisted personnel when such employment interferes with the customary or regular employment of local civilians.
(Sec. 570) Provides transitional compensation authority for abused dependent children of military personnel when such children reside with the spouse or former spouse of a member convicted of dependent abuse.
(Sec. 571) Directs the Secretary to establish a five-year pilot program to assess whether the armed forces could better meet recruiting requirements by treating GED and home school diploma recipients as having graduated from high school for purposes of enlistment eligibility. Limits to 1,250 annually the total number of individuals authorized to be so considered. Requires the Secretary to report to the defense committees on such pilot program, including a separate evaluation of the performance of GED and home school participants.
(Sec. 572) Expresses the sense of the Congress that: (1) the New Parent Support Program that was begun as a pilot program of the Marine Corps at Camp Pendleton, California, has been an effective tool in curbing family violence within the military community; (2) such Program is a model for future similar programs throughout the military departments; and (3) future funding should be made available for such programs. Requires a Program report from the Secretary to the Congress.
(Sec. 573) Authorizes the President to advance Benjamin O. Davis, Junior, to the grade of general on the retired list of the Air Force. Prohibits the accrual of additional benefits for any person as a result of such promotion.
(Sec. 574) Expresses the sense of the House of Representatives that civilians in the military chain of command should: (1) show in themselves a good example of virtue, honor, and patriotism and subordinate themselves to those ideals; (2) be vigilant in inspecting the conduct of persons under their command; (3) end all dissolute and immoral practices; and (4) promote the morale, physical well-being, and welfare of persons under their command.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Increases the rate of basic pay of members of the uniformed services, effective January 1, 1999, by the greater of 3.6 percent or the average percentage increase in the General Schedule rates of basic pay for civilian employees.
(Sec. 602) Increases to $600 the monthly pay for cadets and midshipmen at the service academies.
(Sec. 603) Authorizes payment by the Secretary concerned of certain housing expenses of personnel assigned to duty outside the United States.
(Sec. 604) Provides a basic allowance for subsistence for reserve personnel whose instruction or duty period totals at least eight hours in a day.
Subtitle B: Bonuses and Special and Incentive Pays - Extends through December 31, 1999, specified authorities currently scheduled to expire at the end of FY 1999 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 614) Increases the hazardous duty pay for aerial flight crew members in pay grades E-4 to E-9.
(Sec. 615) Revises generally provisions concerning aviation career inventive pay and the aviation officer retention bonus.
(Sec. 616) Authorizes the payment of diving duty special pay for periods during which a member meets diving proficiency requirements during an assignment that includes diving duty other than as a primary duty.
(Sec. 617) Repeals a provision which prohibits individuals receiving career sea pay from also receiving hardship duty pay.
(Sec. 619) Repeals a provision which allows only ten percent of all selective reenlistment bonuses paid in a fiscal year to exceed $20,000.
(Sec. 620) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment.
(Sec. 622) Directs the Secretary to establish and provide for members qualified in critically short military occupational specialties a series of new incentives for increasing the rates at which such members are retained for service in such specialties. Expresses the sense of the Congress specifying proposed incentives. Requires implementation reports from the Secretary to the defense and appropriations committees.
Subtitle C: Travel and Transportation Allowances - Allows a member entitled to the transportation of baggage and household effects due to a change of station to, as an alternative, reimbursement or payment of a monetary allowance in advance of a move arranged by such member.
(Sec. 632) Provides an exception to the maximum weight allowance for the overseas transportation of household effects when the additional allowance is intended to permit the shipping of consumables that cannot be reasonably obtained at the member's new station.
(Sec. 633) Authorizes the Secretary concerned to use Government or commercial carriers for travel performed by members in connection with rest and recuperative leave from overseas stations.
(Sec. 634) Authorizes payment for the temporary storage of baggage of students not taken on an annual trip to an overseas duty station of such student's sponsor.
(Sec. 635) Authorizes commercial travel under Federal supply schedules for the travel of a member of the reserves to or from the location of inactive duty training.
Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Considers, beginning on October 1, 2008, coverage under the Survivor Benefit Plan (SBP) to be paid in full when a member's pay has been reduced for such coverage for 30 years or when the member has attained 70 years of age.
(Sec. 642) Authorizes eligible retired or former members to elect to participate in the SBP during its open enrollment period and to participate in the Supplemental Survivor Benefit Plan. Includes as an eligible member an individual who is not a current SBP participant and who is entitled to retired pay or would be entitled to such pay except for being under 60 years of age. Provides SBP status for individuals making such elections and outlines election requirements. Defines the open enrollment period as the one-year period beginning on March 1, 1999. Voids such election if the person dies within two years after making such election. Requires premiums to be charged to persons making such elections.
(Sec. 643) Provides an effective date for the court-ordered election of a spouse's or former spouse's coverage under the SBP.
(Sec. 644) Directs the Secretary concerned to present a U.S. flag to a member of any military component upon his or her release from active duty for retirement. Allows such presentations only to the extent that funds are appropriated in advance.
(Sec. 645) Provides for the recovery, care, and disposition of remains of medically retired members who die during hospitalization that began while such members were on active duty.
(Sec. 646) Prohibits the highest applicable rate of basic pay from being used, for retirement computation purposes, in the case of a member who, after serving as the senior enlisted member of an armed force, is reduced in grade due to a court-martial sentence, nonjudicial punishment, or other administrative process.
(Sec. 647) Directs the Secretary to eliminate the backlog of unpaid Army military retired pay and to report to the Congress.
Subtitle E: Other Matters - Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession.
(Sec. 652) Provides for the accounting treatment of obligations and expenditures incurred for advance payments.
(Sec. 653) Provides for the reimbursement of rental vehicle and related costs incurred by military personnel in connection with a permanent change of duty station when a motor vehicle transported at Government expense is late.
(Sec. 654) Includes within the defense educational loan repayment program a person enrolled in a program of education leading to professional qualifications. Increases the educational loan amounts authorized to be repaid under such program to a maximum of $20,000 per year and $50,000 total per individual.
(Sec. 655) Provides Federal employees' compensation for the period during which student members attend training or a practice cruise.
(Sec. 656) Provides that the entitlement of an individual to basic educational assistance benefits shall not be affected by the receipt of an enlistment bonus.
(Sec. 657) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, or the Secretary of Transportation with respect to the Coast Guard when not operating under the Navy, to provide financial assistance to sponsors of dependents in overseas areas where defense dependent schools are not reasonably available.
(Sec. 658) Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the payment of dependency and indemnity compensation to the surviving parents or siblings of decedents who were captured and interned during the Vietnam conflict and were unmarried and childless at the time of death.
Title VII: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to provide for an inflation-indexed premium under the defense dependents' dental program. Prohibits the Secretary from reducing benefits under such program until one year after notifying the defense committees of such reduction.
(Sec. 702) Includes as eligible dependents under a dental program for military retirees those dependents enrolled under a dental program provided through the Secretary of Veterans Affairs or a plan available as a result of non-military employment.
(Sec. 703) Directs the Secretary to submit to the Congress a plan that would provide for a system-wide redesign of the military and contractor retail and mail-order pharmacy system of DOD by incorporating best business practices of the private sector. Requires the Secretary to suspend any plan to establish a DOD national retail pharmacy program until such plan is submitted and the Secretary has implemented cost-saving reforms with respect to the current system.
(Sec. 704) Provides limited continued CHAMPUS coverage with regard to health care provided between October 1, 1998, and July 1, 1999, for persons unaware of the loss of such coverage due to their recent eligibility for Medicare.
Subtitle B: TRICARE Program - Allows the Secretary to authorize a contractor under the TRICARE Program (a DOD managed health care program) to pay a claim submitted for payment for health care services provided to a covered beneficiary for which a third party may be liable before seeking recovery from such third party. Provides a right of reimbursement from such third party.
(Sec. 712) Provides for the automatic enrollment under TRICARE Prime for each dependent of a member in grade E4 and below who is entitled to CHAMPUS medical and dental care and who resides in the catchment area of a facility offering TRICARE Prime. Provides for the automatic renewal of enrollments and premium payment options under such coverage. Sets an implementation deadline of September 30, 1999.
(Sec. 713) Directs the Secretary to establish a system for tracking data and measuring performance in meeting TRICARE access standards.
(Sec. 714) Directs the Secretary to establish and report to the Congress on an appeals process in cases of denials through the ClaimCheck computer software system (or any other computer processing system) of claims by civilian providers for payment for health care services provided under TRICARE.
(Sec. 715) Directs the Secretary to review: (1) TRICARE program policies to determine if policies addressing the availability of rehabilitative services for TRICARE patients suffering from head injuries are adequate and appropriately address consideration of a certification by an attending physician that such services would be beneficial for such patient; and (2) the administration of the TRICARE Prime health care plans to determine whether, for each region, there is a sufficient number, distribution, and variety of qualified participating health care providers to ensure that covered health care services are accessible and available in a timely manner.
Subtitle C: Health Care Services for Medicare-Eligible Department of Defense Beneficiaries - Directs the Secretary to enter into an agreement with the Office of Personnel Management (OPM) to conduct a demonstration project under which not more than 66,000 eligible covered beneficiaries may be enrolled in health benefits plans offered through the Federal Employees Health Benefits Program (FEHBP). Defines as eligible covered beneficiaries: (1) a CHAMPUS-eligible member or former member who is entitled to hospital insurance benefits under Part A of Medicare; (2) an unremarried spouse of a member when the marriage lasted for a certain qualifying period or when the member served a specified number of years of retirement-creditable service; (3) a dependent of a member who died while on active duty for more than 30 days; or (4) a CHAMPUS-eligible dependent who is entitled to Medicare hospital insurance benefits, regardless of the member's or former member's eligibility for such benefits. Prohibits a covered beneficiary from being required to satisfy any FEHBP enrollment criteria as a condition to such enrollment. Directs the Secretary and the OPM Director to jointly identify and select the geographic areas in which the demonstration project will be conducted, requiring the establishment of at least six, but no more than ten, of such areas. Requires: (1) the demonstration project to be conducted for a three-year period; and (2) eligible beneficiaries to enroll during an open enrollment period for the year 2000. Prohibits enrollees from receiving health care at a military treatment facility or from enrolling in the TRICARE Program during such demonstration project. Requires: (1) an interim and final joint report from the Secretary and the OPM Director on project costs, effectiveness, and the feasibility of making the programs permanent; and (2) a follow-up report by the CG. Applies Medigap protection to project enrollees.
(Sec. 722) Directs the Secretary to carry out a demonstration project, to be known as the TRICARE Senior Supplement, to assess the feasibility and advisability of providing health care under CHAMPUS to current and former military personnel and their dependents, or dependents of military personnel who died while on active duty for more than 30 days, who: (1) are 65 years old or older; (2) are entitled to hospital insurance benefits under Medicare Part A; (3) are enrolled in the Medicare supplemental medical insurance program; and (4) reside in an area of a demonstration project. Requires the Secretary to commence the project no later than January 1, 2000, and to terminate it no later than December 31, 2002. Requires the payment of an enrollment fee and prohibits participants from using other military health care facilities during the project. Requires project evaluation by an independent entity. Directs the CG to review such evaluation and report review results to the defense committees. Requires the project to be conducted in two separate areas selected by the Secretary under specified selection criteria.
(Sec. 723) Directs the Secretary to implement no later than October 1, 1999, with respect to the eligible individuals described above, the redesign of the TRICARE pharmacy system to incorporate best business practices of the private sector in providing pharmaceuticals. Requires: (1) independent evaluation of such program; (2) an interim and final report from the Secretary to the defense committees; and (3) the program to be conducted in two separate areas selected by the Secretary under specified criteria.
(Sec. 724) Directs the CG to submit to the defense committees a comprehensive analysis of the projects and programs described in this Subtitle.
Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Allows the requirement of prior consent before the administration to military personnel of an investigational new or unapproved drug in connection with participation in a particular military operation to be waived only by the President, and only if he determines that obtaining such consent is not feasible or is contrary to the best interests of either the member or national security. Authorizes the Secretary to request the President to waive the prior consent requirement. Directs the Secretary, if such request is granted, to notify the defense and appropriations committees of the waiver, together with its justification. Provides transitional requirement for waivers sought before the enactment of this Act.
(Sec. 732) Provides medical, dental, and mental health services for abused dependents of military personnel during the period that such dependents are in receipt of monthly transitional compensation.
(Sec. 733) Extends through December 31, 2000, the authority for the use of personal services contracts for the provision of health care at military entrance processing stations and at other locations which are outside of military medical treatment facility areas. Directs the Secretary to conduct a test of alternative methods for conducting medical screenings for enlistment qualification and to report test results to the defense committees.
(Sec. 734) Prohibits any physician from providing military health care unless his or her current medical license is an unrestricted license not subject to limitations on the scope of practice ordinarily granted to other physicians for a similar specialty. Directs the Secretary to establish a mechanism for ensuring that each physician that provides military health care satisfies all applicable continuing medical education requirements.
Subtitle E: Other Matters - Directs the Secretary to ensure that the advanced systems developed for recording military personnel data and information include the capability to record organ and tissue donation elections. Outlines responsibilities of the military department Secretaries and surgeons general with respect to the collection of such information. Requires an implementation report from the Secretary to the defense committees.
(Sec. 742) Authorizes the Secretary of the Army to establish a Level 1 Trauma Training Center to provide the Army with a trauma center capable of training forward surgical teams.
(Sec. 743) Authorizes the Secretary to establish a center devoted to a longitudinal study to evaluate data on the health conditions of military personnel returning from deployment in a military operation to ensure the rapid identification of any trends in diseases, illnesses, or injuries among such personnel as a result of such operations.
(Sec. 744) Directs the Secretary to report to the Congress on the potential impact of using an enrollment-based capitation methodology to allocate funds for military medical treatment facilities.
(Sec. 745) Commends and encourages continuation of the cooperative efforts of DOD and the Department of Veterans Affairs (VA) in the delivery of medical care. Directs the DOD and VA Secretaries to jointly conduct: (1) a survey of their respective medical care beneficiary populations to identify the expectations of, requirements for, and behavior patterns of such beneficiaries with respect to medical care; and (2) a review of impediments to cooperation in the delivery of such care. Requires a joint report to the defense and veterans' committees on survey results.
Requires such Secretaries to review and report semiannually to such committees identifying opportunities for increased VA participation in the TRICARE program.
Directs the Federal Pharmaceutical Steering Committee to: (1) undertake a comprehensive examination of existing pharmaceutical benefits and programs for beneficiaries of DOD medical care programs; (2) review the existing methods for contracting for and distributing medical supplies and services; and (3) report examination results to such committees.
Directs the Secretaries to submit to such committees a report on the status of DOD and VA efforts to standardize physical examinations administered to determine or rate disabilities.
(Sec. 746) Directs the Secretary to report to the defense committees on the current and recommended levels of research and surveillance activities regarding Lyme disease and other tick-borne diseases among military personnel.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - Prohibits the Secretary from entering into a DOD contract for a price exceeding fair market cost in a fiscal year following a fiscal year in which DOD attains its contracting goal for participation by small disadvantaged businesses and certain minority institutions.
(Sec. 803) Requires the Federal Acquisition Regulation to be revised to clarify the procedures and methods for determining the reasonableness of prices of items which are exempt from DOD requirements for the submission of certified cost or pricing data. Directs the Secretary to develop and implement procedures: (1) to ensure that a single item manager or contracting officer is responsible for negotiating and entering into all contracts for the procurement of such items from a single contractor; and (2) that provide for the collection and analysis of information on price trends for categories of such items. Requires reports concerning such procedures from the Secretary to the defense committees during FY 2000 through 2002.
(Sec. 804) Revises as of January 1, 1999, the definition of "senior executive" for purposes of a DOD limitation on the allowability of compensation for certain contractor personnel.
(Sec. 805) Requires separate determinations of waivers of certified cost or pricing data requirements for subcontracts under a DOD or Federal agency prime contract unless the head of the agency involved determines that such requirements should also be waived for the subcontracts and justifies in writing the reasons for such determination.
(Sec. 806) Authorizes the DOD single manager for conventional ammunition to restrict its procurement to sources within the national technology and industrial base.
(Sec. 807) Authorizes the Secretary to procure articles containing para-aramid fibers and yarns manufactured in a foreign country when: (1) procuring such articles from suppliers in the national technology and industrial base would result in sole-source contracts for such items; and (2) such sole-source contracts would not be in the best interests of the Government. Requires notification to the Congress when such a determination is made.
(Sec. 808) Requires the Federal Acquisition Regulation to be amended to require: (1) a defense contractor's compliance with requirements to submit pricing data; and (2) such submission to be a condition to the award of a contract or subcontract.
(Sec. 809) Requires specified small arms purchases to be made only from firms in the small arms industrial base, unless the Secretary determines that such requirement is not necessary to preserve such base.
Subtitle B: Other Matters - Continues eligibility for membership in the defense acquisition corps for persons serving in a position below GS-13 due to a reduction in force, the closure or realignment of a military installation, or any reason other than for cause.
(Sec. 813) Authorizes the head of an agency to enter into a contract for travel-related services that provides for the contractor to furnish services for both official and non-official travel. Makes such provision inapplicable to the National Aeronautics and Space Administration and the Coast Guard when it is not operating as a service under the Navy.
(Sec. 814) Directs the Secretary to revise certain procurement regulations to cover all purchases of goods and services by DOD greater than the micro-purchase threshold under contracts entered into or administered by another Federal agency.
(Sec. 815) Requires the Under Secretary of Defense for Acquisition and Technology to prescribe policies and requirements for educational programs of the defense acquisition university structure.
(Sec. 816) Authorizes the Secretary to designate ten acquisition programs of the military departments as pilot programs on program manager responsibility for product support.
(Sec. 818) Directs the Secretary to submit to the defense committees a plan for facilitating the rapid transition into DOD acquisition programs of successful first and second phase activities of the Small Business Innovative Research Program under the Small Business Act.
(Sec. 819) Authorizes the Secretary of the Navy, during the five-year period beginning on October 1, 1998, to enter into a barter agreement to exchange trucks and other tactical vehicles in exchange for the repair and remanufacture of Marine Corps ribbon bridges.
(Sec. 820) Extends permanently (currently expires on September 30, 2002) the authority for the use by commercial entities of DOD major range and test facility installations. Terminates a related reporting requirement.
(Sec. 821) Directs the Secretary to provide, under any contract between the DOD Defense Energy Supply Center and a refiner that qualifies as a small disadvantaged business for the delivery of fuel by barge to the Defense Energy Supply Point-Anchorage, that such contract may be performed by an inventory exchange of fuel barrels when the refiner is unable to deliver fuel due to ice conditions in Cook Inlet.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Officers and Organization - Reduces from ten to nine the number of Assistant Secretary of Defense positions. Deletes the position of Assistant Secretary of Defense for Command, Control, Communications, and Intelligence.
(Sec. 903) Directs the Secretary to establish a task force of the Defense Science Board to examine the appropriateness of the current organization of DOD for preparing for a transformation in the conduct of war. Requires a report from the task force to the Secretary, who shall forward the report, together with recommendations, to the defense committees.
(Sec. 904) Authorizes the Secretary to include within the National Defense University any educational institution that the Secretary considers appropriate and so designates.
(Sec. 905) Provides funding for the Center for Hemispheric Defense Studies.
(Sec. 906) Directs the Secretary of each military department to administer all of its Fisher houses as nonappropriated fund instrumentalities. Provides, with respect to such instrumentalities, for: (1) a system of governance; (2) the establishment of a central fund as a funding source; and (3) the acceptance of contributions and the imposition of fees for use of such houses. Requires an annual report from each Secretary on Fisher house operations. Provides transitional funding.
(Sec. 907) Directs the Secretary to analyze the structures and processes of DOD for the management of its laboratories and test and evaluation centers and to develop a plan for improving such management. Requires the Secretary to develop and submit to the defense and appropriations committees a plan and schedule for establishing a cost-based management information system for such laboratories and test centers.
Subtitle B: Department of Defense Financial Management - Directs the Secretary to ensure that, in reporting to the Office of Management and Budget DOD obligations for contract services, no more than 15 percent of the total amount of such obligations is reported in the miscellaneous services object class. Requires the Secretary to apply specified definitions of various types of "advisory and assistance services" in complying with such requirement. Requires the classification of such defined services in the future as advisory and assistance services, rather than miscellaneous services. Requires an annual report to the Congress by the Secretary and a review and report by the CG. Directs the Secretary to review DOD contract services performed or expected to be performed during FY 1999 to ensure that those services that are advisory and assistance services are properly classified as such. Reduces by $240 million the total amount that may be obligated by the Secretary during FY 1999 for contracted advisory and assistance services.
(Sec. 912) Requires the CG to submit to the Congress an analysis of a biennial financial management improvement plan currently required to be submitted by the Secretary.
(Sec. 913) Directs the Secretary to carry out a study of the feasibility and advisability of selecting on a competitive basis the source(s) for performing DOD finance and accounting services from among private sector sources, the Defense Finance and Accounting Service (DFAS), the military departments, and other Federal agencies. Requires the Secretary to perform market research in connection with the study.
(Sec. 914) Prohibits any DFAS operating location from being closed until 90 days after the Secretary submits to the defense committees a strategic plan for improving the financial management operations at each of the operating locations of DFAS.
(Sec. 915) Requires the inclusion in an annual report required by the Secretary to the Congress in support of the DOD budget of information on DOD resources allocated to support and mission activities. Directs the Secretary to report to the defense committees the definitions of "support" and "mission" for such purposes.
Subtitle C: Joint Warfighting Experimentation - Expresses the sense of the Congress: (1) supporting the initiative of the Secretary to designate a commander of a combatant command to have the mission of joint warfighting experimentation; and (2) that the Congress should review the adequacy of the process of such experimentation to meet future challenges to national security and, if determined inadequate, consider appropriate legislation.
(Sec. 923) Requires initial and annual reports from the designated commander to the Secretary on the implementation of joint experimentation. Directs the Secretary to submit such reports to the defense committees.
Subtitle D: Other Matters - Requires a reduction during FY 1999 of 25,000 personnel in the defense acquisition work force. Allows such reduction to be decreased to not less than 12,500 if the Secretary determines and certifies to the Congress that a greater reduction would be inconsistent with cost-effective management and with ensuring military readiness. Limits the reduction of core acquisition work force positions to a level proportionate with other occupational elements within defense acquisition and support positions.
(Sec. 932) Limits the obligation of operation and support funds for the Office of the Secretary until specified reports required under prior defense authorization Acts have been submitted to the Congress.
(Sec. 933) Empowers inspectors general of the military departments with responsibilities concerning military personnel whistle blower protections. (Currently, such responsibilities exist solely under the DOD Inspector General.) Provides simplified whistle blower reporting and notice requirements. Repeals a requirement for a post-investigation interview.
(Sec. 934) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components.
(Sec. 935) Directs the Secretary of the Navy to ensure that the views of the Commandant of the Marine Corps are appropriately considered before a major decision is made by a Navy element outside of the Marine Corps that directly concerns Marine Corps aviation.
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD under this Division for FY 1999 between any such authorizations for that fiscal year, with a total transfer limit of $2 billion. Requires congressional notification of any such transfers.
(Sec. 1002) Incorporates into this Act the Classified Annex prepared by the conference committee to accompany this Act and transmitted to the President.
(Sec. 1003) Adjusts the amounts authorized to DOD for FY 1998 by the amount by which appropriations pursuant to such authorizations were increased or decreased in the 1998 Supplemental Appropriations and Rescissions Act.
(Sec. 1004) Authorizes appropriations to DOD for FY 1999 for the incremental costs of U.S. peacekeeping operations in Bosnia, allocated among the military departments. Prohibits the obligation or expenditure of amounts in excess of such authorization for such purposes, with a waiver if the President certifies to the Congress that such waiver is in the national security interest or that exercising the waiver will not affect U.S. military readiness (requiring a related report).
(Sec. 1005) Makes a specified amount of the RDT&E and O&M funds under this Act available for the Partnership for Peace Information Management System.
(Sec. 1006) Authorizes contributions for FY 1999 for the common-funded budgets of NATO out of funds available to DOD for such purpose.
(Sec. 1007) Directs the Secretary to administer DOD working capital funds during FY 1999 so as to ensure that the total amount of cash balances in such funds as of September 30, 1999, exceeds the total amount of such balances on September 30, 1998, by $1.3 billion. Requires certain actions by the Under Secretary of Defense (Comptroller) to achieve such increase. Authorizes the waiver of such requirement to meet a contingency operation or an operation commenced before October 1, 1998, and continuing during FY 1999. Limits: (1) the total amount of advance billings rendered or imposed for DOD working capital funds and the Defense Business Operations Fund in FY 1999; and (2) to $1 billion the total amount of such billings for all DOD working capital funds in a fiscal year. Requires a semiannual report from the Under Secretary to the defense committees on the administration of the balance increase.
(Sec. 1008) Requires amounts charged for depreciation of capital assets to be credited to a separate capital asset subaccount established within a working-capital fund. Directs the Secretaries of Defense and the military departments to provide for separate accounting, reporting, and auditing of funds and activities managed through working-capital funds. Allows charges for goods and services provided through such funds to include amounts for depreciation of capital assets. Requires such Secretaries to: (1) establish billing procedures to ensure that balances in working-capital funds do not exceed requirements; and (2) submit to the Congress detailed annual reports of working-capital fund account and subaccount receipts and disbursements, as well as a proposed budget for the next fiscal year. Repeals the authority to manage working-capital accounts and subaccounts through the Defense Business Operations Fund. Revises the authority of a working-capital fund to retain recovered costs of property disposals.
(Sec. 1010) Provides for the crediting of amounts recovered from claims against third parties for loss or damage to personal property of military personnel shipped or stored at Government expense.
Subtitle B: Naval Vessels and Shipyards - Requires: (1) the U.S.S. Iowa and U.S.S. Wisconsin to be listed and maintained on the Naval Vessel Register; and (2) the U.S.S. New Jersey to be stricken from such Register and sold to a nonprofit entity.
(Sec. 1013) Expresses the sense of the Congress that the U.S.S. Iowa should be homeported at the Port of San Francisco, California.
(Sec. 1014) Expresses the sense of the Congress that the next unnamed LPD-17 class vessel should be named the U.S.S. Clifton B. Cates in honor of the most decorated Marine Corps officer of World War I.
(Sec. 1015) Directs the: (1) Secretary of the Navy to report to the defense committees on battleship readiness for meeting military requirements for naval surface fire support; and (2) CG to report to such committees on the naval surface fire support capabilities of the Navy.
(Sec. 1016) Authorizes the Secretary of the Navy to enter into contracts for the long-term charter of three specified vessels to support the rescue, escort, and towing of submarines.
(Sec. 1017) Authorizes the Secretary of the Army to substitute the obsolete tugboat Attleboro for the tugboat Normandy in carrying out an authorized transfer of tugboats under the National Defense Authorization Act for Fiscal Year 1998.
Subtitle C: Counter Drug Activities and Other Assistance for Civilian Law Enforcement - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2002 the authority for DOD support to Federal agencies for certain counter-drug activities.
(Sec. 1022) Requires a National Guard member serving on full-time duty relating to drug interdiction and counter-drug activities to perform his or her regularly required drill and exercises training in addition to the training required for such activities. Outlines requirements to ensure that the use of units or personnel of a State National Guard for such activities does not degrade the training and readiness of such units or personnel. Authorizes units or members of a State National Guard, under specified conditions, to provide assistance to youth and charitable organizations as part of the drug interdiction and counter-drug activities.
(Sec. 1023) Expresses the sense of the Congress that the Secretary should ensure that DOD international drug interdiction and counter-drug activities are accorded adequate financial resources to execute the drug interdiction and counter-drug mission under the DOD Global Military Force Policy. Requires the Secretary during FY 1999 to make available such naval and maritime patrol aircraft and crews of the Navy as necessary to conduct the final phase of the counter-drug operation known as Caper Focus. Provides funds. Earmarks specified O&M funds for: (1) certain support of the drug interdiction efforts of the United States Southern Command in the Caribbean Sea and Eastern Pacific Ocean areas; and (2) Special Operations Command counterproliferation and counterterrorism activities.
Subtitle D: Miscellaneous Report Requirements and Repeals - Repeals certain reports and reporting requirements under Federal armed forces provisions and the National Defense Authorization Act, Fiscal Year 1989.
(Sec. 1032) Directs the Secretary to report to the defense and appropriations committees regarding the use of a tagging system to identify hydrocarbon fuels used by DOD.
Subtitle E: Armed Forces Retirement Home - Amends the Armed Forces Retirement Home Act of 1991 to require the Director and Deputy Director of the Naval Home to be appointed by the Secretary from certain persons recommended by the Secretaries of the military departments.
(Sec. 1042) Requires inspectors general of the military departments to conduct Armed Forces Retirement Home inspections at least every three years. (Currently, only the DOD Inspector General conducts such inspections at six-year intervals). Requires such inspections to be performed on a rotating basis.
(Sec. 1043) Amends the National Defense Authorization Act for Fiscal Year 1997 to require the sale of a specified parcel of land at the Armed Forces Retirement Home, Washington, D.C., to a neighboring non-profit or related entity.
Subtitle F: Matters Relating to Defense Property - Directs the Secretary to submit to the Congress a plan to address problems with the sale or other disposal of excess and surplus defense materials. Requires related reports.
(Sec. 1052) Authorizes the Secretary of the Air Force to convey to the Collings Foundation in Stow, Massachusetts, all U.S. rights and interest to one surplus F-4 Phantom II aircraft. Requires the Foundation to alter such aircraft so that it no longer has any combat capability.
Subtitle G: Other Department of Defense Matters - Directs the Secretary to conduct a pilot program on alternative notice procedures concerning the withholding or garnishment of pay of military personnel for the payment of child support and alimony under provisions of the Social Security Act.
(Sec. 1062) Requires prior approval by the Secretary of DOD training of special operations forces with friendly foreign forces. Adds elements to a required report on the experiences of such joint training.
(Sec. 1063) Authorizes service academy superintendents to accept a research grant that is awarded on a competitive basis for a research project carried out by a professor or instructor at such academy for a scientific, literary, or educational purpose.
(Sec. 1064) Directs the Secretary to report to the defense committees concerning the costs to DOD associated with frequency spectrum allocations. Amends the National Telecommunications and Information Administration Organization Act to require any person on whose behalf a Federal entity incurs costs from the relocation of Federal frequencies to compensate the Federal entity in advance for such costs. Requires the National Telecommunications and Information Administration and the Federal Communications Commission to develop procedures for the implementation of this section, which shall include a process for resolving differences between the Government and commercial licensees regarding estimates of frequency relocation or modification costs. Requires the head of each Federal department or agency to include in his or her annual budget submission a report on costs to be incurred as a result of anticipated frequency relocations.
(Sec. 1065) Directs the Secretary to: (1) report to the Congress on the roles of the Office of the Secretary of Defense and of the Joint Staff in the investigation of DOD aviation accidents; and (2) prescribe regulations for the provision of accident investigation update information.
(Sec. 1066) Requires the DOD Inspector General to conduct a new investigation into the circumstances that led to the December 1, 1995, grounding of the 174th fighter wing of the New York Air National Guard and to report results to the defense committees.
(Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1998 to: (1) increase the FY 1999 authorized expenditures for a DOD program to commemorate the 50th anniversary of the Korean War; and (2) change references to the Korean conflict to references to the Korean War.
(Sec. 1068) Designates the Mariners' Museum in Newport News, Virginia, and the South Street Seaport Museum buildings on Front Street, New York, as America's National Maritime Museum. Provides criteria for future additions to such Museum.
Subtitle H: Other Matters - Amends the Merchant Marine Act, 1936 to state that a presidential signature shall constitute approval of vessel war risk insurance requested by the Secretary.
(Sec. 1072) Extends through FY 1999 the authorization of appropriations under the Defense Production Act of 1950.
(Sec. 1073) Requires flags furnished at veterans' burials to be wholly produced in the United States. Authorizes the Secretary of Veterans Affairs to waive such requirement upon a determination that it cannot be easily met or that compliance would not be in the U.S. national interest. Requires such Secretary to notify the Congress of any such determination.
(Sec. 1074) Expresses the sense of the Congress that a member of an armed force should be treated as using property as a principal residence during any period in which such member is serving on active duty of 180 days or more, but only if such member used that property as a principal residence during or before such duty period.
(Sec. 1075) Provides for the tax treatment of pay and other compensation received by: (1) certain civilians employed at Fort Campbell, Kentucky; and (2) Federal employees at Federal hydroelectric power facilities on the Columbia and Missouri Rivers.
Title XI: Department of Defense Civilian Personnel - Authorizes the Secretary, during the five-year period beginning on the date of enactment of this Act, to carry out a program of experimental use of special personnel management authority (the authority to hire up to 20 individuals from outside the civil service and armed forces) to facilitate the recruitment of eminent experts in science or engineering for research and development projects administered by the Defense Advanced Research Projects Agency. Limits the period of appointment (four years) and the amount of compensation to be paid to such employees. Requires annual reports from the Secretary to the defense committees.
(Sec. 1103) Authorizes the Secretary of the Navy to release to the Commandant of the Coast Guard the results of drug tests of any Navy employee who is employed in any capacity on board a vessel of the Military Sealift Command.
(Sec. 1104) Provides certain limitations on back pay awards made in connection with an unjustified or unwarranted personnel action.
(Sec. 1105) Restores accumulated annual leave that otherwise would be lost by civilian employees at installations in the Republic of Panama to be closed pursuant to the Panama Canal Treaty of 1977.
(Sec. 1106) Repeals a provision requiring the Secretary to conduct a program under which qualified spouses of military personnel are given a hiring preference for DOD child care positions.
(Sec. 1107) Provides for an alternative day of observance of holidays occurring on a Monday in the case of Federal employees at installations outside the United States whose basic workweek is other than Monday through Friday.
(Sec. 1108) Directs the Secretary to: (1) continue to carry out a test program, originally required by executive order, involving civilian DOD employees occupying sensitive positions; and (2) ensure that such program authorizes the testing of civilian DOD employees for illegal drug use when there is a reasonable suspicion of such use. Requires employee applicants to be notified of such authority.
(Sec. 1109) Amends Federal provisions concerning the Civil Service Retirement System and the Federal Employees' Retirement System to provide voluntary early retirement authority for DOD civilian employees who either complete 25 years of service or, after becoming 50 years of age, complete 20 years of service. Outlines voluntary separation requirements, including that: (1) such employee has not received a notice of separation for misconduct or unacceptable performance; and (2) DOD or the military department involved is undergoing a major reorganization, reduction in force, or transfer of functions.
Title XII: Matters Relating to Other Nations - Subtitle A: United States Armed Forces in Bosnia and Herzegovina - Expresses the sense of the Congress that: (1) U.S. ground combat forces should not remain in Bosnia and Herzegovina indefinitely; (2) the President should work with NATO allies and other nations to withdraw such troops within a reasonable period of time; (3) a NATO-led force in such region without the participation of U.S. ground combat forces might be suitable if the European Security and Defense Identity is not sufficiently developed or is otherwise inappropriate for such a mission; and (4) the United States may decide to provide appropriate support to a Western European Union-led or NATO-led follow-on force for such region. Requests the President to: (1) inform European NATO allies of the above findings and consult with congressional leadership toward achieving a sustainable peace in Bosnia and Herzegovina while withdrawing U.S. ground combat forces; and (2) include in the DOD budget request for each fiscal year sufficient amounts to pay for such U.S. participation.
(Sec. 1203) Directs the President to: (1) ensure that semiannual reports concerning such participation as required under the 1998 Supplemental Appropriations and Rescissions Act are submitted in a timely manner; and (2) include a supplemental report whenever he requests funds for continued participation of U.S. ground combat forces in such region. Outlines additional information required in such reports.
(Sec. 1204) Directs the Secretary to report to the defense and appropriations committees on the effects of military operations in Bosnia and Herzegovina and the Balkans region on the capabilities of U.S. military forces. Requires additional reports whenever the number of U.S. ground combat forces there increases or decreases by 20 percent or more.
Subtitle B: Matters Related to Contingency Operations -Directs the Secretary to report to the defense committees on U.S. military involvement in major contingency operations and major ongoing operations since the end of the Persian Gulf War.
(Sec. 1212) Requires that, whenever the President requests appropriations for costs associated with a contingency operation that involves or likely will involve the deployment of more than 500 U.S. military personnel, the Secretary shall report to the Congress on the objectives of such operation.
Subtitle C: Matters Relating to NATO and Europe - Limits the U.S. share of the commonly-funded NATO expansion costs (the costs of the inclusion of Poland, Hungary, and the Czech Republic) to the lesser of 25 percent of such costs or $2 billion.
(Sec. 1222) Directs the Secretary to prepare and submit to the Congress a report on the planned future military capabilities of NATO in light of the proposed inclusion of such countries.
(Sec. 1223) Directs the Secretary to submit to the defense committees reports on the development of the European Security and Defense Identity within the NATO alliance that would enable the Western European Union to assume the political control and strategic direction of NATO assets and capabilities made available by the alliance.
Subtitle D: Other Matters - Prohibits more than eight U.S. military personnel from being assigned during FY 1999 to the United Nations Rapidly Deployable Mission Headquarters. Prohibits DOD funds from being used: (1) for a monetary contribution to the United Nations (UN) for the establishment of a standing international force under the UN; or (2) to assign or detail any member of U.S. military forces to duty with a UN Stand By Force.
(Sec. 1232) States that no provision of the Kyoto Protocol to the United Nations Framework Convention on Climate Change or any related regulation shall restrict the procurement, training, or O&M of U.S. armed forces.
(Sec. 1233) Amends the National Defense Authorization Act for Fiscal Year 1998 to revise goals with respect to U.S. efforts to increase its allies' share of the common defense burden. Requires a report from the Secretary to the Congress under such Act to include information on progress made toward achieving such increased burdensharing. Extends a current report deadline.
(Sec. 1234) Directs the Secretary to ensure that any excess Huey or Cobra helicopters that are to be transferred to a foreign country for flight operations meet certain requirements relating to depot-level maintenance and repair in the United States prior to transfer.
(Sec. 1235) Authorizes the Secretary of the Navy to transfer certain vessels to specified foreign countries on a grant basis under provisions of the Foreign Assistance Act of 1961, on a sale or lease basis under provisions of the Arms Export Control Act, or on a combined sale-lease basis under the latter Act. Requires authority to effectuate such transfers, together with necessary appropriations, to be provided in advance in an appropriations Act. Establishes in the Treasury the Defense Vessels Transfer Program Account. Requires congressional notification of any such transfer. Provides that transfers made on a grant basis shall not be counted against a limitation on the aggregate value of excess transferred defense articles under the Foreign Assistance Act of 1961. Requires as a condition of such transfers that any vessel repair or refurbishment needed prior to such transfers be performed at a U.S. shipyard, including a Navy shipyard. Terminates transfer authority two years after the enactment of this Act.
(Sec. 1236) Amends the Foreign Operations Appropriations Act, 1996 to repeal a moratorium on the use of antipersonnel land mines except in specified areas.
(Sec. 1237) Authorizes the President to exercise authorities under the International Emergency Economic Powers Act in the case of any commercial activity in the United States by a person that is on a list of persons who are Communist Chinese military companies, including companies owned or controlled by the People's Liberation Army. Requires the Secretary to compile, publish and continually update such list.
Title XIII: Cooperative Threat Reduction With States of Former Soviet Union - Specifies the programs to be included within Cooperative Threat Reduction (CTR) programs. Provides FY 1999 CTR funding allocations. Allows the Secretary to vary such amounts in the national interest, requiring a justification to be submitted to the Congress followed by a 15-day waiting period. Prohibits the use of CTR funds for peacekeeping exercises or activities with Russia, housing, environmental restoration assistance, job retraining assistance, or the provision of assistance to Russia or any other state of the former Soviet Union to promote defense conversion.
(Sec. 1304) Prohibits FY 1999 CTR funds from being used for: (1) chemical weapons destruction activities in Russia until the President certifies to the Congress that Russia is making reasonable progress toward implementation of a bilateral destruction agreement and that Russia and the United States have made substantial progress toward resolution of outstanding nuclear compliance issues; or (2) biological weapons proliferation prevention activities in Russia until 15 days after the Secretary reports to the defense committees concerning the possible previous use of CTR funds by Russia to develop new strains of anthrax.
(Sec. 1306) Authorizes the Secretary to use CTR funds to provide a country of the former Soviet Union with emergency assistance for removing or obtaining from such country weapons of mass destruction or materials, equipment, or technology related to their delivery. Requires a certification from the Secretary to the defense and appropriations committees with respect to such assistance.
(Sec. 1307) Directs the Secretary to submit annually to the Congress a breakdown of CTR program amounts requested by project category under each CTR program element.
(Sec. 1308) Directs the Secretary to report to the defense and appropriations committees on biological programs in Russia.
(Sec. 1309) Directs the Secretary to report to the defense and appropriations committees on the number of individuals in the former Soviet Union who have significant expertise in the research, development, production, testing, and operational employment of ballistic missiles and weapons of mass destruction.
Title XIV: Domestic Preparedness for Defense Against Weapons of Mass Destruction - Defense Against Weapons of Mass Destruction Act of 1998 - Directs the President to increase the effectiveness at the Federal, State, and local level of the domestic emergency preparedness program (program) for response to terrorist incidents involving weapons of mass destruction (WMDs) by developing an integrated program that builds on the program established under the Defense Against Weapons of Mass Destruction Act of 1996.
(Sec. 1403) Amends the National Defense Authorization Act for Fiscal Year 1998 to direct the President to include in a required report additional information on the program.
(Sec. 1404) Directs the Attorney General to develop and test methodologies for assessing the threat and risk of terrorist employment of WMDs against cities and other local areas.
(Sec. 1405) Directs the Secretary to enter into a contract with a federally funded research and development center to establish a panel to assess the capabilities for domestic response to terrorism involving WMDs. Requires an initial findings report from such panel, followed by annual reports during 1999 through 2001. Provides funding. Terminates the panel three years after the appointment of its chairman.
Title XV: Matters Relating to Arms Control, Export Controls, and Counterproliferation - Subtitle A: Arms Control Matters - Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 1999 a limitation concerning the retirement or dismantlement of strategic nuclear delivery systems.
(Sec. 1502) Requires the Director of the Arms Control and Disarmament Agency to transmit to the Congress on a periodic basis reports containing classified summaries of arms control developments.
(Sec. 1503) Directs the Secretary to report to the defense committees on the status and adequacy of current direct communications capabilities between the Governments of the United States and Russia.
(Sec. 1504) Expresses the sense of the Congress that the President should call on Russia to expedite reduction of its tactical nuclear arsenal in accordance with promises made in 1991 and 1992. Requires a report from the Secretary to the Congress on Russia's tactical nuclear arsenal.
Subtitle B: Satellite Export Controls - Expresses the sense of the Congress concerning a desire to establish missile technology and advanced communications satellite export controls, especially with respect to China.
(Sec. 1512) Directs the President to certify at least 15 days in advance of any export to China of missile equipment or technology that such export is not detrimental to the U.S. space launch industry and that the missile equipment or technology involved will not measurably improve Chinese missile or space launch capabilities.
(Sec. 1513) Requires all satellites and related items on the Commerce Control List to be transferred to the U.S. Munitions List and controlled under provisions of the Arms Export Control Act. Amends the State Department Basic Authorities Act to: (1) allow its Office of Defense Trade Controls to retain 100 percent of all collected registration fees (currently limited to $70,000); and (2) direct the Secretary of State to report to the Congress on steps necessary to implement the orderly transfer of such satellites and the processing of applications for satellite export licenses.
(Sec. 1514) Directs the President to implement specified requirements for improving national security controls in the export licensing of satellites and related items, including: (1) the development of mandatory technology control plans; (2) the monitoring of proposed foreign launches of satellites; (3) mandatory licensing for U.S. persons involved in the investigation of the failure of a launch in a foreign country of a satellite of U.S. origin; (4) intelligence community review of all export license applications and technical assistance agreements to verify the legitimacy of stated end-users; (5) mandatory notification to the Congress of the approval of a license for the export of a U.S. satellite; (6) an annual report from the Secretary to the Congress on the monitoring of all launches in a foreign country of a U.S. satellite; and (7) a program for recruiting, training, and maintaining a staff dedicated to monitoring such launches. Provides exceptions to the above requirements with respect to NATO members or major non-NATO U.S. allies.
(Sec. 1515) Requires each report submitted under the Foreign Relations Authorization Act, Fiscal Year 1990 and 1991 concerning the waiver of restrictions on the export of satellites for launch by China to be accompanied by a detailed justification, including a detailed description of all militarily sensitive characteristics integrated within, or associated with, such satellite.
Subtitle C: Other Export Control Matters - Establishes the position of Deputy Under Secretary of Defense for Technology Security Policy, with responsibility for assisting the Under Secretary of Defense for Policy in DOD activities relating to export controls and policies. Requires a report from the Secretary to the defense committees on implementing such position.
(Sec. 1522) Requires the Secretary of Commerce to release within ten days export information held by the Department of Commerce that is requested for assessing national security risks.
(Sec. 1523) Directs the President to notify the Congress upon the granting of a license by the Nuclear Regulatory Commission for the export of any nuclear-related technology or equipment when the country involved has exploded a nuclear device and is not a NATO member.
(Sec. 1524) Amends the National Defense Authorization Act for Fiscal Year 1998 to delegate within DOD the Secretary's authority to object to the export to certain countries of high performance computers.
Subtitle D: Counterproliferation Matters - Limits to $15 million the amount of funds authorized to be used in FY 1999 for DOD activities in support of the United Nations Special Commission on Iraq. Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1999 counter-proliferation authorities in support of such Commission.
(Sec. 1532) Condemns the decisions by India and Pakistan to conduct nuclear tests in May 1998 and calls upon such countries to engage in discussions aimed at prohibiting further tests and reducing tensions between the countries. Encourages the President, the UN, and the leaders of all nations to work toward a diplomatic, negotiated solution to such tensions. Urges the United States to reevaluate its bilateral relationship with India and Pakistan with the goal of preventing further nuclear and ballistic missile proliferation.
(Sec. 1533) Directs the President to study and report to the defense committees on the architecture requirements for the establishment and operation of a theater ballistic missile defense system in the Asia-Pacific region capable of protecting key U.S. regional allies.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1999 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, to carry out architectural planning and construction design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1998 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 1998 to increase the authorized amounts for construction projects at Fort Drum, New York, and Fort Sill, Oklahoma.
Title XXII: Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title.
(Sec. 2205) Authorizes the Secretary of the Navy to accept from the State of North Carolina a road construction project which is to be constructed at Camp Lejune, North Carolina.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army under Title XXI.
Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to improve existing military family housing units in a specified amount.
(Sec. 2403) Authorizes the Secretary to carry out certain energy conservation projects.
(Sec. 2404) Authorizes appropriations to DOD for fiscal years after 1998 for military construction, land acquisition, and military housing functions. Limits the total cost of construction projects authorized by this title.
(Sec. 2405) Amends the Military Construction Authorization Act for Fiscal Year 1997 to reduce funding for the Department of Defense Military Unaccompanied Housing Improvement Fund.
(Sec. 2406) Increases amounts authorized under prior military construction authorization Acts for projects at Pine Bluff Arsenal, Arkansas, Umatilla Army Depot, Oregon, and Portsmouth Naval Hospital, Virginia.
Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization Security Investment Program. Authorizes appropriations.
Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1998 for Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2602) Directs the Secretary of the Army, in connection with an Army Reserve military construction project at or near Salt Lake City, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions in connection with the project.
Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2001, or the date of enactment of an Act authorizing appropriations for military construction for FY 2002, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases the amount authorized to be expended for architectural and engineering services and construction design before congressional notification is required.
(Sec. 2802) Authorizes the Secretary of the Army to lease up to 500 military family housing units in Italy and up to 800 of such units in Korea.
(Sec. 2803) Includes within the authority for the acquisition and improvement of military housing the acquisition of facilities to provide or support elementary or secondary education.
(Sec. 2804) Authorizes the Secretary of the Air Force to purchase from its developer the entire 366-unit military family housing project at Eielson Air Force Base, Alaska, if determined to be in the best economic interests of the Air Force.
(Sec. 2805) Directs the Secretary to report to the Congress concerning plans for the improvement of unaccompanied family housing within the military departments.
Subtitle B: Real Property and Facilities Administration - Provides an exception to real property transaction reporting requirements of the Secretary concerned during declarations of war, a national emergency or major disaster, the use of riot militia, or a contingency operation. Requires such notification within 30 days after such event.
(Sec. 2812) Authorizes the Secretary concerned, as a condition of a lease, permit, license, or other grant of access entered into with another Federal agency for military department property, to require such agency to agree to remove any improvements and to restore such land to its condition before such use. Provides for cost reimbursement in lieu of such removal and restoration.
(Sec. 2813) Amends the Sikes Act to direct the Secretary, in developing facilities and conducting programs for outdoor recreation at military installations, to ensure that recreation opportunities made available to the public also provide equal access, without substantial modification to the natural environment, to disabled veterans, military dependents with disabilities, and other disabled persons.
(Sec. 2814) Directs the Secretary to report to the defense committees regarding the authority of the military departments and defense agencies to lease to the private sector non-excess real and personal property.
(Sec. 2815) Directs the Secretary to report to the Congress on criteria and procedures used by the Secretary of each military department for the selection of utility systems of such department for conveyance to other utility companies or entities and on the manner in which each Secretary can ensure that such conveyance will not adversely affect U.S. national security.
Subtitle C: Defense Base Closure and Realignment - Waives applicability of Federal property disposal regulations under the Federal Property and Administrative Services Act of 1949 with respect to leases entered into at military installations being closed or realigned under the base closure laws.
(Sec. 2822) Amends the Military Construction Authorization Act for Fiscal Year 1998 to eliminate certain waiver authority with respect to a prohibition against conveyances of property at Naval Station Long Beach, California.
(Sec. 2823) Authorizes the Secretary to use amounts from the Department of Defense Base Closure Account 1990 to pay stipulated damages assessed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 against McClellan Air Force Base, California.
Subtitle D: Land Conveyances - Part I: Army Conveyances - Amends the Military Construction Authorization Act for Fiscal Year 1996 to require the Army Reserve Center in Youngstown, Ohio, conveyed under such Act to be developed for educational purposes.
(Sec. 2832) Authorizes the Secretary of the Army to release all interests in the former Kennebec Arsenal in Augusta, Maine.
(Sec. 2833) Authorizes the Secretary of the Army to release the U.S. reversionary interests in the former Redstone Army Arsenal property in Alabama which were retained when the property was conveyed to the Alabama Space Science Exhibit Commission. Provides additional release, waiver, or conveyance conditions.
(Sec. 2834) Authorizes the Secretary of the Army to convey to the redevelopment authority for the Red River Army Depot, Texas, all U.S. rights to any utility system at the Lone Star Army Ammunition Plant, Texas.
(Sec. 2835) Authorizes the Secretary of the Army to convey to the city and county of Denver, Colorado, U.S. water rights and related interests in the Rocky Mountain Arsenal, Colorado, in order to acquire permanent contracts for the delivery of water to the Arsenal and the Rocky Mountain Arsenal National Wildlife Refuge.
(Sec. 2836) Authorizes the Secretary of the Army to convey to: (1) Massena, New York, the Army Reserve Center; (2) Ogdensburg, New York, the Army Reserve Center; (3) the Greeneville Local School District the Army Reserve Center in Jamestown, Ohio; (4) the Peoria School District the Army Reserve Center in Peoria, Illinois; (5) Bridgton, Maine, the Army Reserve Center; (6) Lake Forest, Illinois, the Army Reserve enclave in Lake Forest; (7) Skaneateles, New York, the Federal Farm located there; (8) the Indiana Army Ammunition Plant Reuse Authority the Indiana Army Ammunition Plant in Charlestown; (9) Hamilton County, Tennessee, the Volunteer Army Ammunition Plant in Chattanooga; and (10) New Windsor, New York, the Stewart Army Sub-Post.
Part II: Navy Conveyances - Authorizes the Secretary of the Navy to: (1) grant an easement to the Foothill Eastern Transportation Corridor Agency over specified real property at the Marine Corps Base, Camp Pendleton, California, for the construction, operation, and maintenance of a restricted access highway; (2) convey to the Gulf of Maine Aquarium Development Corporation in Portland, Maine, the Naval Reserve Readiness Center in Portland; (3) convey to Youngstown, Ohio, the Naval and Marine Corps Reserve facility in Youngstown; and (4) convey to the Minneapolis-St. Paul Metropolitan Airports Commission the Naval Air Reserve Center in Minneapolis.
Part III: Air Force Conveyances - Amends the Military Construction Authorization Act, 1979 to authorize the conveyance of two additional parcels of land at Eglin Air Force Base, Florida, to the Air Force Enlisted Men's Widows and Dependents Home Foundation, Inc., of Washington, D.C.
(Sec. 2862) Amends the Military Construction Authorization Act for Fiscal Year 1995 to modify a conveyance of land of Finley Air Force Station to Finley, North Dakota, to: (1) include additional parcels of land; (2) remove the limitation on the authorized period of conveyance; and (3) provide for reversion to the United States if such land is not used for economic development.
(Sec. 2863) Authorizes the Secretary of the Air Force to convey to:
(1) McNeese State University of Louisiana specified real property at the Lake Charles Air Force Station in Louisiana; and (2) La Junta, Colorado, the unused Air Force housing facility in La Junta.
Subtitle E: Other Matters - Amends the Military Construction Authorization Act for Fiscal Year 1996 to add additional program and reporting requirements under the Department of Defense Laboratory Revitalization Demonstration Program. Extends such Program through FY 2003.
(Sec. 2872) Amends the National Defense Authorization Act for Fiscal Year 1987 to repeal a prohibition on the joint military-civilian use of the Robert Gray Army Airfield, Fort Hood, Texas.
(Sec. 2873) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 2000 a demonstration project for the purchase from local government agencies of fire, security, police, public works, and utility services.
(Sec. 2874) Designates the Navy and Marine Corps Reserve Center at 2869 Central Avenue in Augusta, Georgia, as the A. James Dyess Building.
Title XXIX: Juniper Butte Range Withdrawal - Juniper Butte Range Withdrawal Act - Withdraws the Juniper Butte Range, Idaho, from all forms of appropriation under the public land, mining, and mineral and geothermal leasing laws. Reserves such land to the Air Force for a high hazard training area, dropping training ordnance, electronic warfare and tactical maneuvering and air support, and other defense-related purposes. Endorses an agreement between the Bureau of Land Management and the Air Force concerning additional mitigation measures for such lands. Directs the Secretary of the Interior to process and grant to the Secretary of the Air Force rights-of-way upon certain range areas conducting Air Force electronic warfare training activities. Requires the Air Force, to the extent practicable, to protect Indian sacred sites on the range. Directs the Secretary of the Air Force to conclude and implement agreements with grazing permittees to provide appropriate consideration, including future grazing arrangements.
(Sec. 2908) Requires the Secretary of the Air Force to manage the reserved lands and to close such lands to public access in appropriate circumstances. Authorizes such Secretary to enter into leases with the State of Idaho in support of the range and its operations. Directs such Secretary to suppress brush and range fires caused by Air Force operations. Requires such Secretary to develop an integrated natural resources management plan for the natural resources of the withdrawn lands, in cooperation with the Secretary of the Interior, the State of Idaho, and Owyhee County, Idaho. Requires plan review for environmental compliance.
(Sec. 2910) Directs the Secretaries of the Air Force and the Interior and the Governor of Idaho to enter into a memorandum of understanding to implement the plan. Directs the Secretary of the: (1) Air Force to maintain roads within the area; and (2) Interior to manage withdrawn and acquired mineral resources within the area. Outlines water rights.
(Sec. 2915) Terminates the withdrawal and reservation 25 years after the enactment of this Act, with relinquishment before such date if the Air Force has no continuing military needs for such lands. Requires the Secretary of the Air Force, at least two years before such termination date, to notify the Congress and the Secretary of the Interior as to whether the Air Force has such a continuing need for such lands after the termination date. Limits any extension to an additional 25 years. Directs the Secretary of the Air Force, at least two years before any such termination date, to complete a review that fully characterizes the environmental conditions of such lands in order to identify any contamination. Requires the review to be submitted to the Secretary of the Air Force and the Congress. Requires the Secretary of the Air Force to complete the environmental remediation of such lands before the transfer date. Outlines provisions concerning: (1) jurisdiction over such lands upon termination of the withdrawal; and (2) authorized delegation of authority under this title by each of the Secretaries.
(Sec. 2918) Requires U.S. indemnification against any party conducting any mining, mineral, or geothermal leasing activities on the withdrawn lands.
(Sec. 2919) Authorizes appropriations.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1999 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) defense environmental restoration and waste management; (3) other defense activities; (4) defense nuclear waste disposal; and (5) defense environmental management privatization initiatives.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, the Congress, until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.
(Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.
(Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes as the authorizations to which transferred. Requires notification to the defense committees of any such transfers.
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this subtitle available for all DOE national security programs.
(Sec. 3129) Directs the Secretary, during FY 1999, to empower each DOE field office manager to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfers to a total of $5 million per fiscal year. Directs the Secretary to notify the Congress within 30 days after any such transfer.
Subtitle C: Program Authorizations, Restrictions, and Limitations - Amends the National Defense Authorization Act for Fiscal Year 1998 to extend permanently a prohibition against the use of DOE funds to conduct activities associated with international cooperative stockpile stewardship.
(Sec. 3132) Earmarks DOE funds for research, development, and demonstration activities to support the mission of DOD's Ballistic Missile Defense Organization. Requires such activities to be undertaken in accordance with a memorandum of understanding entered into by the Secretaries of Energy and Defense for the use of national laboratories for ballistic missile defense programs.
(Sec. 3133) Earmarks DOE funds for the Initiatives for Proliferation Prevention program. Prohibits the obligation or expenditure of DOE funds for the Nuclear Cities Initiative until the Secretary has reported its objectives to the defense and appropriations committees, and 20 days have elapsed.
(Sec. 3134) Prohibits any person from constructing or operating a facility under contract with DOE for fabricating mixed plutonium-uranium oxide nuclear reactor fuel for use in a commercial nuclear reactor without first obtaining a license from the Nuclear Regulatory Commission.
(Sec. 3135) Directs the Secretary to continue operations and maintain a high state of readiness at the F- and H-canyon facilities at the Savannah River site and to provide technical staff to operate and maintain such facilities.
(Sec. 3136) Amends the National Defense Authorization Act for Fiscal Year 1995 to authorize DOE federally funded research and development centers to participate in merit-based technology research and development activities conducted under contract with or on behalf of DOD.
(Sec. 3137) Authorizes the Secretary to: (1) conduct research and other activities through contractor-operated facilities of DOE on behalf of other Federal departments and agencies, State and local governments and agencies, and private persons and entities, and to impose charges to conduct such activities; and (2) carry out during FY 1999 through 2003 a pilot program under which the Secretary and such contractors reduce the facility overhead charges imposed for conducting such activities. Requires an interim report from the Secretary to the Congress on the pilot program.
(Sec. 3138) Directs the Secretary to establish a target for the overhead and service center costs for the Project Hanford Management Contractor for FY 1999 that is less than the established baseline for such costs for that fiscal year. Directs the Secretary to use any funds resulting from such reduction to perform additional cleanup work at Hanford. Requires the Director of the Defense Contract Audit Agency to: (1) review the Hanford Contract for compliance with Federal cost accounting standards; and (2) report review results to the defense and appropriations committees.
(Sec. 3139) Directs the Secretary to establish at the Hanford Reservation in Richland, Washington, the Office of River Protection, to be headed by a senior DOE official who shall be responsible for managing all aspects of the Hanford Tank Waste Remediation System. Directs the Secretary to submit to the defense and commerce committees an integrated management plan for all aspects of the Hanford Tank Farm operations. Requires a report from the Secretary to such committees after two years on the success of the System and the Office. Terminates the Office after five years of operation, unless the Secretary determines that termination would disrupt effective management of Hanford Tank Farm operations.
(Sec. 3140) Earmarks DOE funds for: (1) activities relating to the Hanford Health Information Network as established under the National Defense Authorization Act for Fiscal Year 1991; and (2) payment to the educational foundation chartered to enhance educational activities in the public schools in the vicinity of Los Alamos National Laboratory, New Mexico.
(Sec. 3141) Authorizes the Secretary to enter into partnership arrangements with Federal and non-Federal entities to share the costs of operating the hazardous materials management and emergency response training program authorized under a prior defense authorization Act.
(Sec. 3143) Directs the Secretary to submit to the defense and appropriations committees a plan to relocate the National Atomic Museum in Albuquerque, New Mexico.
(Sec. 3144) Prohibits the Secretary from obligating or expending FY 1999 DOE funds to implement a final decision on the technology to be utilized for tritium production made under the National Defense Authorization Act for Fiscal Year 1998, until October 1, 1999.
Subtitle D: Other Matters - Directs the CG to conduct, and report to the Congress on, a study on the effects of work force restructuring plans for defense nuclear facilities developed pursuant to the National Defense Authorization Act for Fiscal Year 1993. Directs the Secretary to submit to the defense and appropriations committees a plan to terminate the Office of Worker and Community Transition.
(Sec. 3152) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 2000 the authority for the appointment within DOE of certain scientific, engineering, and technical personnel.
(Sec. 3153) Directs the Secretary to report to the Congress a plan to modify the Federal employment system used within DOE defense environmental management programs to allow for work force restructuring.
(Sec. 3154) Authorizes the Secretary to determine and fix the maximum age limit for an original appointment as a DOE nuclear materials courier. Adds such position to Federal employee classification provisions. Makes such provisions applicable to individuals employed as couriers after the later of September 30, 1998, or the date of enactment of this Act.
(Sec. 3155) Amends the National Defense Authorization Act for Fiscal Year 1995 to increase compensation levels for scientific, engineering, and technical personnel responsible for safety at DOE nuclear facilities.
(Sec. 3156) Authorizes DOE to pay incentive payments to qualifying employees who voluntarily separate before January 1, 2001.
(Sec. 3157) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 setting forth policy under the stockpile stewardship program.
(Sec. 3158) Directs the Secretary to report to the defense committees on whether the science-based tools being used by DOE for determining the safety and reliability of the nuclear weapons stockpile are performing in a safe and reliable manner.
(Sec. 3159) Directs the Secretary of Defense, in consultation with the Secretary, to contract with a federally funded research and development center to establish a panel for the assessment of the certification process for the reliability, safety, and security of the U.S. nuclear stockpile. Requires the panel to report annually to the defense committees on such assessment. Requires each Secretary to contribute 50 percent of the required funding for the panel. Terminates the panel three years after the appointment of its chairman.
(Sec. 3160) Expresses the sense of the Congress that the Secretary should prepare and submit to the defense committees a report on: (1) the possible establishment of an international project to facilitate the international exchange of information relating to nuclear waste technologies; (2) whether such project could be funded privately; and (3) a description of Federal programs that facilitate such exchange.
(Sec. 3161) Directs the Secretary and the Archivist of the United States to develop and submit to the defense committees and the Assistant to the President for National Security Affairs a plan to prevent the inadvertent release of records containing restricted data or formerly restricted data during the automatic declassification of records under a specified Executive order. Prohibits, until 60 days after submission of such plan, any record from being declassified unless the agency having custody reviews such record to ensure that it does not contain such data. Directs the Secretary to submit to such committees and Assistant: (1) the results of periodic plan reviews and evaluations; and (2) a report on inadvertent releases of either of such data.
(Sec. 3162) Expresses the sense of the Congress that the Office of Management and Budget should, beginning with FY 2000, transfer the Formerly Utilized Sites Remedial Action Program from the defense 050 budget function to a non-defense discretionary budget function.
(Sec. 3163) Directs the Secretary to establish a task force of the Defense Science Board to examine tritium production technology options.
Requires the Secretary to submit to the defense and appropriations committees: (1) a report on the results of the tritium production test program at the Watts Bar Nuclear Station, Tennessee; and (2) an interim report concerning such program.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1999 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1999, to obligate up to $83 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the obligation of amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3303) Directs the President to dispose of NDS materials. Specifies disposal limits.
(Sec. 3304) Amends the Strategic and Critical Materials Stock Piling Act to authorize the use of NDS funds for the performance of environmental remediation, restoration, waste management, or compliance activities required under Federal law or undertaken by administrative decision or negotiated agreement.
Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1999 for activities relating to the naval petroleum reserves.
(Sec. 3403) Authorizes the Secretary to dispose of that portion of Naval Petroleum Reserve (Reserve) Number 2 located within the town lots in Ford City, California. Mandates disposal requirements. Requires the Secretary to continue to administer the remaining portions of such Reserve until all oil and gas operations are abandoned, at which time the Secretary is authorized to transfer jurisdiction to the Secretary of the Interior.
(Sec. 3404) Directs the Secretary to continue to administer Reserve Number 3 until such time as all oil and gas operations there are abandoned, at which time the Secretary may dispose of such Reserve.
(Sec. 3405) Authorizes the Secretary to transfer to the Secretary of the Interior administrative jurisdiction over all public domain lands included within Oil Shale Reserve Number 2 for management in accordance with the general land laws.
Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1999 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for FY 1999, with specified funding limits.
(Sec. 3503) Requires Commission funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States, with a per vehicle cost limit of $23,000.
(Sec. 3504) Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any laws implementing those treaties.
(Sec. 3505) Authorizes the Commission to seek and accept donations to carry out Commission promotional activities.
(Sec. 3506) Authorizes the Secretary of State to: (1) enter into one or more agreements under which the United States furnishes administrative services relating to Commission pension, disability, medical benefits, and workmen's compensation after December 31, 1999; and (2) establish appropriate procedures for providing advance funding for such services.
(Sec. 3507) Repeals on December 30, 1999, current Federal provisions concerning rights of and benefits accruing to Commission employees at the Canal.
(Sec. 3508) Repeals a Federal provision establishing a Commission central examining office.
(Sec. 3509) Authorizes the Commission by regulation to require, as a condition of passage through the Canal, that any potential claimants be covered by insurance of up to $1 million against the injuries claimed. Limits Commission liability to amounts in excess of any required insurance.
(Sec. 3510) Provides compensation levels for members of the Commission's Board of Contract Appeals.
(Sec. 3511) Requires a DOD officer designated by the Secretary of Defense to be one of the members of the Panama Canal Commission Supervisory Board.
Title XXXVI: Maritime Administration - Authorizes appropriations for FY 1999 to the Department of Transportation for the Maritime Administration.
(Sec. 3602) Authorizes the Secretary of Transportation to transfer:
(1) the vessel M-V Bayomon to a purchaser for use as a floating trade exposition; (2) the vessels Benjamin Isherwood and Henry Eckford to a purchaser for vessel reconstruction for sale or charter; and (3) the vessel ex-U.S.S. Lorain County to the Ohio War Memorial, Inc., for use as a memorial to Ohio veterans.
(Sec. 3604) Earmarks authorized funds for the establishment at a State Maritime Academy of a clearinghouse for maritime information that makes such information publicly available, including by use of the Internet.
Title XXXVII: Increased Monitoring of Products Made With Forced Labor - Authorizes appropriations for FY 1999 for monitoring by the U.S. Customs Service of the importation into the United States of products made with forced labor, the importation of which violates the Tariff Act of 1930. Directs the Commissioner of Customs to report to the Congress on products made with forced labor that are destined for the U.S. market. Expresses the sense of the Congress that the President: (1) should determine whether any country with which the United States has a reciprocal trade memorandum of understanding that involves goods made with forced labor is frustrating implementation of the memorandum; and (2) if so, should commence negotiations for a new memorandum which provides effective procedures for monitoring such labor.
Title XXXVIII: Fair Trade in Automotive Parts - Fair Trade in Automotive Parts Act of 1998 - Directs the Secretary of Commerce to: (1) reestablish the initiative to increase the sale of U.S.-made automotive parts and accessories to Japanese markets; and (2) establish a Special Advisory Committee to advise, assist, and report on issues relating to sales of U.S. automotive parts and accessories in Japanese and other Asian markets. Terminates the initiative on December 31, 2003.
Title XXXIX: Radio Free Asia - Radio Free Asia Act of 1998 - Authorizes appropriations for FY 1999 for Radio Free Asia. Expresses the sense of the Congress that a significant amount of authorized funds should be directed towards broadcasting to China and Tibet in the appropriate languages and dialects. Authorizes appropriations for such fiscal year for: (1) international broadcasting activities, to be available only for enhanced Voice of America broadcasting to China; and (2) radio construction, to be available only for construction in support of enhanced broadcasting to China.
(Sec. 3903) Directs the Broadcasting Board of Governors to prepare and submit to the appropriate congressional committees an assessment of the Board's efforts to increase broadcasting by Radio Free Asia and Voice of America to China and Tibet.